ASHOK KUMAR SINGH Vs. BIHAR ELECTRICITY BOARD

JUDGEMENT

(1.) The present appeal arises from order dated 8.3.2013 dismissing C.W.J.C. No. 11027 of 2006 opining that the claim for overtime wages was raising disputed questions of facts. Learned Counsel for the appellant submits that the claim for overtime wages was made on specific pleadings in the writ application mentioning specific dates and duration. The counter affidavit contained no specific denial and raised frivolous objections only. The contention that the overtime wages could not be paid beyond fifty hours for every quarter has already been considered and rejected by this Court in C.W.J.C. Nos. 2827 of 2007 and 2976 of 2007. The order of the Chief Factory Inspector addressed to the Joint Secretary, General Administrative Department of the respondent Board dated 29.2.2008 rejecting the objections of the Board had been brought on record in the rejoinder to the counter affidavit. The Board did not deny it. The medical bills have also been wrongly rejected.

(2.) Counsel for the Board submitted that the learned Single Judge has rightly opined that the claim was raising disputed questions of fact as also contended in the counter affidavit. The medical bills were rejected because they had not been submitted in the prescribed manner.

(3.) We have considered the submissions on behalf of the parties. The writ application specifically alleges in para 6 that the appellant had worked overtime from February to July and September to December in 1999 for a total, of 186 hours. From January to April and in July, October and December in the year 2000 for a total of 160 hours. From February to May and in August, October and December in the year 2001 for a total of 128 hours. From January to March and August, October, November and December in the year 2002 for a total of 128 hours. From February to May and in August, October, November and December in the year 2003 for a total of 112 hours. From January to May and in September, October, November and December in the year 2004 for a total of 128 hours. From January to April in the year 2005 for a total of 40 hours. This was done while he was working on the technical side of generation and transmission. He was transferred to the Transmission Sub-Division, Purnea where he worked overtime in the months of August, October and November in the year 2005 for a total of 72 hours and from January to March and in May 2006 in Purnea Sub-Division for a total of 64 hours. It is his case in the pleadings that this assertion has been made on basis of office records verified by the authorities and directed to be paid. Overtime wages bill was sanctioned and passed for Rs. 1,36,000/- but a sum of Rs. 6,000/- only has been paid for the period from May 2002 to October 2002.