- (1.) In this application, the petitioner has prayed for quashing the order as contained in Memo No. 40 dated 08.02.2006 issued by the Respondent No. 4 whereby and whereunder, it has been held that the petitioner is not entitled for payment of overtime work rendered by him beyond 150 hours in a year in view of the provisions contained in Factories Act 1948 as well as for a declaration that the Office Order No. 451 dated 19.01.1995 of Bihar State Electricity Board and Letter No. 28 dated 26.02.2002 of Jharkhand State Electricity Board as has been mentioned in Memo No. 437 dated 02.07.2005 is not in consonance with the provisions of the Factories Act 1948.
(2.) It has further been prayed for a direction upon the respondent to immediately and forthwith release the amount pertaining to overtime work rendered by the petitioner along with interest thereupon.
(3.) The petitioner was appointed to the post of Line Patrol Man on 10.06.1964 and thereafter he was promoted to the post of Assistant Operator. The petitioner retired as Assistant Controller on 31.01.1999 from Goelkera Grid Sub Section of Transmission Circle, Ranchi. The petitioner was engaged in overtime work in Goelkera Grid Sub Section and accordingly the petitioner had submitted bills pertaining to overtime work rendered by him for the period commencing March, 1994 till the date of his superannuation. A writ application was preferred by the petitioner since the bills submitted by the petitioner were not being considered by the concerned authorities and the said writ petition being C.W.J.C. No. 2965 of 2000(R) was disposed of on 10.01.2001 directing the Electrical Executive Engineer to decide the representation, if any filed by the petitioner relating to payment of overtime amount. Since the order dated 10.01.2001 passed in C.W.J.C. No. 2965 of 2000(R) was not complied with the petitioner was constrained to file a contempt application being M.J.C. No. 295 of 2000(R ) and during the pendency of the contempt application the petitioner was paid a sum of Rs. 2,94,647.76/- vide Cheque No. 651993 dated 13.04.2002. The contempt proceeding was accordingly dropped. However, since the amount claimed by him was not paid to the petitioner, the petitioner again moved this Court in W.P.(S) No. 3451 of 2002 claiming for payment of overtime bills alongwith interest for the various period indicated therein and the said writ petition being W.P.(S) No. 3451 of 2002 was disposed on 20.02.2003. The petitioner was given liberty to file representation before the Electrical Executive Engineer who was directed to consider and dispose of the same within a period of six weeks. Due to non-compliance of the order dated 20.02.2003 passed in W.P. (S) No. 3451 of 2002, Contempt Case (Civil) No. 281 of 2003 was preferred by the petitioner but during the pendency of the contempt application the Electrical Executive Engineer, Transmission Division, Chaibasa, (Respondent No. 4) passed an order as contained in Memo No. 437 dated 02.07.2005 by which it was decided that as per the provisions of the Factories Act 1948 and Office Order No. 451 dated 19.01.1995 issued by the Bihar State Electricity Board as also in view of Letter No. 28 dated 26.02.2002 issued by the Jharkhand State Electricity Board no claim can be entertained with respect to overtime allowance beyond 50 hours in a quarter and 150 hours in a year. The refusal by the respondent No. 4 to entertain the claim of the petitioner has resulted in filing of the instant writ application.;