DILIP CHHOTALAL PATEL Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) Total non-application of mind is exhibited by the learned Labour Judge while passing the impugned order. The petitioner herein has preferred an application being Recovery Application No.2855/1985 by resorting to Section 33 C (2) of the Industrial Disputes Act.

(2.) The case of the petitioner-workman is that he is serving as a Telephone Operator in the L.G.Hospital of the Corporation. According to him, he has not been given any weekly leave or benefit of public holidays and he is required to serve continuously without any holiday worth the name. By preferring the said Recovery Application, it is prayed that he is required to be paid over time amount at the rate of Rs.8.87 ps. and on that basis he has prayed that he may be paid Rs.851.52 ps. by way of overtime wages.

(3.) The said application of the petitioner-workman was resisted on behalf of the respondents before the trial Court. A stand was taken by the department that the petitioner is not entitled to such payment because he is given the benefit of higher pay scale i.e. Rs.330-560.00. The learned Judge, after hearing both the sides, came to the conclusion that the petitioner is not entitled to the benefit of over time amount in view of the award passed by the Industrial Tribunal in Reference (IT) No.123/1980. The petitioner and such other set of employees have been given the benefit of higher pay scale and ultimately, their pay scale was revised to Rs.330-560.00. So far as Reference (I.T.) No.123/1980 is concerned, the said dispute was between Ahmedabad Municipal Corporation (Lallubhai Gordahnbhai General Hospital, Ahmedabad) and the Workmen employed under it. In the said dispute, the Court was concerned with the demand of the workmen for higher pay scale. In that case, the dispute was in connection with giving appropriate grade to the telephone operators working in the Hospital by giving them grade of Rs.330-560. In order to substantiate their demand, the Union, in the aforesaid reference, relied upon the pay-scale given by other departments of the Municipal Corporation and it was argued on behalf of the telephone operators serving in the L.G.Hospital that as a matter of fact they are performing more severe and onerous duty as compared with the operators working in other departments of the Corporation, as they are not even given weekly off and other festive holidays. Considering their demand and considering the aforesaid aspect of the matter, the Tribunal allowed the said reference. The relevant observation of the tribunal while accepting the said demand is as under :