Judgment

Harjit Singh Bedi, J. —

1.Leave granted.

2.Appellant Nos. 1 and 2 were appointed to the respondent mill vide Orders dated 4th April 1977 and 19th February 1979 respectively. Both were promoted to various posts in the course of their service and appellant No.2 was put in charge of the employees canteen in the year 1991 whereas appellant No.1 given the same charge in February 1996. The appellants claimed that as they had put in overtime work for a specific number of hours each day, they were entitled to overtime wages for the said period. They repeatedly made representations to the Labour Welfare Officer and to the employers claiming payment, and though an assurance was held out to them that as a similar claim by another employee, one Jayavelu, was pending before the Labour Court, the decision in that case would also be made applicable to their case. It appears that the Labour Court, in the meanwhile, rendered its decision in favour of Jayavelu and he was Ordered to be paid his overtime wages which were in fact defrayed. Frustrated in their efforts to get the benefits given to Jayavelu, the appellants filed an application under section 33 C(2) of the Industrial Disputes Act, 19