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Claim for overtime wages - The Industrial Disputes Act, 1947

Appellants are body corporate and are taking work of printing currency notes and minting of coins. Respondents were employees of Appellants and posted as Junior Accounts Officer/ Head Accountant/Section Officers. Respondents filed applications under Section 33-C (2) of the Act before Labour Court claiming overtime wages for the work claimed to have been done in discharge of their duties for the period from 1986 to 1990. Labour Court dismissed their applications. Respondents filed writ petition in High Court which was allowed and order of Labour Court was set aside. Aggrieved by the order of High Court, the appellants have filed the present appeal.

The Court examined the issue whether High Court was justified in allowing writ petition of respondents and setting aside the order of Labour Court.

The Court held that the respondents are not in service now. They have either retired or are dead. The amount awarded by Labour Court is not very sizable. Pursuant to the Award, the respective amount has been paid to the employees long back. It related to the work done by employees while on duty. Though submissions related to interpretation of Bombay Shops and Establishment Act and Factories Act, in view of factual position court not inclined to examine legal contentions taken by appellants. Appeal dismissed.

S.C. CLR 2018, Currency Note Press v. Sardesai & Others.

THE INDUSTRIAL DISPUTE ACT, 1947

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