GUJARAT WATER RESOURCES DEVELOPMENT CORPORATION LTD Vs. GUJARAT JAL SAMATTI VIKAS NIGAM KAMDAR MAHA SANGH

JUDGEMENT

(1.) Gujarat Water Resources Development Corporation Limited (hereinafter referred to as "Corporation"), petitioner, have filed present petition under Article 227 of the Constitution of India, before this Court challenging the judgment and award dated 4th March, 1986, passed by the Industrial Tribunal ( "the tribunal" for short), Ahmedabad in Reference (I.T.) No.693 of 1980. 1.1 The tribunal by its impugned judgment and award has held that, as regards demand for fixation of working hours and overtime, it would be fair enough if the workmen of the Corporation are given these benefits on the same lines as in the Gujarat Minimum Wages Rules, 1961 (hereinafter referred to as "the said Rules"). The tribunal also held that the benefits of working hours of the workmen in the tube wells shall be on same limes as in the said Rules particularly Rule 24. The tribunal further held that the overtime shall be paid at double the rates of wages on the same lines as provided under the said Rules particularly under Rule 25. The said overtime shall be paid to all workmen with retrospective effect from 1.1.1981. The tribunal further held that the workmen in the tube wells should be given atleast four national and festival holidays with pay. The tribunal further held that the workmen is required to work on that day due to any reason, they shall be given a compensatory off for that day falling within the permissible limit of continuous work in addition to weekly off.

(2.) The facts giving rise to this petition are as under: 2.1 The petitioner Corporation is a Government company within meaning of Sec.617 of the provisions of the Companies Act, 1956. It was established to develop, to harness and energise tubewells in the State of Gujarat for agriculture purposes. The petitioner is engaged in the activities of drilling and operating tubewells and constructing lift irrigation schemes in the State of Gujarat. 2.2 It has been further stated that the concerned pump operators were originally government servants and then treated as the permanent employees of the District Panchayat. Thereafter, the State Government issued Notification dated 8.6.1978 issued by Secretary, Government of Gujarat, Public Works Department, and the workers of tubewells so far as it pertains to operation and maintenance was transferred to the respective District Panchayats was placed under the control of the Corporation with a view to improve the utility etc. was under consideration of Government. They were permanently transferred to the petitioner Corporation. They are regular/permanent employees of the corporation. Their service conditions are governed under the Rules and Regulations, Circulars, Resolutions and Notifications issued by the State Government from time to time which is applicable to the Corporation from time to time. BACKGROUND OF THE MATTER:

(3.) It may be noted that earlier one Chauhan Dadusinh Rupsinh and others, petitioners, have filed a petition before this Court being Special Civil Application No.3105 of 1980 against the respondent Corporation and others with a prayer that this Court may issue a writ of mandamus or any other appropriate writ, order or direction, calling upon the respondents to fix working hours of employees and call upon to grant Sundays and public holidays as holidays, and also to direct the respondent to pay the amount for the extra work done by the employees. The said petition was filed on 21st October, 1980. 3.1 It may be noted that in that matter ultimately heard by this Court and this Court (Coram: P.D.Desai, J. (as he was then)) was pleased to pass order on 24.12.1980 as under: