NEPAL CHANDRA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. S. Talapatra, learned senior counsel appearing for the petitioner. Also heard ms. A. S. Lodh, learned counsel appearing for the State respondents.

(2.) THE petitioner who is engaged as a pump Operator in the Gas Thermal Civil Sub division, Baramuda is before this Court seeking a direction on the respondents to make payment of the outstanding overtime allowance for the period starting from fourth quarter ending in the year 1989 to the second quarter ending in the year 1993. The total amount claimed by the petitioner towards overtime allowance is Rs. 11,119/ -.

(3.) MR. S. Talapatra, learned senior counsel appearing for the petitioner has referred to the overtime statement dated February 2, 1996 (Annexure-1) prepared by the Executive engineer, Gas Thermal Civil Division, Rokhia which indicates the extra hours of service rendered by the petitioner and the total amount payable to him as overtime allowance. The learned counsel has also referred to the certificates enclosed as annexures which recommend payment of overtime allowance to the Pump Operators. Learned counsel submits that there is no dispute about the actual overtime rendered by the petitioner and the only objection that is raised for refusing to make payment is reflected in the counter affidavit filed on behalf of the government. In the said counter affidavit, it is averred that overtime allowance cannot be paid to the petitioner because of the provisions contained in Section 64 of the Factories Act which prohibits more than 50 hours per quarter of overtime duty, without obtaining prior approval of the Chief Inspector of Factories. As the approval of the Chief Inspector for the abnormal high hours of overtime duty had not been obtained, the payment for such extra duty cannot be made to the petitioner.