(1.) IN this writ petition the employer has assailed the legality of the order dated 1.1.2002 passed by the learned Presiding Officer, Labour Court, Bhubaneswar (for short 'the Labour Court') in I.D. Misc. Case No.48 of 1994 directing the employer to pay to the legal heirs of the deceased -workman Rs.4,38,425.68/ - towards overtime duty wages payable to the deceased -workman within a period of two months from the date of the order failing which the deceased's legal heirs have been held to be entitled to get the order implemented through process of law with interest at the rate of 15 per cent per annum from the date of amount became payable till the date of actual payment.
(2.) I .D. Misc. Case No.48 of 1994 was instituted on the basis of application under Section 33 -C(2) of the Industrial Disputes Act, 1947 (for short 'the Act'). It was averred by the workman that he joined as a Watchman in the establishment of Telecommunication Laboratory Sub - Division, O.S.E.B., Bhubaneswar under the jurisdiction of Executive Engineer, Telecommunication Mt. Division, Bhubaneswar. He was entrusted with the duties of watching the materials as well as office of the Telecommunication Division and Sub - Division for more than 17 hours a day including on holidays. However, he was not paid any extra wages for the extra hours of duty. According to the calculation sheets annexed to the application, the workman claimed that the employer was liable to pay Rs 2,19,212.84/ - towards wages for extra hour of duly for the period from14.6.1985 to 31 1.1994. Accordingly, claim was filed to direct the employer to pay double the amount, i.e., Rs.4,38,425.68/ - towards overtime duty wages.
(3.) WORKMAN having died during pendency of the proceeding before the Labour Court, his legal heirs, who are opposite party nos.2 to