- (1.) THE moot question involved in this appeal is whether Food Corporation of India (hereinafter referred as FCI) was entitled to refuse one and half time wages to any of its employees for overtime on the plea that they fell short in discharging forty two hours duty in that particular week.
(2.) THERE had been contract workers working at different stores and godowns of FCI throughout the State as also neighbouring State. Those workers were working under the contractors. They were constantly demanding for being taken in regular pay roll of FCI. The workers were subsequently absorbed by FCI recognizing them as semipermanent worker as would appear from the records disclosed in the said proceedings. The FCI Workers' Union entered into bipartite agreement with the management of FCI on February 15, 1972 appearing at pages 41-42 of the paper book. Clause 19 dealt with an issue of payment of overtime allowance. It was agreed that the workers would be paid overtime in accordance: with the provisions of West Bengal Shops and establishment Act, 1963 (hereinafter referred to as the said Act of 1963) subject to the approval of FCI. As per the said Act of 1963 the said workers were obliged to work six days a; week having Sunday as Holiday. However, the loaders were sometime asked to work on sundays and/or other holidays to expedite loading and unloading.
(3.) DISPUTE cropped up as to what would be' the appropriate wages for those work discharged by the concerned labourers during holidays and/or Sundays. As per the provisions of the said Act of 1963 they were entitled to get one and half times (subsequently amended as' twice) the wages. The dispute cropped up when fci started denying one and half time wages for overtime to some of the labourers who did not discharge their duty for at least forty two hours which they were supposed to discharge in a week.;