STATE OF RAJASTHAN Vs. MOHAN SINGH

JUDGEMENT

(1.) The instant writ petition has been filed by the State challenging the order dated May 31, 1999 passed by the Prescribed Authority under the Minimum Wages Act, 1948 (hereinafter called as the Act 1948) allowing the claim of overtime of the respondent-workman.

(2.) The facts and circumstances giving rise to this case are that the respondent was initially appointed as a work-charged employee as Driver under the Rajasthan (P. W.D. (B & R), including Garden, Irrigation, Water Works and Ayurved Subordinate Work Charge Employees Service) Rules, 1964. However after completing ten years of service and considering his past service record, he stood regularised w. e.f. April 1, 1994 and was given the regular pay scale and become subject to Rajasthan Service Rules, 1951 (for short, "the Rules, 1951") in accordance with the provisions of Rule 2 thereof. A claim petition under sub-section (2) of Section 20 of the Act 1948 was filed before respondent No.2-Prescribed Authority claiming overtime on the ground that he had worked over the office hours as a Driver. The petitioner- employer did not dispute the working of the respondent Driver over the office hours but raised the preliminary objection that as the claimant was a regular employee of the Government and the Rules, 1951 were applicable on him the provisions of the Act 1948 were not applicable. The employee could be entitled for other allowance etc. but the claim under sub-section (2) of Section 20 of the Act 1948 was not maintainable. The Prescribed Authority allowed the claim of the employee-Driver directing the employer to pay the overtime. Hence this petition.

(3.) The legal submission made before the Prescribed Authority have been raised again before this Court by Shri Vineet Kothari, learned counsel for the employer-State. Shri Govind Mathur, learned counsel appearing for the respondent-Driver has submitted that as the Department in which the employee was working as a Driver stood notified under Part-I of the Schedule to the Act, the employee is working in Scheduled employment as defined under Section 2(g), hence he was entitled for overtime.