CENTRAL SOIL AND WATER CONSERVATION RESEARCH & TRAINING INSTITUTE, DEHRADUN Vs. STATE OF U P
HIGH COURT OF UTTARAKHAND
Central Soil And Water Conservation Research And Training Institute, Dehradun
STATE OF U P
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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
(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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