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2017 (7) TMI 1098 - HC - Indian LawsMaintainability of case being P.W. Case No. 4/2017 pending before the learned Labour Court, Jamshedpur - application filed for unlawful deduction of the wages and not for delayed payment of the wages - Form-E - Payment of Wages (Procedure) Rules, 1937 - Held that: - the learned Labour Court after receipt of the application filed by the respondent under Section 15(2) of the said Act, heard the case on admission and, accordingly, issued notice to the petitioner in Form-E of the said Rules. The writ petition filed by the petitioner appears to be premature, as final adjudication is yet to be done by the learned Labour Court, as mandated under Section 15(3) of the said Act. It is well settled that normally the writ petitions filed against the show cause notices issued by the authorities, should not be entertained, unless the same are without jurisdiction. On plain reading of Section 15(3) of the said Act, it is evident that a detail procedure of hearing has been delineated therein. So far as the apprehension of the petitioner that the learned Labour Court is in hurry, as the notice dated 17.06.2017 indicates that the case shall be disposed of on the next date of hearing i.e. 15.07.2017, the same is also unfounded. In fact, the notice dated 17.06.2017 (Annexure-4) has been issued under the proforma of Form-E prescribed in the said Rules itself. Petition disposed off.
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