1. GOVERNMENT of India in its Ministry of Defence is the owner of an engineering stores depot (machinery), at Kankinara shortly known as ESD (M. The said depot is registered as a factory under the Factories Act, 1948, and the workers in the said factory are civilian workers in defence services and are governed, inter alia, by Military Engineering Services Regulations (hereinafter referred as M. E. S. Regulations. Prior to February 15, 1965 the working hours of the depot was 43 hours excluding rest intervals of 21/2 hours as follows :

Week days Saturdays.

0800 hours to 1600 0730 hours to

houns with break from 1300 hours

1230 hours to 1300 hours.

According to the petitioner, on February 3, 1965, the following notification was issued (Annex 'c' to the petition.

Part i Order

Issued by

Lt. Col. D. S. Khainah Engrs.

O C E. S. D. (M) Kankinara.

Item 7.

11. Working Hours in ESD (M) Kankinara. Reference Part I Order No. 9 dated 29. 1. 65. As directed by E-in-C, Army Head Quarters to work 451/2 hours in a week excluding intervals for rest on account of lunch break the working hours will be observed with effect from 15 February, 1965 by ESD (M) Kankinara including esd (M) Sub Depot Ka