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1995 Supreme(All) 1017

S.R.SINGH
ELGIN MILLS CO. LTD. – Appellant
Versus
ADD. REGIONAL COMMISSIONER – Respondent


Advocates Appeared:
RAKESH TEWARI


S. R. SINGH, J.

( 1 ) RECOVERY certificate dated April 30, 1994 issued by the Additional Labour Commissioner. U. P. Kanpur Region, Kanpur in the purported exercise of power under Section 3 of the U. P. Industrial Peace (Timely Payments of Wages) Act, 1978 (in Short the Act) is sought to be quashed by means of this writ petition filed at the instance of the concerned Industrial establishment

( 2 ) THE impugned recovery certificate has been issued on an application under Section 3 of the act read with rule 22 of the U. P. Factory Welfare Officers Rules, 1955 ( in short the Rules)moved on behalf of the workmen of the concerned Industrial Establishment through Ram Das shukla, President of Elgin Mill No. 2, Rashtriya Shramik Sangh, 2, Navin Market, Kanpur for realisation of a sum of Rs. 7,24,619. 56 as over time due to the workmen and Rs. 2,44,236. 11 due to the welfare officers; arrayed herein as respondents No. 3 and 4. It was alleged in the application that all the workmen of Eiign Mill No. 2 had worked overtime from time to time during January 1, 1980 and December 31, 1980 and thereby earned over time wages at the rate of 200% i. e. at double rate for the period they had worked overt
















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