INDIAN INSTITUTE OF TECHNOLOGY~MADRAS Vs. PRESIDING OFFICER

JUDGEMENT

(1.) CHALLENGE is made to an order of the Labour Court, Madras, made in Claim Petition Nos. 274 to 430 of 1999, 389 to 395, 397, 400, 407 to 409 and and 411 to 416 of 2002 in favour of the respondents 2 to 176 herein holding that they are entitled for the overtime wages during the relevant period from 1993 to 1999 and also granting other reliefs.

(2.) THE Court heard the learned Counsel on either side. The affidavit in support of the petition along with the grounds are also looked into.

(3.) THE respondents 2 to 176 along with others made all those claim petitions alleging that they were all working as Server, Cleaner/washer, Cook, Servant maid, Gardener, Grinder and Distribution Attendant respectively from 1963, 1964, 1965, etc. , with the petitioner institute; that they have been assigned to work at the Students' Hostel, situated within the Institute campus; that the petitioner establishment is a Residential Education Institution; that it caters to the needs of the students; that it is a condition precedent that all the students joining the petitioner's establishment should continue their studies by staying there; that there are about 3000 students; that the Cooks report for duty by 5. 00 A. M. , and all other workers report duty at 6. 00 A. M. ; that after completing the service, the workers finish a day's work at 8. 30 P. M. , and thus, they have been working for more than 14. 30 hours per day; that as per the letter from the Government of India dated 27. 1. 1993, all the employees should work for 48 hours per week not exceeding 10 hours per day, and however, due to the exigencies of work, if an employee was required to put in more than 48 hours of work per week, he should be entitled for payment of overtime allowance as per Rules; that they have been doing overtime work; that under the circumstances, they are entitled for extra duty allowance, and hence, it has got to be ordered for the period from 1993 to 1999 along with interest at 18% per annum which they are entitled.