- (1.) BY this petition under Article 226 of the Constitution the petitioner challenges the order dated, September 12, 1989 passed by the Labour Court, Jaipur, under Section 33-C (2) of the Industrial Disputes Act, 1947 (for short the I. D. Act ).
(2.) THE relevant facts necessary for the present petition are that Respondents No. 2 to 5 herein. who are Office Boys working in the office of the Unit Mahalaxmi Mills, Beawar, moved an application under Section 33-C (2) of the I. D. Act for compulation of their wages for over time claiming a total sum of Rs. 42,048. The Labour Court vide impugned order recorded a finding that the respondent- workmen have worked 1/2 hour in excess to the prescribed normal working hours and as such, they were entitled to get over time wages at double the rates of ordinary wages for 1 excess hours worked by them during June, 1982 to June, 1985, the Labour Court computed Rs. 2,628 as over time wages and the same amount was awarded to each of the workman.
(3.) LEARNED counsel appearing for the petitioner has made two-fold submissions to challenge the said award. The first contention is that the workers were bound to work for 8 hours a day as per the Factories Act and upto that limit of working hours no extra remuneration or over time was payable. The second contention was that the application moved by the workmen under Section 33-C (2) of the I. D. Act was not maintainable as the matter regarding payment of wages for over time could not (sic.) be adjudicated/settled by an award under the I. D. Act or by a settlement between the parties.;