Decided on April 07,1983

DIP CHAND Appellant


G.C.Jain, J. - (1.)This writ petition, under Article 226 of the Constitution of India, is directed against the order of the Labour Court Delhi dated November 20,1970.
(2.)Deep Chand, Petitioner, is admittedly in the employment of Municipal Corporation of Delhi, respondent No. 2, as a Chowkidar. In the year 1969, he filed an application under section 33-C(2) of the Industrial Disputes Act, 1947 for computation of certain benefits. He claimed a sum of Rs.71,929.00 -Rs. 800.00 towards arrears of pay, Rs. 129.00 on account of washing allowance, Rs. 1,000'- cost of liveries and Rs. 70,000- overtime allowance for the period January 1,1954 to February 27, 1969. The claim for overtime allowance, which only is subject matter of dispute in this petition was based on the averments that his normal duty hours were eight hours per day or forty-eight hours per week and he was entitled to weekly rests and eighteen Gazetted holidays per year. He, however, had been performing duty for twenty-four hours a day and had not been allowed any weekly rests or Gazetted holidays and had not been paid any overtime. He had not even been allowed any residential accommodation. These averments were denied by the respondents-corporation. It was also pleaded that the category of'Chowkidar had been declared intermittent by the appropriate Government and the petitioner therefore was not entitled to any overtime wages.
(3.)The Labour Court vide its impugned order held that the petitioner was entitled to Rs. 93.00 towards washing allowance besides costs of certain articles of liveries mentioned in the order and their stiching charges. The claim for arrears of pay and overtime allowance was negatived, Overtime allowance was not allowed on the ground that in exercise of the powers conferred by sub-section (3) of section 13 of the Minimum Wages Act, 1948 (for short 'the Act') the Delhi Administration, by means of notifications dated November 24, 1960 and June 1966 had declared Chowkidars employed by any local authority in the Union Territory of Delhi as employment was essentially intermittent for the purposes of clause (c) of sub-section 13 of the Act and, therefore, the petitioner who was admittedly a Chowkidar was not entitled to overtime wages.

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