PRAKASH TATIA, J - (1.) Heard learned counsel for the parties. By this writ petition the petitioner has challenged the order dated 20/09/1993, copy of which is placed on record as Annexure 6 by which the Labour Court allowed the application under Section 33-C (2) of the Industrial Disputes Act, 1947 (for short 'the I.D. Act') filed by the non-petitioner No. 1 claiming over-time wages from 1/01/197 1/12/1980 amounting to Rs. 51,444/-.
(2.) The brief facts of the case are that the non-petitioner employee agitated his claim for overtime by filing application under the provisions of Minimum Wages Act, 1948 and ultimately rights were determined when the Writ Petition No. 934/1982 was filed by the petitioner against the order of the authority under the Minimum Wages Act dated August 21, 1981. This Court while deciding Writ Petition No. 934/198 2/03/1983 held as under: "It is directed that, (i) the Fire Brigade Employees are entitled to overtime wages and the authority has jurisdiction to determine the overtime wages at the overtime rates and that the hard duty allowance which is said to have been paid in pursuance of the Notification Annexure-3 dated 2/12/1972 cannot be said to be the payment of the overtime wages under the Act; (ii) that the determination of the amount relating to overtime wages compensation etc. cannot be sustained for, no enquiry in accordance with Section 20(3) of the Act was held. The Authority should determine the amount for the overtime wages in respect of the days on which non-petitioner No. 1 has worked overtime for four hours falling within the period of six months preceding the date of the presentation of the claims. The result is that the writ petition is allowed to the extent indicated above. The order Annexure-4 dated 21/08/1981 of the Authority in regard to the determination of the quantified amount is quashed and set aside. The Authority shall hold enquiry and make a fresh order in regard to the amount payable to non- petitioner No. 1 on the claim filed under Section 20 (2) of the Act in accordance with law keeping in view the observations made hereinabove. In the circumstances of the case, the parties are left to bear their own costs of the writ petition."
(3.) It is an admitted fact that after the decision of this Court dated 15/03/1982, the amount was determined by the authority concerned and amount was paid to the non-petitioner but this amount was for the period starting prior to six months of filing of the claim petition by the employee before the authority under the Minimum Wages Act. These facts are not in dispute by both the 5 parties.;