GENERAL MANAGER BANK NOTE PRESS Vs. CHATTAR SINGH

JUDGEMENT

(1.) THE Order passed in this petition will also govern the disposal of Misc. Petition No. 3399/86 (General Manager, Bank Note Press, Dewas v. M. Shariff and 22 Ors.) as well as Misc. Petition No. 3509 of 1986 (General Manager, Bank Note Press, Dewas v. Awatar Singh and 131 Ors.), as in all these petitions, filed by the Bank Note Press, Dewas, common questions of law and fact arise.

(2.) IN all these 3 petitions under Article 226 of the Constitution, the management of the Bank Note Press, Dewas, has challenged the common order dated 21st May, 1986 passed by the Central Government Industrial Tribunal-cum-Labour Court, Jabalpur, allowing the applications of the respondents in 3 petitions, filed under Section 33-C (2) of the Industrial Disputes Act, 1947, granting their claim for overtime wages at double the normal rate of their wages. These 3 applications were registered by the tribunal as Application Nos. 135/85, 136/85 and 159/85.

(3.) THE case of the respondents in brief was that Bank Note Press, Dewas is a Factory registered under the Factories Act, 1948, which is engaged, amongst others, in the production of the Bank notes and ink which are supplied to the Reserve Bank of India and the security ink is given to various Presses. Bank Note Press, Dewas is doing commercial business by earning profit. The Factory has various sections, such as Control, Printing, Plate making, Stores, Work Shop, Ink Factory, Dispensary, Estate and Administrative Sections, where the employees are required to work overtime to meet the rising demand of the Reserve Bank of India. It has been averred that services of every employee are complimentary and necessary for the proper and effective functioning of the Factory and its production and, therefore, there could be no valid separation of the staff in industrial and nonindustrial workers for purposes of payment of overtime wages. Out of the 3 applications filed under Section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') Application No. 135/85 was by the employees of the management, who are Clerks, Stenographers, Sections officers, Deputy Accountants, Lower Division Clerks, Typists, Office Peons, Guest House Attendants, Nurses, Malis and Estate Custodian, etc. In Case No. 136/85, the employees are Store Keepers, Deputy Works Engineers, Control Inspectors and Deputy Technical Officers, etc. , some of whom are getting wages more than Rs. 650/-per month. In Case No. 159/85 the employees are Inspector Control. All the employees in the 3 petitions were being paid overtime at the single rate either because they are treated to be supervisory or managerial cadre or because they are getting more than Rs. 650/- per month, while others including the Head Time Keepers are paid overtime at double the rate. The respondents claim that since they are workmen as defined under Section 2 (S) of the Act, they are entitled to over-time wages at double the rate under Section 59 of the Factories Act as are admissible to all other workers.