Judgment

MUKHERJEA, J.:- This appeal by special leave from an Award dated 31 January 1968 of the Second Industrial Tribunal, West Bengal, relates essentially to the manner of calculation of overtime wages for non-factory personnel (including the members of the clerical staff) of the Calcutta Electric Supply Corporation Ltd. (hereinafter referred to as the Company). The question that was referred to the Tribunal for adjudication was framed by the Government of West Bengal in its order of reference in the following manner :

"How wages for non-factory personnel (including the members of the clerical staff) should be calculated and the date from which overtime wages for such personnel should be thus calculated ?"

2. The Tribunal in its Award directed that the overtime rate for non-factory personnel should in no case be less than the time-rate. The Tribunal further directed that no employee should get overtime at more than the time-rate until he has completed 48 hours a week but that as soon as he exceeds 48 hours, the overtime rate should be 1 1/2 times the time-rate. This rate of overtime wages in favour of the non-factory personnel was directed to be given effect to from 4 February 1967