JAGDISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have approached this Court under Article 226/227 of the Constitution of India assailing the order dated 27.6.1992 (Annexure P-3) whereby recovery was sought to be effected from them on account of payment made to them for overtime work done. Additionally, the instructions dated 29.8.1991 (Annexure P-2) issued by respondent No. 2 have also been assailed.

(2.) After hearing learned Counsel for the parties, I find that the present writ petition deserves to succeed. It would be expedient to refer to certain relevant provisions of the Act. Section 2(h) of the Act defines motor transport worker. It read thus:

(3.) Section 13 of the Act prescribes the number of hours which an adult motor transport worker is required or allowed to put on any day or in any week. It is in the following terms:--