MANAGMENT OF HARDY EXPLORATION AND PRODUCTION INDIA INC Vs. PRESIDING OFFICER II ADDITIONAL LABOUR COURT

JUDGEMENT

(1.) ALL these writ appeals have been preferred by the Management of Hardy Exploration and production India Inc. , Chennai against the common order dated November 18, 2008 passed by a learned single Judge of this Court in different writ petitions. They are being heard together and are disposed of by this common judgment.

(2.) THE contesting respondents of each case, viz. , the second respondent in the respective writ appeals, who are employees under the appellant-Management, filed petitions under Section 33-C (2) of the industrial Disputes Act, 1947 before the second Additional Labour Court, Chennai contending that they are entitled to receive Rs. 60/- per hour as their overtime wages on the basis of their consolidated salary of Rs. 5,000/-per month. The said claim was resisted by the appellant-Management on the ground that their basic salary is only Rs. 2,500/- per month and adding House Rent Allowance and other allowances, they received Rs. 5,000/- per month; thus, the Management was liable to pay only a sum of Rs. 30/- per hour as their overtime wages, which has been paid. The Second additional Labour Court, Chennai, vide order dated December 15, 2006, allowed the claim made by the workmen on appreciation of the oral and documentary evidence. The said finding was also affirmed by the learned single judge by the impugned order dated November 18, 2008.

(3.) LEARNED counsel appearing on behalf of the appellant-Management, while referring to certain exhibits, submitted that those documents were not correctly appreciated by the Labour Court nor by the writ Court.