BOMBAY GAS COMPANY LIMITED Vs. JAGANNATHPANDURANG

JUDGEMENT

(1.) This appeal on certificate by the Bombay Gas Co. Ltd., is directed against the judgment and order dated February 6, 1967 of the Bombay High Court in Special Civil Application No. 1987 of 1965. The High Court set aside the decision of the Court of Small Causes, Bombay, in payment of wages Appeals Nos. 162 and 163 of 1962 and remanded the proceedings to the Additional Authority for calculating and awarding over-time wages that may be due to the respondents Nos. 1 to 80 herein. The High Court further reversed the decision of the Court of Small Causes, Bombay, in Payment of Wages Appeal No. 61 of 1963 and restored the orders passed by the Third Additional Authority in favour of the respondents Nos. 81 to 118 herein regarding their right to get wages for weekly off days. C.M.P. No.1300 of 1972 is an application filed by the respondents in the civil appeal for revoking the certificate for leave to appeal to this Court granted by the High Court to the appellant herein.

(2.) We will briefly state the circumstances under which the appeal has come to this Court on certificate:The respondents Nos. 1 to 14 who were employed under the appellant as Syphon Pumpers filed on March 3, 1958 before the Additional Authority 14 applications under S.15 of the Payment of Wages Act (hereinafter to be referred to the Act) claiming overtime wages for the period February 1957 to January, 1958. On the same date the respondents Nos. 15 to 80, who were employed under the appellant as Mains workers filed before the same Authority 66 applications claiming overtime wages for the same period. The claim was substantially based upon the provisions of the Bombay Shops and Establishments Act, 1948 (hereinafter to be referred as the Establishments Act). The appellant raised two grounds of defence:(a) The claims were barred by the Award, Part II of the Industrial Tribunal, Bombay dated March 30, 1950 in Reference (IT) No. 54 of 1949; and (b) The applicants were not workmen men covered by the Establishments Act. On October 13, 1962, the Additional Authority held that the Award, referred to, by the Company was no bar to the said employees claiming overtime wages. But the said Authority accepted the contention of the Company that the applicants are not covered by the Establishments Act, which gives them the benefit of weekly off days with wages under S.18 (3). In this view the application filed by the respondents Nos. 1 to 80 herein were dismissed. The said applicants filed before the Court of Small Causes, Bombay, which was the Appellate Authority, Payment of Wages Appeals Nos. 162 and 163 of 1962 challenging the decision dated October 13, 1962 of the Additional Authority, dismissing their applications.

(3.) During the years 1962-63, the respondents Nos. 81 to 118 herein, in the Civil Appeal filed 38 applications before the Third Additional Authority under S.15 of the Act claiming wages for weekly off days. The said respondents were working in Mains, Heating Appliances and Fitting Departments of the appellants. Here again, the basis of the claim was under the provisions of the Establishments Act. The appellant raised the same two defences as in respect of the claim for overtime wages. The Third Additional Authority, by its judgment dated April 26, 1963, held that the Award, Part II of the Industrial Tribunal, Bombay dated March 30, 1950 in Reference (IT) No. 54 of 1949 is no bar to entertain the applications of the said employees. The said authority further held that the district office in which the said applicants were employed is a "Commercial Establishment" under the Establishments Act and as such they were entitled to wages for weekly off days under S.18 (3) of the said Act. Accordingly, the said authority directed the appellant to pay the amounts mentioned in the judgment to respondents Nos. 81 to 118 and also to pay certain amount by way of compensation. The appellant filed Payment of Wages Appeal No. 61 of 1963 before the Court of Small Causes, Bombay, which was the Appellate Authority, challenging the decision of the Third Additional Authority dated April 26, 1963 regarding payment of wages for weekly off days.