Balwant Rai And Others vs State Of Punjab And Others on 10 May, 2013
"In view of the fact that the technical staff of the
Board are governed by regulations framed under Section
79(c) of the 1948 Act the appellants herein do not have any
existing legal right so as to enable them to file an
application under Section 33-C(2) of the Industrial Disputes
Act, 1947. We have noticed hereinabove that even in
Municipal Employees Union's case (supra), this Court
opined that the octroi staff could be entitled to the said
benefit of non-working Saturdays and when required to work
RA No.174 of 2003 in
CWP No.13487 of 2002 -8-
on such Saturdays, were entitled to extra wages in lieu
thereof, if they are not governed by any of the rule. In the
case the appellants being governed by statutory rules, they
would not be entitled to file applications under Section 33-
C(2) of the 1947 Act." (Emphasis added)
Therefore, it is quite evident that the question regarding
work done by the petitioners employees as regards their claim for
monetary benefits by way of extra wages for having worked on
Saturdays and Sundays is to be raised and considered by the
Tribunal under the Act in terms of Section 33-C(2) of the Act;
besides, in case the employees are not entitled for the said benefit in
view of statutory rules and regulations of bye laws of the Municipal
Committees, it would be open to the Municipal Committees to raise
the same before the Tribunal. Moreover, the claim of the workman
for extra wages for working on Saturdays and Sundays is not limited
only to the octroi staff but is applicable to all workman of the Nagar
Council.