STATE OF GUJARAT Vs. BINDESHWARISINGH N RAJPUT

JUDGEMENT

(1.) The E.S.I.C. through the State of Gujarat has filed this petition challenging the judgment and award of the Labour Court, Ahmedabad dated 4th April, 2003 in Recovery Application No.376/87, whereby the Labour Court has directed the petitioner State to pay an amount of Rs.1,23,094=00 towards overtime for the period between 2nd June, 1965 to 2nd June. 1986.

(2.) The short facts as they emerge from the record of the petition are that the respondent-workman was appointed as Class-IV employee on the post of watchman in the payscale of Rs.196-232/-. It is the case of the respondent-workman that since 4th June, 1965, he has been working as night watchman with the petitioner State. It is the case of the respondent-workman that though he had worked overtime, the petitioner State is not paying him overtime wages.

(3.) I have heard the learned advocate for the respective parties and have perused the record. From the record, it is clear that the respondent-workman himself had made an application before the Labour Court claiming that he is working from 4th June, 1965 and he is a permanent employee of the State Government. However, if he is a government servant, then he is governed by the B.C.S.R. and he is not entitled for any overtime payment, in view of the provisions of Rule 17, which reads as under :-