LAWS(SC)-2024-4-114

SECRETARY, PUBLIC WORKS DEPARTMENT Vs. TUKARAM PANDURANG SARAF

Decided On April 19, 2024
Secretary, Public Works Department Appellant
V/S
Tukaram Pandurang Saraf Respondents

JUDGEMENT

(1.) Heard.

(2.) The present Appeal by special leave is preferred on behalf of the Appellants-Employer, challenging the impugned Judgment dtd. 15/11/2014 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in Writ Petition No.3425 of 2010 (Civil), whereby the High Court dismissed the said Writ Petition filed by Appellants-Employer and upheld the Judgment and Order dtd. 31/10/2009 passed by the Industrial Court, Yavatmal, Maharashtra (hereinafter being referred to as 'Industrial Court') in Complaint (A.K.P.) No.38/2006. The Industrial Court had allowed the Complaint filed by the Respondent-Employees upholding their claim for entitlement of holidays on 2nd and 4th Saturdays and for payment of salary equal to one and a half times salary for the work done by them on 2nd and 4th Saturdays as per the Kalelkar Award.

(3.) The facts of the case, in a nutshell, are that the Respondent-Employees were appointed on the positions of Mailmujar and Mali between 1982 and 1997 under the Executive Engineer, Public Works Department, Pusad, Tq. Pusad, District Yavatmal and the Sub-Divisional Officer, Public Works Department, Pusad, Tq. Pusad, District Yavatmal. For the sake of brevity, the details of the Respondent-Employees with reference to their date of initial employment, post held, and date of appointment are illustrated in a tabular form below: