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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Mukesh Khatik, S/o. Shri Late Sohanlal Khatik – Appellant
Versus
General Director, Central Industrial Security Force Mukhyalay Block No. 13, C.G.O. Complex Lodhiroad New Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner seeks leave and compensation for overtime. (Para 1 , 2) |
| 2. arguments on employee rights to weekly off. (Para 3 , 4) |
| 3. analysis of statutory rights to rest and overtime regulations. (Para 5 , 6 , 7 , 8 , 9) |
| 4. court directs compliance for weekly rest and compensation. (Para 10) |
| 5. writ petition allowed with directives. (Para 11) |
Order :
AMITENDRA KISHORE PRASAD, J.
1. This petition has been filed by the petitioner seeking for the following relief(s):-
2. The petitioner, an employee of the Central Industrial Security Force (CISF) bearing No. 110201872, holding the rank of Sub-Inspector (Executive), has approached this Court seeking appropriate directions for grant of weekly leave and compensation/monetary benefits for the period during which he was compelled to work continuously without availing his weekly offs.
3. Learned counsel for the petitioner submits that despite continuous service, the petitioner has not been granted any weekly leave, and has been compelled to perform duties throughout the week without rest. It is contended that under the applicable service rules and labour welfare principles, every employee is entitled to a weekly off, and in cases wher
A statutory right to weekly rest is fundamental; failure to provide it warrants compensatory relief under labor welfare principles.
Employees are entitled to regular weekly offs as per the applicable circular, and should not have to take leave unnecessarily due to lack of compliance.
A railway employee is entitled to overtime only if actual hours worked exceed legal limits defined by statutory rules.
The main legal point established in the judgment is the entitlement of daily wagers to pensionary benefits by counting the entire period of service as continuous under Section 25B of the Industrial D....
Discrimination in working conditions between similarly situated employees violates Article 14 of the Constitution, and claims regarding continuing wrongs can be raised despite delays.
Section 33C(2) of the Industrial Disputes Act, 1947, permits recovery of money only if the entitlement is pre-existing and previously adjudicated; employees must demonstrate a pre-existing right and....
The main legal point established is that 'round-the-clock shift workers' are entitled to the benefit under Section 5(2)(b) of the Act, even if the declared holiday falls on another holiday.
The main legal point established in the judgment is that a daily wager is entitled to pensionary benefits by counting the entire period of service from the date of entry until retirement, as per the ....
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