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Gujarat Water Supply And Sewerage Board ... vs Ketanbhai Dinkarray Pandya on 9 May, 2000 cites

Patel Iswaerbhai Prahldbhai Etc. Etc vs Taluka Development Officer & Others on 28 January, 1983

In view of the decision of the Apex Court in case of Paid Ishwarbhai (supra) as also the decision in case of Tubewell Operator Working in the Panchayat (supra), the provisions of the Minimum Wages Act are applicable and attracted and it is held the said Act is applicable to the other Authorities being a Scheduled Employment. Therefore, taking into consideration these facts, the labour Court has jurisdiction to decide the claim of over-time wages of the respondents-workmen while exercising the powers and jurisdiction under Section 33C(2) of the I. D. Act, 1947. The labour Court has also power to decide and determine the incidental question if the employer has disputed the claim of the workman. Therefore, the labour Court has not committed any error while entertaining and examining the claim of over-time wages under the provisions of Section 33C(2) of the I. D. Act. The claim of overtime wages is not a new right which would require adjudication. On the contrary, it is a recognized, existing, contractual and statutory right based on the service conditions which can be claimed under Section 33C(2) of the I. D. Act against the employer.
Supreme Court of India Cites 10 - Cited by 9 - A Varadarajan - Full Document
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