JUDGMENT

1. This Writ Petition is filed under Articles 226 and 227 of the Constitution of India by the Petitioner (for short 'the Corporation' i.e. employer) to challenge the judgement and order dated 10.03.2008 passed by the 3rd Labour Court, Mumbai in Reference (IDA) No. 397/2003. On 20.03.2009 Rule was granted and interim relief in terms of prayer clause (c) was granted and Petitioner Corporation was directed to reinstate the Respondent worker within the period of one month from the said date. Petitioner has been reinstated and working since then.

2. Briefly stated the facts which are relevant for the purpose or adjudication of the present Writ Petition are as follows:-

2.1. Respondent Worker was employed by the Petitioner Corporation as a Caretaker cum Gardener (Mali) on daily wage basis from 06.04.1995. Admittedly he worked for the period from 06.04.1995 to 31.10.1998 with intermittent artificial breaks given by the Corporation to him on at least 13 occasions during the said period. It is Respondent's case that he worked on all Saturdays and Sundays and on public holidays but was not paid wages for those days nor he was paid any overtime wages for working for more than 12 hours d