EXECUTIVE ENGINEER TRAINING CPWD Vs. REGIONAL LABIUR COMMISSIONER

JUDGEMENT

(1.) Rule With consent.of learned counsel for the parties the petition is taken up for final disposal.

(2.) This writ petition has been filed under Article 226 of the Constitution of India seeding a writ in the nature of certiorari for quashing the order dated 17.6.2000 passed by the Regional Labour Commissioner, New Delhi, an authority under the Minimum Wages Act, 1948 (hereinafter referred to as the said Act) Respondent No.2 was appointed as Chowkidar With CPWD on 16/05/1981. A circurar was issued on 19.9.1986 in respect of provision of overtime allowance of chowkidars. The said circular is as under :

(3.) The claim of respondent No.2 filed under Section 20 (2) of the said Act claiming over time has been allowed by the impugned order. The Regional Labour Commissioner has proceeded vide the impugned order to uphold the contention of respondent No.2 on the basis of a decisions of the Central Administrative Tribunal in OA 2452/1991 and OA 2112/1988 in view of the observations stated to have been made in these orders to the effect that chowkidars of CPWD are covered under Rule 25 of the Minimum Wages Act and they come under Item 7 Part I of the Schedule.