- (1.) The respondents, who are Moharrirs/peons working with the appellant-Municipal Council, Hatta, filed an application under section 22 of the Minimum Wages Act, 1948, before the Competent Authority (Labour Court) under the Minimum Wages Act, 1948 for payment of overtime on the ground that they were working for 4 additional hours everyday. Their application for the period 1-2-82 to 31-3-83 has been allowed and the writ petition which was filed by the appellant before the High Court has been dismissed.
(2.) The respondents who are employees of the appellant-Municipal Council are governed by the provisions of Madhya Pradesh Municipalities Act, 1961. Under Section 95 of the Madhya Pradesh Municipalities Act, the State Government is entitled, inter alia, to make rules in respect of scale of pay and all allowances by whatever name called and other service conditions of Municipal Employees. Pursuant to the power so vested, the Madhya Pradesh Municipal Services (Scales of Pay and Allowances) Rules, 1967, have been framed. The pay scale of Moharrirs is fixed at Rs. 70-2-80-2 1/2-100-EB-4-120. There is no provision under these Rules for payment of any overtime allowance.
(3.) The respondents contended that they would be entitled to overtime under the Minimum Wages Act, 1948 by virtue of Section 14 of the said Act. According to them, service with Local Authority is one of the employments covered by the Minimum Wages Act, 1948. Now, the minimum wages which are prescribed under the Minimum Wages Act, 1948 which would be applicable to the respondents are Rs. 50/- per month. Admittedly, the respondents are getting wages above the minimum wages prescribed under the Minimum Wages Act, 1948. The short question is whether Section 14 of the Minimum Wages Act, 1948 would apply to such persons. Section 14(1) which is relevant for the present purposes is as follows: Section 14: "Overtime - (1) Where an employee, whose minimum rate of wages is fixed under this Act by the hour, by the day or by such a longer wage period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher." ;