R.B. Misra, J. - (1.) By this writ petition, the petitioner has sought a writ of certiorari quashing the order dated 11.2.1991 (Annexure-7 to the writ petition). Heard Sri S.K. Sharma, learned counsel for the petitioner and learned standing counsel for the respondents.
(2.) The brief facts necessary for adjudication of the writ petition are that before creation of the Corporation of U. P. State Road Transport Corporation with effect from 1.6.1972, the transport services in the State of U.P. were being controlled by the erstwhile U. P. Government Roadways, a department of the State Government and the employees working therein were governed by the rules and regulations applicable to the Government servants. The erstwhile U. P. Government Roadways consisted of three major branches for Operational Branch, (b) Maintenance and Construction Branch and (c) Store Branch. The Central Workshop, Kanpur, was started at the creation of the Roadways Organisation in 1948 and its employees were Government servants. In 1965, the certified standing orders were framed in respect of technical staff not holding the supervisory post in the Central Workshop and the rest of the categories were governed by the Government Servants Rules. A Junior Foreman and Senior Foreman were discharging the supervisory and managerial functions as such they were governed by the Government Servants Rules in view of Clause II of the certified standing orders which reads as under : "These standing orders shall apply to all workmen governed by Fundamental Rules and Supplementary Rules, Civil Service, (Classification. Control and Appeal) Rules or any other rules that may be notified by the State Government in this behalf in the official gazette."
(3.) The central workshop was registered by the U. P. Factories Act, 1948 (herein called the 'Act') under Chapter VI of the Act, overtime was allowed under Section 68 (1) of the Act. The State Government had the power of exemption under Section 64 of the 'Act' read with Rule 79 [1) and Rule 80 of U. P. Factories Rules. 1950 (called 'Rules 1950'). The State Government had exempted Junior Foreman, Senior Foreman Gr. I and Gr, II and as such the provisions of Chapter VI of the Factories Act were not applicable to that category and the Junior Foreman and Senior Foreman were not entitled to overtime allowance. Further Rule 79 (1) 'Rule 1950' framed under Section 64 (1) of the Factories Act enumerated the persons in factories, who shall be deemed to hold the position of Supervision or Management or are employed in a confidential position in a factory and the provisions of Chapter VI of the Factories Act which relates to overtime allowance are not applicable to them. The said list Includes Foreman and Assistant Foreman, thus, the Foreman, senior and junior are exempt by law from the provisions relating to the payment of overtime allowance. Furthermore, Junior Foreman and Senior Foreman have been taking benefits of leave under Fundamental Rules, Supplementary Rules and Civil Services (Classification, Control and Appeals) Rules as in the case of other Government servants and they are not granted leave under the certified standing orders.;