OFFICER COMMANDING ENGINEER STORES DEPARTMENT KANKINARA Vs. AUTHORITY UNDER THE PAYMENT OF WAGES ACT WEST BENGAL

JUDGEMENT

(1.) GOVERNMENT of India in its Ministry of Defence is the owner of an engineering stores depot (machinery), at Kankinara shortly known as ESD (M ). The said depot is registered as a factory under the Factories Act, 1948, and the workers in the said factory are civilian workers in defence services and are governed, inter alia, by Military Engineering Services Regulations (hereinafter referred as M. E. S. Regulations ). Prior to February 15, 1965 the working hours of the depot was 43 hours excluding rest intervals of 21/2 hours as follows : <FRM>JUDGEMENT_45_TLCAL0_1977Html1.htm</FRM> 11. Working Hours in ESD (M) Kankinara. Reference Part I Order No. 9 dated 29. 1. 65. As directed by E-in-C, Army Head Quarters to work 451/2 hours in a week excluding intervals for rest on account of lunch break the working hours will be observed with effect from 15 February, 1965 by ESD (M) Kankinara including esd (M) Sub Depot Kanchrapara as under:- <FRM>JUDGEMENT_45_TLCAL0_1977Html2.htm</FRM>

(2.) AS a result the working hours of Industrial staff and Non-industrial staff in the said depot was increased by 1/2 hrs. on week days since February 15, 1965 resulting in an increase of working hours 21/2 hours a week or 451/2 hours a week in place of 43 hours a week. It is obvious that on account of this increase, no extra wages for overtime was payable under the Factories Act.

(3.) THE case of the workers in the esd (M) is that they have been required to give extra service for 1/2 hours on week days in excess of normal hour's of work. As such they are entitled to extra wages calculated on the proportionate basis of wages of normal hours of work. The Officer Commanding esd (M) being the person responsible for payment of such wages having delayed to make payment the workers by separate petitions filed in 1965 before the Authority under Section 15 (1) of the Payment of Wages Act. 1936 for the State of West Bengal (hereinafter referred to as the Authority)claimed wages so delayed, the basis of the claim as set out in the petition in Form A to the Act as a specimen is as follows :