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A state government employee is not entitled to claim overtime or other benefits under the Industrial Disputes Act, the Gujarat High court has ruled.

A single judge bench of the high court opined that a state government employee is governed by the rules of Bombay Civil Services Rules (BCSR) and not by the ID Act, 1947.

Justice K.S. Jhaveri was hearing the case of the state of Gujarat vs Yam Bahadur D. Thapa wherein the state government challenged a labour court’s order which directed the government to pay Thapa Rs.57,600 as overtime under section 33(c) (2) of the Industrial Disputes Act, 1947.

While quashing and setting aside the labour court’s order, Justice Jhaveri observed that the employee was working with a government department which was governed by the BCSR. The petitioner’s department was performing a function which implements policy and is a sovereign function and not an industrial activity, the order surmised.

‘Overtime is not permissible under the law to be paid to the respondent.

‘The order of the learned Labour Court, Ahmedabad, is therefore quashed and set aside,’ Justice Jhaveri noted in an order made available Saturday.


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