Excelsior Correspondent
JAMMU, June 1: High Court of Jammu & Kashmir and Ladakh has kept in abeyance the strike notices issued by Kissan Mazdoor Union (KMU) Nagseni Kishtwar to M/s Chenab Valley Power Projects Ltd (CVPPL).
The order has been passed by Justice Mohd Yousuf Wani in a petition filed by M/s Chenab Valley Power Projects Ltd through Advocates Dinesh Singh Chauhan, Rupinder Singh and Damini Singh Chauhan.
The counsels for the petitioner submitted that the KMU has been demanding the payment of wages to the workers engaged by the contractors of the Chenab Valley Power Projects Limited as per the Central Minimum Wages when they are entitled under law to the minimum wages in vogue as per the notification of the UT Government of J&K.
Advocate D S Chauhan invited the attention of the court towards a communication dated 24.05.2022 made by the respondent to the Managing Director, CVPPL wherein the clarification sought has been made by stating that as per the provisions of Section 2(b)(i) of the Minimum Wages Act, 1948, the State Government is the, “appropriate authority” for fixing the minimum wages in respect of the workers engaged by the contractors of CVPPL.
He further submitted that several conciliation efforts have also been held in respect of the dispute and the matter is presently sub-judice before the Central Government Industrial Tribunal-cum-Labour Court-II, Haryana.
“The Union while misusing the provisions of the Industrial Disputes Act, 1947 issued a final strike notice(s) purportedly under Section 22 of the Industrial Disputes Act. In view of the provisions of Section 23 of Industrial Disputes Act, strike call cannot be given during the pendency of a dispute before any Tribunal or Authority”, he said, adding “in case the Union is not restrained from going on the proposed strike, the national interest will be put to loss”.
After hearing counsel for CVPPL, the High Court issued notice to the respondents in the main as well as in the interim application. “In the meantime, subject to any vacation/modification upon the consideration of objections/arguments and till next date of hearing before the Bench, the operation of the strike notices issued by the Union shall remain in abeyance”, the High Court ordered.
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