TRILOK SINGH Vs. H.R.T.C. LTD

JUDGEMENT

(1.) THE petitioner is aggrieved by the action of the respondents in not being paid wages for over time in accordance with the provisions of the Motor Transport Workers Act, 1961 (hereafter referred to as the Act of 1961). A petition under Section 33- C(2) of the Industrial Disputes Act, 1947 (hereafter referred to as the Act) was filed by the petitioner before the Labour Court in which the petitioner had claimed a sum of Rs.36,837.40. The claim of the petitioner is based on the provisions of Section 26 of the Motor Transport Workers Act, 1961.

(2.) THE learned Court, framed the following issues on the pleadings of the parties:

(3.) THE petitioner has based his claim on the provisions of the Motor Transport Workers Act, 1961. According to him, extra wages for overtime are governed by Section 26 of the Act which inter alia provides that where an adult motor transport worker works for more than eight hours in any day in any case referred to in the first proviso to Section 13 or where he is required to work on any day of rest under sub-section (2) of Section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of the overtime work or the work done on the day of rest, as the case may be.