Order

The respondents, who are Moharrirs/peons working with the appellant Municipal Council, Hatta, filed an application under Section 22 of the Minimum Wages Act, 1948, before the Competent Authority (Labour Court) under the Minimum Wages Act, 1948 for payment of overtime on the ground that they were working for 4 additional hours everyday. Their application for the period 1.2.82 to 31.3.83 has been allowed and the Writ Petition which was filed by the appellant before the High Court has been dismissed.

2. The respondents who are employees of the appellant-Municipal Council are governed by the provisions of Madhya Pradesh Municipali­ties Act, 1961. Under Section 95 of the Madhya Pradesh Municipalities Act, the State Government is entitled, inter alia, to make rules in respect of scale of pay and all allowances by whatever name called and other service conditions of Municipal Employees. Pursuant to the power so vested, the Madhya Pradesh Municipal Services (Scales of Pay and Allowances) Rules, 1967, have been framed. The pay scale of Moharrirs is fixed at Rs. 70-2-80-2 1/2-100-EB-4-120. There is no provision under these Rules for payment of any overtime allowance.

3. The respondents co