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  • Section 33-C(2) of the Industrial Disputes Act, 1947 (for short, the Act)
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  • Section 33-C(2) of the Industrial Disputes Act, 1947 (for short, the Act)

    Food Corporation Of India Petitioner v. Kashmira Singh And Another S

    Rajesh Bindal, J.

    This order will dispose of the aforesaid four writ petition.

    Challenge in the writ petitions is to the order passed by the Central Government Industrial Tribunal-cum-Labour Court-I, Chandigarh (for short, the Tribunal) whereby the applications filed by the respondents-workmen under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short, the Act) were allowed on 3.2.2009 and the petitioner-Corporation was directed to pay overtime allowance to the respondents-workmen for the period prior to 15.3.1996 in the manner and the practice prevailing in the Corporation before implementation of circular dated 15.3.1996 and for the period subsequent thereto, after getting ex-post facto sanction from Senior Regional Manager or the competent authority in terms of the aforesaid circular, in case required.

    The grievance of the petitioner-Corporation is that there is a cap provided for payment of overtime allowance to the employees working in the Corporation. The Tribunal while passing the award has directed to pay the entire amount claimed by the workmen as overtime allowance, which is not in conformity with the rules/policies of the Corporation, in terms of which the overtime allowance is being paid to other employees of the Corporation.

    Learned counsel for the respondents-workmen very fairly submitted that the respondents-workmen herein be also paid overtime allowance in terms of the rules/policies of the Corporation, as is being paid to other employees of the Corporation.

    With the aforesaid clarification in the order passed by the Tribunal, the writ petitions are disposed of.

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    Food Corporation Of India Petitioner v. Kashmira Singh And Another S
    (Jul 19, 2012)