BHASKAR BHATTACHARYA, J. - (1.) This revisional application under Article 227 of the Constitution of India is at the instance of workmen and is directed against order dated January 8, 1999 passed by the learned Chief Judge, Small Causes Court, Calcutta, the appellate authority under the Payment of Wages Act ("Act") in P.W.A. Appeal No. 4 of 1991 thereby setting aside order dated June 20, 1991 passed by the Authority under Payment of Wages Act in P.W.A. Case No. 56 of 1985.
(2.) The petitioners, who are all workmen under the respondent filed a joint petition before the Authority under Section 15 of the said Act alleging illegal deduction from the wages of the applicants.
(3.) The petitioners claimed that in accordance with Rule 6 of the Certified Standing Orders, their weekly duty hours are restricted to 45 hours and they are entitled to get overtime wages for doing more than 45 hours a week. According to them, as per Rule 7 of the said Standing Order, they should get overtime at the single rate for working between 45 and 48 hours a week and at double rate, for the works beyond 48 hours. The employer however has adopted a different mode of calculation of overtime hours. According to the employer, one day should be equivalent to 8 hours and as such in a month a workman is required to work for 240 hours if the same consists of 30 days. The workmen on the other hand demand that 45 hours, a week should be multiplied by 52 weeks of the year and the product should be divided by 12 for the purpose of arriving at the monthly working hours of 195 hours.;