STATE BANK OF INDIA Vs. STATE BANK OF INDIA STAFF

JUDGEMENT

(1.) THERE is an observation of a Division Bench of this Court in Railway Employees'Co-operative Bank v. Labour Court, that it was not the case of the workman that he had worked for more than 48 hours and, therefore, was entitled to overtime wages under S. 31 of the Tamil Nadu Shops and establishments Act, 1947. Another Division Bench of this Court has observed in k. P. V. Sheik Mohammed Rowther & Co. v. K. S. Narayanan,: "so far as the overtime wages are concerned, the learned Judge has found that the workman in W. A. No. 402 of 1960 has worked beyond the normal working hours. That finding appears to be correct. In view of it, he will be entitled to overtime wages". K. N. Mudaliyar, J. , before whom these writ petitions came, felt that there was conflict in the reasoning in these two Division Bench decisions and that the matter must, therefore, go before a Division Bench. That is how the matter has come up before this Bench.

(2.) SELVARAJ Daniel, Parangusam and Damodaran, who are respectively the first respondent in W. P. Nos. 1006 to 1008 of 1971, filed Claim petitions Nos. 19, 21 and 20 of 1964 under S. 33c-2 of the Industrial Disputes act, 1947. The petitioners in those petitions (hereinafter referred to as the workmen) claimed to be employees in the commercial establishment of the petitioner in these petitions (hereinafter referred to as the management) and to be governed by the Tamil Nadu Shops and Establishments Act, 1047. The workmen alleged that the State Government has, by a notification dated 16-1-1961 made under S. 6 of the Tamil Nadu Shops and Establishments Act, exempted the management's branches in this State from the operation of the provisions of that Act except Ss. 31, 41, 43, 50 and 51. Section 31 provides that where any person employed in any establishment is required to work overtime, he shall be entitled, in respect of such overtime work, to wages at twice the ordinary rate of wages. "overtime work" which is not defined in that Act, in the ordinary sense, means work done beyond the normal working hours in force in the establishment either by contract, settlement or award. Under paragraph 10. 46 (1) of the Desai Award, working hours for members other than subordinate staff of the various bank exclusive of the recess period on week days are fixed at 6 1/2 hours a day. That provision is not compulsory, but enables the employer to fix the working hours as not exceeding 6 1/2 hours a day on all week days except Saturday, on which it may not be exceeding 4 hours. Paragraph 10. 46 (14) of that Award provides for the rate of payment for overtime work and says that where payment is required to be made by any enactment at a higher rate, it shall be paid at such higher rate, and sub-cl. (17) of that paragraph states that the directions given in paragraph 10. 46 shall be subject to the provisions made by any enactment applicable to the establishment concerned. The workmen understand that as per the practice prevailing in the management's establishment, since 1-4-1948, any employee working beyond the normal working hours, namely, 6 1/2 hours per day on week days and 4 hours on Saturdays was paid overtime wages at twice the rate of ordinary wages. That was the practice until the Desai Award came into force even after the earlier Sastri Award had stated that overtime wages shall be paid at 1 1/2 times the ordinary rate. But the management is paying over-time wages only at 1/2 times the ordinary rate after the Desai Award was made applicable to the establishment of the management form 1-6-1963, apparently under the impression that the rate of overtime wages prescribed in S. 31 of the Shops and establishments Act would apply only to overtime work done beyond 8 hours per day. The workmen are entitled to wages at twice the ordinary rate even for overtime work done beyond 6 1/2 hours and within 8 hours on week days and beyond 4 hours on Saturdays under paragraph 10. 46 (1), (14) and (17) of the Desai Award read with S. 31 of the Shops and Establishments Act, 1947. The workmen, therefore, filed the petitions under S. 33c (2) of the Industrial Disputes Act for computation of the benefit to which they are entitled, namely, difference between wages at twice and 1 1/2 times the ordinary rate of wages for overtime work done by them beyond 6 1/2 hours per day on week days and beyond 4 hours on saturdays from 1-6-1963.

(3.) THE workmen (P) alleged in their claim petitions that the management (P) is a commercial establishment. According to the conditions of service governing the employee normal working hours are 39 hours per week. THE total normal working hours were spread over six days in a week until 28-3-1965 and over 5 days in a week after that date. THE workmen (P) had done overtime work beyond 39 hours per week. THE management (P) has not paid them overtime wages as per the statute. Under S. 31 of the Tamil Nadu Shops and establishments Act, the workmen (P) are entitled to claim twice the ordinary rate of wages for overtime work done on holidays, namely, Saturdays, Sundays and festival holidays, but have been paid only at the normal rate. THEy have furnished the particulars of overtime work in the annexures to the claim petitions and are entitled to have the money value of the benefit computed under S. 33c (2) of the Industrial Disputes Act.