UNION OF INDIA Vs. MOHMAD HUSSAIN AND ORS.

JUDGEMENT

(1.) BY this Petition the Union of India through Chief Commercial Superintendent, Western Railways, challenges the Judgment and Order passed by the Central Government Labour Court No. 2, dated 15 November 1994, directing payment of overtime wages to the Respondents -workmen, in the Application filed by them under Section 33C(2) of the Industrial Disputes Act, 1947.

(2.) THE Respondents, who are 47 in number were working as Head Waiters, Waiters, Cooks, Assistant Cooks, Cleaners in the Dining Cars of Rajdhani Express run by the Western Railways. They filed Application No.LC -2/1223 to 1269 of 1985 in the Central Government Labour Court No. 2 under Section 33C(2) of the Industrial Disputes Act, 1947. According to them, they were supposed to discharge their duties 8 hours per day and 48 hours per week and were entitled to overtime wages in case they worked in excess of 104 hours in two weeks. Their case was that the rate of overtime for the work done between 104 hours and 108 hours was one and half times the ordinary rate and for the work beyond 108 hours, it was double the ordinary rate. According to them, from the time they joined the duty on the train, they were working throughout the journey till the time they returned back. It was their case that the train generally took 471/2 hours on its journey to New Delhi and back to Mumbai within three days. According to them, they worked during this period and they entitled to overtime wages.

(3.) THE Labour Court by order dated 29 January 1990 allowed the Applications and directed payment of overtime wages to the Respondents -workmen. The Labour Court primarily relied upon the oral evidence adduced by the parties. The Petitioner thereafter filed a Writ Petition No. 3323 of 1990 challenging the order passed by the Labour Court. This Court upheld the findings of the Labour Court as regard limitation and maintainability of the Application. On merits the learned Single Judge observed as under : -