Dismissed

Indian Major Port and v. The Chairman

Madras HC2 Dec 2022WP/4030/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a registered Association seeking a direction to deduct annual subscription from employees' salaries. The Court held that salary deduction without individual written consent is impermissible.

What did the court decide?

Petitioner's relief for directing deduction of subscription without consent is rejected; petition disposed of with no costs.

Indian Major Port and Vs The Chairman — Service and Employment | Madras HC (2022)

¶1

W.P.No.4030 of 2019

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 02.12.2022

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

¶6

W.P.No.4030 of 2019

¶7

Indian Major Port & Dock Officers' Association, Reg No.46/2018 Rep.by its President, No.1/675, 1^st Street, Muthamizh Nagar, Chennai – 600 118. ...Petitioner

¶8

Vs.

¶9

The Chairman, Chennai Port Trust, Rajaji Salai, Chennai – 600 001. ..Respondent

¶10

Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, di recting the respondents to consider the petitioner representation dated 16.11.2018 to deduct annual subscription of Rs.150/-from the respective salaries of the members of the petitioner Association and credit the same to Petitioner Association Bank Account No.05290100024209 in Bank of Baroda, Chennai Main Branch within such time frame fixed by this Court.

¶11

https://www.mhc.tn.gov.in/judis

¶12

1/4

¶13

W.P.No.4030 of 2019

¶14

For Petitioner : Mr.K.Livingston For Respondent : Mr.S.Haja Mohideen Gisthi

¶15

ORDER

¶16

The petitioner is the registered Association, filed the present writ

¶17

petition seeking a direction to direct the respondents to consider the representation dated 16.11.2018.

¶18

The grievances of the writ petitioner/Association is that the Pay Disbursing Officers are not deducting the yearly Union Subscription and pay the same to the Association.

¶19

The deduction of yearly subscription from the salary of the employees cannot be done without their written consent. Salary is the earned wages of an employee and no deduction can be made without obtaining a written consent from the employee concerned. Even other recoveries are to be

¶20

made only in accordance with the Statutes or the Court orders as the case may be.

¶21

However, in the present case, recovery cannot be made at the

¶22

2/4

¶23

https://www.mhc.tn.gov.in/judis

¶24

W.P.No.4030 of 2019

¶25

instance of the petitioner/Association. Thus, it is clarified that mere representation to the authorities to deduct yearly subscription is impermissible and the Association is at liberty to make a request to the authorities and the authorities only based on the written consent of the employees, can deduct the yearly subscription and pay the same to the Association. Beyond that, the Association cannot have any claim for deduction for salary from the employees concerned.

¶26

With these observations, the writ petition stands disposed of. No

¶27

costs.

¶28

02.12.2022

¶29

Index : Yes Speaking order:Yes kak To

¶30

The Chairman, Chennai Port Trust, Rajaji Salai, Chennai – 600 001.

¶31

3/4

¶32

https://www.mhc.tn.gov.in/judis

¶33

W.P.No.4030 of 2019

¶34

S.M.SUBRAMANIAM, J.

¶35

kak

¶36

W.P.No.4030 of 2019

¶37

02.12.2022

¶38

https://www.mhc.tn.gov.in/judis

¶39

4/4

Indian Major Port and v. The Chairman

Case brief

What is this about?

What did the court decide?

Indian Major Port and v. The Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.Janakiraman Vs The Managing Director

G.a.Rasheed Vs The Govt of tamil Nadu

M.Selvam Vs The Principal Secretary to Government

J.Murugesan,Executive Engineer Vs The Secretary to Government

T.Mahendran Vs The Government of Tamil Nadu

A.Cecily Maria Helan Vs The Principal Accountant General of Tamil Nadu