Skip to main content

Employees have no right to demand overtime work: Bombay HC

Nagpur bench of Bombay High Court has ruled that employees have no right to demand overtime work. "The employees have no right to overtime work, which is necessitated by exigencies. Merely because for length of time of whatever duration the shifts were so arranged as to include overtime work, that would not confer on a workman the right to overtime work," Justice Ravi Deshpande ruled while quashing an order of Nagpur Industrial Court.

"The employer has a right to withdraw the overtime work even unilaterally and such action on his part does not amount to change requiring a notice under Bombay Industrial Relations (BIR) Act," the court added.

Five permanent employees of MIDC Hingna-based Neco Schubert and Salzer Limited had lodged a complaint with Industrial Court under Maharashtra Recognition of Trade Unions (MRTU) and Prevention of Unfair Labour Practices (PULP) Act, 1971, along with and BIR Act, on the ground that the employer was engaged in unfair labour practice by recruiting new manpower and not granting overtime work and wages to existing employees.

While allowing the complaint, Industrial Court restrained the company from recruiting, continuing or engaging new employees to get overtime work done. Further directing the employer to get the work done by permanent employees, the court ruled they had legal right to get the overtime work and consequently the wages. It was also held that the employment of the new recruits on temporary basis for getting the extra work done amounted to change in the service conditions. Hence, a notice of change under BIR Act was required to be given to employees.

This court also ruled that the Industrial Disputes Act's provisions were attracted in this case and it became incumbent on employer's part to seek court's permission to make such a change during pendency of the dispute. The petitioner challenged this order in the high court through counsel Vikram Marpakwar. Justice Deshpande observed there was neither any settlement, agreement or award brought on record by the employees to establish that the employer was prohibited from recruiting new manpower or had undertaken to provide overtime industrial court work to permanent employees in case of increase in work.

"The industrial court committed an error in holding there was a breach of settlement violative of MRTU and PULP Act. Even provisions of the Industrial Disputes Act were not attracted, requiring permission of the court. Thus, its judgment can't be sustained," the judge stated before allowing Neco's petition.

Article referred: http://timesofindia.indiatimes.com/city/nagpur/Overtime-work-wage-are-not-a-right-HC/articleshow/29225351.cms

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...
4 comments
Read more

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...
5 comments
Read more