MUNICIPAL COUNCIL UDAIPUR Vs. NAND KISHORE

JUDGEMENT

(1.) Heard learned counsel for the parties. By this writ petition the petitioner has challenged the order dated 20/09/1993, copy of which is placed on record as Annexure 6 by which the Labour Court allowed the application under Section 33-C (2) of the Industrial Disputes Act, 1947 (for short 'the I.D. Act') filed by the non-petitioner No. 1 claiming over-time wages from 1/01/197 1/12/1980 amounting to Rs. 51,444/-.

(2.) The brief facts of the case are that the non-petitioner employee agitated his claim for overtime by filing application under the provisions of Minimum Wages Act, 1948 and ultimately rights were determined when the Writ Petition No. 934/1982 was filed by the petitioner against the order of the authority under the Minimum Wages Act dated August 21, 1981. This Court while deciding Writ Petition No. 934/198 2/03/1983 held as under:

(3.) It is an admitted fact that after the decision of this Court dated 15/03/1982, the amount was determined by the authority concerned and amount was paid to the non-petitioner but this amount was for the period starting prior to six months of filing of the claim petition by the employee before the authority under the Minimum Wages Act. These facts are not in dispute by both the 5 parties.