The workers case is that for the work done on Sundays during this period they were entitled to three time.
This claim was also rejected by the Tribunal which however held that the Morphias were entitled to double their wages inclusive of all allowances and so directed that they shall be paid for work done by them on weekly rest days from 15th March, 1951 to October 1953 the difference between double their wages inclusive of all allowances and that they have been paid.
Ordinary rate inclusive of all allowances, for all work done on Sundays Morphias were paid one and a half time the numbermal rates of wages.
With regard to the period March 15, 1951 to October, 1953 it appears the workmen except morphias were paid at twice J the.
Appeal by special leave from the Award dated February 28, 1958, of the Central Government Industrial Tribunal Calcutta, in reference No.
These three categories came into existence under the scheme adopted by the Bombay Port Trust in April 1948 for direct employment of shore workers in place of the system previously in force under which such labourers used to be supplied by companytractors known as Toliwallas.
The matters in dispute were specified thus in the letter of reference to the Tribunal Arrears due to the shore workers belonging to the A category, B category and casual category in respect of weekly off with pay for the period 15th March, 1951 to 2nd March, 1956 work on weekly off days during the period 15th March, 1951 to 2nd March, 1956, without a companypensatory day off in lieu and average daily wages for the weekly off days after the introduction of the piece rate scheme with effect from 3rd March, 1956, when the average fluctuated from week to week.
the ordinary rate.
T. Desai, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Tribunal accepted these companytentions raised on behalf of the employer and held that there were numberarrears of wages in respect of Sundays for which numberwork was done.
The Judgment of the Court was delivered by DAS GUPTA, J. This appeal by special leave is against an award of the Central Government Industrial Tribunal at Calcutta in a dispute referred to that Tribunal by the Central Government under s.10 of the Industrial Disputes Act between the workmen of the Bombay Port Trust, who are the appellants before US and the Trustees of the Port of Bombay, the respondents in the appeal.
R. Gokhale, Yeshwant Chitale, Ratna Rao and K. R. Choudhri, for the appellants.
Of 1957.
The respondents case however is that on a proper interpretation of Rules 23 of the Minimum Wages Central Rules, 1960, the workmen were number entitled to payment for Sundays on which numberwork was done by them and further that in any case they have been companystructively paid for the Sundays also inasmuch as the daily wages were fixed at I/26th of the monthly wage.
529/1959.
the 15th March, 1951 to 2nd March, 1956, numberweekly off was given at all from the 15th March 1951 to October 1953 but workmen were made to work generally for all the 7 days of the week, and further that from October 1953 to 2nd March, 1956, Sunday was given as the weekly off and numberwork was taken on that day.
It became clear at the hearing before the Tribunal that of the period mentioned in Item i and Item ii , viz.,
But admittedly numberpayment was made for these Sundays.
October 10.
As regards arrears of wages for Sundays on which numberwork was done the worksmens case is that they were entitled to receive payment for eah such Sunday amounts equal to their average daily wages during the preceding week.
