LAWS(DLH)-2015-1-55

DIRECTOR GENERAL OF WORKS Vs. SUSHIL KUMAR

Decided On January 12, 2015
DIRECTOR GENERAL OF WORKS Appellant
V/S
SUSHIL KUMAR Respondents

JUDGEMENT

(1.) The Writ Petition (W.P.(C) No.7219/2012) has been filed by the Director General (Works), CPWD seeking quashing of order dated 25.06.2012 passed by the Authority under Minimum Wages Act, 1948 and Regional Labour Commissioner (Central) (hereafter referred to as the 'impugned order') whereby the claims made by eight CPWD Pump Operators (hereafter 'workmen') with respect to overtime wages were allowed. The said Authority held that that the workmen had worked overtime and were entitiled to overtime allowance under Section 14 of the Minimum Wages Act, 1948 (hereafter the 'Act') and Rule 25 of the Minimum Wages (Central) Rules 1950 (hereafter '1950 Rules').

(2.) The writ petition (W.P.(C) No.14846/2004) has been filed by the CPWD Mazdoor Union (hereafter 'Union') seeking quashing of the Office Memorandum dated 30.12.2003 passed by respondent no. 2 - Director General (Works), CPWD (hereafter the 'impugned memorandum') whereby the payment of double overtime wages to the Work charged establishment and regular classified establishment employees of CPWD has been withdrawn.

(3.) Briefly stated, the relevant facts pertaining to W.P.(C) No.14846/2004 are as follows: