- (1.) M. Katju, J. This writ petition has been filed against the impugned award of the Labour Court, Kanpur, dated 28-2- 1981 Annexure 10 to the writ petition.
(2.) I have heard learned counsels for the parties. The petitioner is a company registered under the Indian Companies Act. The present dispute relates to the petitioners factory at Saharanpur. In para graph 5 of the writ petition it is alleged that apart from the workman working in the company at Saharanpur, there are workers on the establishment side which is known as the commercial Department. The working hours of these workers of the Commercial Department are from 8 AM. to 12 noon and from 1 P. M. to 5 P. M. from Monday to Satur day. Notice was given accordingly under the Factories Act by the petitioner vide An nexure 1 to the petition. In paragraph 6 of the petition it is alleged that although the working hours in the commercial depart ment were from 8 A. M. to 12 noon and 1 AM. to 5 P. M. from Monday to Saturday but in view of the nature of the load of work in the department, the workers were generally allowed to leave the office around 4 P. M. from Monday to Friday and on Saturday they were permitted to leave at noon as normally the work used to finish by that time. However, if a particular worker could not finish his work he had to attend the office till 5 P. M. and if he finished the work he was allowed to leave before 5 P. M. How ever, if the workers had worked beyond 5 P. M. they were paid wages for overtime. In this connection the petitioner also entered into a settlement with the Cigarette Workers Union on 26-12-1967 which was duly registered. The respondents 4 to 17 who were employed in the commercial Department and represented by the Tbbacco Friends Union raised a dispute claiming overtime wages for working from 4 P. M. to 5 P. M. from Monday to Friday and 1 P. M. to 5 P. M. on Saturday. This dispute was referred to the Labour Court and the Labour Court decided in favour of the respondents. Hence this petition.
(3.) SRI Yashwant Varma, learned coun sel for the petitioner invited my attention to Section 61 (1) of the Factories Act which says: "there shall be displayed and correctly maintained in every factory in accordance with the provisions of sub-Section (2) of Section 108, a notice of periods of work for adults, showing clear ly for every day the periods during which adult workers may be required to work. " Under this provision the employer had displayed the notice of period of work. True copy of this notice dated 1-11-1965 is Annexure 1 to thewritpetition. A perusal of the said notice in Form-11 shows that period of work from Monday to Saturday is from 8 AM. to 12 noon in the morning and from 1 P. M. to 5 P. M. in the afternoon.;