UNION OF INDIA Vs. ARUN VITHAL BONDE

JUDGEMENT

(1.) The petitioners have sought a writ of certiorari to quash and set aside the Awards dated 5th December, 1996, and 21st March, 1997, passed by the Presiding Officer, Central Government, Labour Court No. 2.

(2.) Petitioner No. 2 is the India Security Press. Respondent Nos. 1 to 61 are the employees appointed and posted to work in the dispensary of the hospital established by the petitioners for the purpose of rendering medical assistance to the workers, staff and officers of the India Security Press. They were engaged as dressers, ward-boys etc. and were admittedly all Class-IV employees. Some of them have, during the pendency of the proceedings, retired and/or been transferred.

(3.) The employees filed applications under section 33-C(2) of the Industrial Disputes Act, 1947, contending that they were entitled to get payment of overtime allowance at twice the rate of their ordinary wages. This was on the basis of section 59 of the Factories Act, 1948. It is not necessary to deal with the facts regarding any of the employees as the question that arises for consideration is based only on the provisions of law viz. the Factories Act, 1948 and the Bombay Shops and Establishments Act, 1948. Further, there is no dispute that each of the Class-IV employees worked in the dispensary or hospital which was run and managed by the petitioners expressly and exclusively for the purposes of the India Security Press. Nor do I intend dealing here with the merits of the individual employees including as regards the number of hours of work that they actually put in and the amount of overtime that they are entitled to. That is a matter of computation.