( 1 ) THE average rate of plucking of tea leaf, which is known as Ticca and remuneration for the same for the tea garden labourers including men, women and children are generally settled and in the instant case the same was really settled in terms of the settlement as disclosed and it appears that ?extra leaf price? in Doars and Tarai Gardens which was initially fixed at 5. 5 Paisa was raised to 7 Paisa per Kg. with effect from 9th June, 1969, in the Tea Gardens at Doars and Tarai.

( 2 ) THE point involve in this case would be, whether payment for such extra plucking of leaf, over and above the Ticca, by a workman and the payment received by him for that, would be overtime or not.

( 3 ) THE petitioner is the owner of a Tea Garden known as Mission Hill Tea Estate within the Police Station Gorubathan in the District of Darjeeling. He has started that the labourers, who pluck tea leaf are known as pluckers and they get fixed rate of wages and dearness allowance as per the rate prevailing. He has stated that Provident Funds are paid accordingly under the Employees' Provident Funds (and Family Pension Funds) Act, 1952 and the schemes framed thereunder. It is also the cas