In a point of interest choice on September 19, 2024, the Preeminent Court of India expelled the request recorded by the Open Works Division (PWD) against the judgment of the Bombay Tall Court, Nagpur Seat, in favor of the respondent-employees. The case rotated around the Kalelkar Grant and whether transitory workers of the Open Works Division were entitled to the same occasion benefits as lasting representatives, counting occasions on the 2nd and 4th Saturdays of each month.
Case Overview:
Appellants: The Secretary, Public Works Department & Ors.
Respondents: Tukaram Pandurang Saraf & Ors.
The employees, who were working in various roles like mail attendants and sweepers, sought enforcement of their entitlements under the Kalelkar Award. This included public holidays and additional pay for working on 2nd and 4th Saturdays, benefits that were being denied to them despite multiple representations.
Lower Court Rulings
After finding in favor of the workers, the Yavatmal Industrial Court ordered the Public Works Department to pay benefits in accordance with the Kalelkar Award. The Industrial Court's verdict was affirmed by the High Court, despite the department's protest to this decision. The department took the case to the Supreme Court because they were not satisfied.
Key Points of the Judgment:
Kalelkar Grant Privileges:
The Preeminent Court reaffirmed that the Kalelkar Grant connected to all categories of workers but day by day wage specialists, guaranteeing they gotten the same open occasions and paid take off benefits as customary representatives. The court famous that the respondents had been changed over to a Transitory Foundation in 2004, making them qualified for these benefits.
Government Circular Distortion:
The appellants depended on a government circular from 1996, which they contended avoided the respondents from these benefits. In any case, the court found that the circular connected as it were to certain cases and did not influence the Kalelkar Grant, which expressly allowed these benefits.
Out of line Labor Hones:
The court emphasized that denying workers their entitled occasions and pay for working on those days constituted an out of line labor hone, reaffirming the Mechanical Court's discoveries.
Conclusion
The Supreme Court's denial of the appeal has upheld the temporary workers' entitlement to benefits under the Kalelkar Award at the Public Works Department. The department has been given eight weeks to abide by the Industrial Court's decision so that the workers can get the paid time off and overtime they are due.
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TAGS: Supreme Court Kalelkar Award Public Works Department temporary employees holidays
