CENTRAL SOIL AND WATER CONSERVATION RESEARCH & TRAINING INSTITUTE, DEHRADUN Vs. STATE OF U P
LAWS(UTN)-2012-9-83
HIGH COURT OF UTTARAKHAND
Decided on September 12,2012

Central Soil And Water Conservation Research And Training Institute, Dehradun Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) BY means of this petition the petitioner has sought a writ in the nature of certiorari quashing the order dated 14 -10 -1997, passed by respondent No.2, Labour Court, contained in Annexure No.3 to the writ petition.
(2.) BRIEFLY stated the facts of the case giving rise to this writ petition, are that the petitioner is a Research Institute established by Indian Council of Agricultural Research which is a Society registered under the Societies Registration Act. The institute is not engaged in any commercial or business activity, trade or manufacture. The functions of the institute are akin to an institution discharging governmental functions for the benefit of general public, society and the National. It is not producing and distributing services. Hence it is not an Industry. The respondent Nos. 3 to 39 were employed as class -IV in the institution. The respondents 3 to 39 raised an industrial disputes U/S 33 -C(2) of Industrial Disputes Act, 1947, before the Labour Court at Dehradun regarding the difference of the amount for extra work done by them. The disputes was referred to Labour Court. The disputes raised by the respondents was that they should be paid the emolument for over time work done by them for 1 1/2 hours. The working hours of the workmen were 6 1/2 hours, but extra work for 1 1/2 hours was taken from them and they have not been paid for this extra work.
(3.) THE employer/petitioner filed objection before the Labour Court to this effect that extra work was not taken from the workmen and as per order dated 23 -9 -1997 those workmen who had done extra work during the period 18 -2 -88 to 21 -9 -90, they would be compensated by compensatory leave and the workmen did not do extra work after 21.9.90. The learned Labour Court after considering the material on record and hearing the parties passed impugned order dated 14 -10 -1997 and directed the petitioner/workman to make payment to the workmen for extra work taken from them during the period 1991 to 1994, the details of which has been given in the award. Besides this each of the workmen were also awarded cost of Rs. 5 00/ -.;


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