- (1.) Heard both sides in detail.
(2.) The Letters Patent Appeal was filed by the management of Indian Iron and Steel Company Limited challenging the order of the learned single Judge dated May 12, 2003 passed in CWJC No. 2464 of 1993 (R) holding that non-payment of certain amounts claimed by way of overtime to the workmen should be treated as contempt of Court and directing the management to see it that it was paid. The Letters Patent Appeal was admitted and in the circumstances as we felt that it would be appropriate to call up the writ petition, CWJC No. 2464 of 1993 (R) also for being finally heard and disposed of along with the appeal, the writ petition was also called up and it has also come up for hearing along with the appeal. The management resisted the prayers in the writ petition CWJC No. 2464 of 1993 (R).
(3.) It is seen that an application was filed by the workmen under Section 33-C(2) of the Industrial Disputes Act (hereinafter referred to as "the Act") before the Central Government, Labour Court No. II, Dhanbad in making a claim for amounts based on a tripartite agreement for overtime allowance agreed to be paid to them. The management resisted that application contending that no overtime was payable to the workmen concerned. The Labour Court by Annexure 2 award allowed the claim of the workmen and directed the management to pay the amounts as per chart appended to that order. The management challenged that order in a writ petition. CWJC No. 924 of 1993 (R). A Division Bench of this Court held that the management was under obligation to pay the overtime as per the tripartite agreement. It noticed that a question of arithmetical calculation was involved to arrive at the amounts that may be payable by the management. The Division Bench, therefore, concluded the judgment with the following words: "We leave it open to the management to calculate the exact amounts payable to each and every workman concerned on the basis of the attendance registers and other allied registers maintained by the management, which would be the basis for payment in terms of the tripartite agreement. The management while making the payments shall also give an account of calculations to each of the concerned workmen. The order of the Labour Court is modified to that extent.";