UNION OF INDIA Vs. O P SINGH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India by the Union of India is directed against the order dated June II, 1984 passed by the Presiding Officer, Central Government Labour Court, New Delhi whereby the Labour Court allowed the application of the respondents under section 33C(2) and awarded particular amount to the alleged workmen.

(2.) The respondents are employees of the Union of India and are working with the Garrison Engineer Nurth, Air Force, Palam, Delhi under the Ministry of Defence. The said Department owns number of buildings for providing residential accommodation to the defence personnel Some of the buildings arc owned by the Government while the others are taken on lease by the Government, Whenever some of these buildings fall vacant on transfer or retirement of the officers an employee is posted in that building as Chowkidar to take care of the vacant building. The respondents are in that category and have been posted in buildings to rake care. They filed a claim with the Labour Court that the were on duty for 24 hours a day and as such were entitled to they overtime wages for the entire 24 hours minus the 8 hours duty which can be taken under law from them.

(3.) The claim was resisted by the Union of India. It was pleaded that the Union of India or the Department concerned cannot be said to be an industry, the employees were not workmen and in any case the application under Section 33C(2of the Industrial Disputes Act was not competent. The Labour Court without going into these quesions relying on a decision on an earlier application under Section 33C(2) decided all these questions against the petitioner Union of India. However, while deciding the quantum the Labour Court came to the conclusion that the employees were admittedly sleeping for 6 to 7 hours a day and as such they would not be entitled lo overtime wages for those hours and for the remaining hours he allowed their claim.