We don’t have to pay staff for September, claims RTC in Telangana HC.

Source – newindianexpress.com

HYDERABAD: The RTC management on Wednesday told the Telangana High Court that the approximately-49,000 staff of the corporation who went on strike are not entitled to their salaries for September, though they worked that month, as per the Payment of Wages Act, 1936. It said the RTC could withhold their pay due to their “unauthorised absence” from duty.

State Additional Advocate General J Ramachandra Rao, appearing for the RTC, made this submission before Justice Abhinand Kumar Shavili, dealing with petitions filed by the Telangana Jathiya Mazdoor Union and the TSRTC Bahujana Karmika union, which sought a direction to the RTC authorities to pay the staff their salaries for September.

Advocate Chikkudu Prabhakar, appearing for the Telangana Jathiya Mazdoor Union, said the denial of wages amounts to “forced labour” and could attract a penalty under the Bonded Labour Act, 1976. 

In the ‘Bihar State Road Transport Corporation vs the State of Bihar’ case, the Patna HC directed the corporation to deposit the salaries in the account of the HC registrar.

Similarly, the Telangana HC can direct the RTC to deposit the amount for the salaries in the account of the registrar general so it may be disbursed among the staff, he added.

Prima facie, RTC staff eligible for Sept salaries, says HC

On the other hand, Ramachandra Rao said that as per Section 7(2) of the Payment of Wages Act, the corporation has the power to deduct eight days’ wages for each day of unauthorised absenteeism. 
The workmen abstained from duty wilfully and went on an illegal strike for 52 days, he asserted, adding that though the employees claim they are entitled to their salaries for September, the corporation is equally entitled to deduct their pay. 

The workmen should have approached the labour court instead of the High Court, he said. Replying to a query from the judge, the AAG said the corporation had not yet exercised its power under the Payment of Wages Act and deducted the employees’ wages.

During the course of the hearing, the judge said that prima facie, the staff who worked for the entire month of September are eligible for payment of salaries and there is no denial in respect of their entitlement for payment of dues.

When the judge asked the petitioners’ counsels to respond to the submissions of the AAG, they contended that the Payment of Wages Act was not applicable in the present case since the corporation, at the first instance, had to frame charges, and the deduction, if any, should be made from future wages.

Not convinced with these submissions, Justice Shavili directed them to come prepared for further arguments on the issue and posted the matter to December 4.