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2024 Supreme(MP) 173

S. A. DHARMADHIKARI, GAJENDRA SINGH
Chief Executive Officer/Director, Ziqitza Health Care Ltd. – Appellant
Versus
108 Ambulance Karmachari Sangh Madhya Pradesh – Respondent


Advocates:
Karpe Prakhar Mohan for petitioner;
Gajendra Singh Chouhan for respondent No. 1.

ORDER

Dharmadhikari, J. -- 1. With consent of both the parties the matter is heard finally at Motion Stage.

2. The present Petition has been filed by the petitioner under Article 227 of the Constitution of India assailing order dated 23.8.2022, passed by Presiding Officer, Industrial Tribunal, Indore in reference case No.01/ID/2019, whereby claim submitted by Respondent No.1 Union has been accepted and hours of service rendered by Respondent No.1 union in excess of 8 hours has been considered as overtime and Petitioner has been directed to make payment of overtime wages.

3. In brief, facts of the case necessary for adjudication of present petition are being narrated as hereunder :

3.1 Respondent No.1 Union ‘108 Ambulance Karamchari Sangh’ represents its members employed as Driver/Technician with petitioner company Ziquitza Healthcare Limited, a company registered under the Companies Act, 1956, and is providing ambulance services in almost all the districts and cities of the State of Madhya Pradesh under the name of Sanjeevni 108, Janani Express, Medical Mobile Units and Health Helpline 108.

3.2 The Respondent No.1 Union approached labour commissioner, raising a dispute under Industr

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