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Judgment
Petitioner has challenged the award dated 28.10.2015 passed
by the Central Government Industrial Tribunal-cum-Labour Court-1,
Chandigarh (Annexure P-5) by which claim of the petitioner is declined to
the extent that they are not entitled to 1/3rd of their basic pay for working on
48 hours duty in a week on parity with the workmen who are working for 36
hours in a week, whereas workmen who are working for 48 hours in a week
are entitled for 1/3rd of their present basic pay for extra duty wages instead
of 10% of their basic pay and further sought for a direction to the
respondent No. 1 to extend the benefit of 1/3rd of their basic pay for working
48 hours per week.
On the last occasion, petitioner was permitted to produce
necessary material to claim 1/3rd of their basic pay for overtime working
allowance. No material has been placed. Unless and until material is
placed, petitioner has no statutory right to ask for 1/3rd of basic pay for
overtime work instead of 10% which is being paid now. In the absence of
statutory right, petitioner is not entitled to claim 1/3rd of the basic pay for
overtime working.
Accordingly, petition stands dismissed.