JESSOP AND CO. Vs. M. MUKHERJEE

JUDGEMENT

(1.) The Appellant before us made an application under Article 226 of the Constitution of India for appropriate writs directed against an order passed by the Second Labour Court on March 13, 1967. The application came up for hearing before P.R. Banerjee J. By his judgment dated January 24, 1972, the learned Judge has dismissed the application and discharged the Rule nisi that was issued. The present appeal is against the judgment of P.K. Banerjee J.

(2.) It appears that an industrial dispute arose between Messrs. Jessop and Co., the Appellant and their workmen in 1957. On October 28, 1957, this industrial dispute was referred to the Fourth Industrial Tribunal for adjudication. There were eight issues before the Tribunal of which issue No. 8 related to 'overtime allowance'.

(3.) The Fourth Industrial Tribunal gave its award on January 21, 1960, which was published in the Calcutta Gazette on February 25, 1960. With regard to issue No. 8 the aforesaid award states that the overtime wages should be paid at 1 1/2 times basic hourly wage for the workmen at the Head Office. This decision thus enhances the rate of overtime wages from 1 -25 to 1 -50.