NAGAR PALIKA, MAWANA Vs. LABOUR COURT

JUDGEMENT

(1.) Heard learned counsel for the parties. This writ petition is directed against order 30.8.1991 passed by Presiding Officer, Labour Court (II), U.P., Meerut in Misc. Case No. 53 of 1990 under Section 33-C(2) of Industrial Disputes Act? Raj Kumar Singh v. Nagar Palika Mawana. Through the said case respondent No. 2-workman Raj Kumar Singh had claimed over time wages against the petitioner from 24.6.1982 to 2.12.1987. The Labour Court accepted the case of respondent No. 2 and directed payment of Rs. 15,917.50 as overtime wages to him by the petitioner-employer.

(2.) The matter is squarely covered by the authority of the Supreme Court reported in D. Krishnan v. Special Officer, 2009 AIR(SC) 395 relied upon by the learned counsel for the petitioner. In the said authority it has been held that unless claim/entitlement to overtime wages is determined by some competent authority (prior adjudication), it cannot be directed to be paid under Section 33-C(2) of Industrial Disputes Act. ccordingly, writ petition is allowed. Impugned order is set aside.