Temporary employees under the Kalelkar Award are entitled to the same holiday benefits and overtime pay as permanent employees, regardless of the employer's claims to the contrary.

J U D G M E N T

Mehta, J.

1. Heard.

2. The present appeal by special leave is preferred on behalf of the appellants-employer, challenging the impugned judgment dated 15th November, 2014 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in Writ Petition No. 3425 of 2010 (Civil), whereby the High Court dismissed the said writ petition filed by appellants-employer and upheld the judgment and order dated 31st October, 2009 passed by the Industrial Court, Yavatmal, Maharashtra (hereinafter being referred to as ‘Industrial Court’) in Complaint (A.K.P.) No.38/2006. The Industrial Court had allowed the complaint filed by the respondent-employees upholding their claim for entitlement of holidays on 2nd and 4th Saturdays and for payment of salary equal to one and a half times salary for the work done by them on 2nd and 4th Saturdays as per the Kalelkar Award.

3. The facts of the case, in a nutshell, are that the respondent- employees were appointed on the positions of Mailmujar and Mali between 1982 and 1997 under the Executive Engineer, Public Works Department, Pusad, Tq. Pusad, District Yavatmal and the Sub- Divisional Officer, Public Works Department, Pusad, Tq. Pusad, District Yavatmal. For the sake of brevity, the details of the respondent-employees with reference to their date of initial employment, post held, and date of appointment are illustrated in a tabular form below: -

4. On 27th February, 2004, the respondent-employees were placed on the Converted Temporary Establishment in accordance with the Kalelkar Award, which came into effect in the year 1967, determining the service conditions of the workers working in the Public Works Department at various places or districts under different projects. Under the Kalelkar award, the Public Works Department workers or the staff are entitled to get the benefits of public holidays as well as holidays on the 2nd and 4th Saturdays of each month.

5. On 10th January 1974, the Government of Maharashtra, Irrigation and Power Department, Sachivalaya, Bombay, issued a Government Resolution No. PAS-1070/741883-E(2)(2), wherein the benefits of public holidays as well as holidays on the 2nd and 4th Saturdays of each month, were purported to be withdrawn as far as the field staff is concerned. According to the said Resolution, which was purported to be a clarification of the Kalelkar award, the ‘field staff’ was not held entitled to public holidays as well as holidays on the 2nd and 4th Saturdays of each month. The relevant portion of the Resolution is reproduced as under:-

“Resolution

Orders have been issued from time to time in the Government Resolution mentioned below in regard to grant of Gazetted

Holidays and holidays on second and fourth Saturdays to various categories of staff working under the Irrigation and Power Department:-

i) Government Resolution, Irrigation