Back
2024 Supreme(Online)(SC) 9820
SUPREME COURT OF INDIA
SECRETARY PUBLIC WORKS DEPARTMENT . – Appellant
Versus
TUKARAM PANDURANG SARAF . – Respondent
C.A. No.-001689-001689 - 2016
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.
Headnote:(A) Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act, 1971 - Section 28 - Kalelkar Award - Entitlement of employees to holidays on 2nd and 4th Saturdays and overtime pay for work done on these days - The Industrial Court upheld the employees' claims, confirming their rights under the Kalelkar Award, which mandates such benefits for employees in the Converted Temporary Establishment. The High Court dismissed the employer's writ petition, affirming the Industrial Court's decision. (Paras 8, 20, 22, 24)
(B) Employment Law - Rights of Temporary Employees - The court ruled that temporary employees under the Kalelkar Award are entitled to the same holiday benefits as permanent employees, rejecting the employer's argument that their temporary status disqualified them from these benefits. (Paras 10, 21, 23)
Facts of the case:
The respondent-employees, appointed between 1976 and 1997, claimed entitlement to holidays on 2nd and 4th Saturdays and overtime pay as per the Kalelkar Award. The employer denied these claims based on a 1996 Government Circular. The Industrial Court ruled in favor of the employees, which was upheld by the High Court. (Paras 2, 7, 8)
Findings of Court:
The Industrial Court found that the respondent-employees were entitled to holidays and overtime pay under the Kalelkar Award, and the High Court affirmed this decision, dismissing the employer's appeal. (Paras 8, 24)
Issues: Whether the respondent-employees are entitled to holidays on 2nd and 4th Saturdays and overtime pay under the Kalelkar Award despite being temporary employees. (Paras 19, 20)
Ratio Decidendi: The court held that the provisions of the Kalelkar Award apply to all employees except daily-wage workers, and the employer's reliance on the 1996 Circular to deny benefits was misplaced. (Paras 22, 23)
Result: Appeal dismissed.
Act Referred
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: -
| Name of the Respondent/ Employee | Date of the Initial Employment | Post Held | Work on the temporary establishment | Date of Appoin- tment |
| Shri Tukaram P. Saraf | 1st November 1984 | Mailmujar | Phone Attendant | 1st November 1989 |
| Shri Subhash | 13rd April 1988 | Mailmujar | Room | 1st April |
| T. Waghmare | Attendant | 1993 | ||
| Shri Mahadeo R. Jadhao | 1st October 1986 | Mailmujar | Phone Attendant | 1st January 1991 |
| Shri Kabirdas S. Kamble | 1st June 1976 | Mailmujar | Khan Sama | 1st June 1981 |
| Shri Anil S. Chavhan | 1st January 1986 | Mailmujar | Room Attendant | 1st January 1997 |
| Mehboob Khan Baba Khan | 1st April 1981 | Mailmujar | Room Attendant | 1st April 1986 |
| Shri Ashok V. Alane | 15th April 1988 | Mailmujar | Room Attendant | 1st April 1993 |
| Shaikh Nisar Sk. Mahboob | 1st January 1986 | Mailmujar | Room Attendant | 15th January 1991 |
| Shri Laxman J. Gabhane | 1st August 1974 | Mali | Mali | 18th May 1982 |
| Shri Chhagan B. Somwal | 1st January 1986 | Mali | Sweeper | 21st January 1991 |
| Shri Sanjay S. Reddi | 1st January 1985 | Mali | Room Attendant | 1st January 1990 |
| Shri Ananda Champat Lodhe | 1st September 1977 | Mali | Room Attendant | 2nd April 1982 |
| Shri Himmat Ramkrishna | 1st February 1985 | Mali | Room Attendant | 1st February 1990 |
| Saiyyad Pashu Sy. Isak | 20th January 1984 | Mali | Chowkidar | 20nd January 1989 |
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
