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A. S. SUPEHIA, GITA GOPI
Surat Municipal Corporation – Appellant
Versus
Secretary, Sudhrai Majdoor Union (Lal Vatva) – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. ADMIT. Learned Advocate Mr. P.C. Chaudhary waives service of notice of admission on behalf of the respondents.
2. The present Appeal is directed against the judgment and order dated 01.07.2022 passed by the learned Single Judge in the captioned writ petition filed by the appellant – Surat Municipal Corporation rejecting the writ petition assailing the judgment and order dated 09.11.2017 passed by the Industrial Tribunal, Surat in Reference (IT) No.75 of 2003.
BRIEF FACTS:
3. The respondent–Sudhrai Majdoor Union (Lal Vatva) raised a demand to commence 8-8-8 hour shift in the Fire Brigade Department and to be paid overtime wages for 4 hours by claiming that its members-the employees worked for 12 hours from 14.04.2001. The members of the respondent Union are working in the Fire Brigade Department in the appellant- Corporation on the post of Security Guard, Security Officer, Jamadar, Driver, Fireman etc. The Fire Brigade Department is considered as an emergency department and hence, the employees working in the said Department are duty bound to render their services for 24 hours in different shifts.
4. It is the case of the appellant
Employees of the Fire Brigade Department are not entitled to overtime wages under the Minimum Wages Act, 1948, as they receive higher wages and had opted for shifts with benefits.
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 judgment established the pre-existing right of employees to overtime wages under statutory provisions and recognized the jurisdiction of the Labour Court to adjudicate disputes over such entitlem....
Special Allowance cannot be a part of the component of “ordinary rate of wages”, as it is a separate allowance, which is not given to all workmen, but only given to a certain category of workmen, hav....
Compensatory allowances cannot be excluded from calculating overtime wages under section 59(2) of the Factories Act, as executive directives cannot alter statutory provisions.
The court established that individuals classified as supervisors under the Factories Act are not entitled to overtime benefits as defined for workers, impacting their claims for such allowances.
(1) No benefit can be claimed by anyone de hors statutory rules.(2) Persons employed as Supervisors are not entitled to Double Over Time Allowance in terms of Section 59(1) of the 1948 Act.
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