2025:JHHC:25704 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.658 of 2024 .... M/s Tata Pigments Limited, an existing Company incorporated under the Indian Companies Act having its registered Office at Sakchi Boulevard, P.O. & P.S. Sakchi, Jamshedpur, Singhbhum East represented by its authorized representative Navneet Kaur Bhatia aged about 37 years, wife of Gagandeep Singh Bhatia, r/o Gaushala Road, P.O. & P.S. Jugsalai, Near Jain Mandir, Jamshedpur, Singhbhum East .… Petitioner Versus 1. The State of Jharkhand 2. Dy. Labour Commissioner cum Authority under the Payment of Wages Act, 1936 Kolhan Division, having its office at Sakchi, P.O. & P.S. Sakchi, Town Jamshedpur, District Singhbhum East 3. M/s Turret Industrial Security Pvt. Ltd. through its Manager Mr. Ramesh C. Upadhyay, S/o not known having his office at Pushpanjali, 43/A, Inner Circle Road, Contractor’s Area, Bistupur, P.O. & P.S. Bistupur, Singhbhum East 4. Manoj Kr. Sharma son of not known to the petitioner 5. Sajal Majumdar son of not known to the petitioner 6. Bhaba Shankar Manna son of not known to the petitioner 7. Dubraj Tudu son of not known to the petitioner 8. Bama Pada Chakraborty son of not known to the petitioner 9. Dinesh Kumar Singh son of not known to the petitioner All respondent no.4 to 8 at H. No.24, Zone No.3, Ramni Flat, Teacher’s Colony, P.O. & P.S. Baridih, Singhbhum East .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. P.A.S.Pati, Adv. For the State : Ms. Nirupama, AC to Sr. SC-II For the Resp. No.3 : Mr. Deepak Kr. Sinha, Adv. For the Resp. No.4 to 9 : Mr. Pratik Sen, Adv. .... 07/27.08.2025 1. The present writ petition has been filed for the following reliefs:- a. To quash and set aside the order dated 23.02.2023 (ANNEXURE-9) passed in P.W Case No. 2 of 2023 passed by the respondent no. 2 whereby and whereunder the concerned respondent authority has admitted the case; or in the alternative. b. To quash and set aside that part of the order dated 19.05.2023 (ANNEXURE-9) passed in P.W Case No. 2 of 2023 passed by the respondent no. 2 whereby and whereunder the concerned respondent authority has ordered that the preliminary objection filed by the petitioner will be decided at the time of passing of the final order. c. Upon quashing and setting aside that part of the order dated 19.05.2023 passed in P.W Case No. 2 of 2023 passed by the respondent no. 2 be pleased to direct the concerned respondent to decide the 2025:JHHC:25704 2 W.P.(C) No.658 of 2024 preliminary objection filed by the petitioner to ascertain maintainability of the proceedings against the Petitioner. 2. Learned counsel for the petitioner has brought to notice of this Court regarding relevant provisions of the Payment of Wages Act, 1936 which is quoted hereinbelow:- 2. Definitions—In this Act, unless there is anything repugnant in the subject or context,— i……………….. ii………………. iii……………… iv……………… v………………. (vi) “wages” means all remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes— (a) any remuneration payable under any award or settlement between the parties or order of a Court; (b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period; (c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name); (d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made; (e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force. but does not include— (1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court; (2) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of [appropriate Government]; 2025:JHHC:25704 3 W.P.(C) No.658 of 2024 (3) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (4) any travelling allowance or the value of any travelling concession; (5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or (6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d). Section 15(2) of the Payment of Wages Act, 1936 (2) Where contrary to the provisions of this Act any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector under this Act, or any other person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under sub-section (3): Provided that every such application shall be presented within 1 [twelve months] from the date on which the deduction from the wages was made or from the date on which the payment of the wages was due to be made, as the case may be: Provided further that any application may be admitted after the said period of 1 [twelve months] when the applicant satisfies the authority that he had sufficient cause for not making the application within such period. 3. Referring to above section, it has been submitted that this is a preliminary issue and after adjudication upon the same, the proceeding should have been proceeded. 4. Learned counsel for the other side have raised no objection and it has been admitted by both the parties that this issue shall be decided as a preliminary issue. 5. In that view of the matter, the present writ petition stands disposed of giving liberty to the petitioner to raise such issue in the pending proceeding and the authority is directed to consider the same after giving due opportunity to all the parties and decide above issues as a preliminary issue and then only to proceed in the matter. 6. I.A.1090 of 2025 also stands disposed of. (Rajesh Kumar, J.) Shahid/ uploaded