A state government employee is not entitled to claim overtime or other benefits under the Industrial Disputes Act, the Gujarat High court has ruled.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
‘Overtime is not permissible under the law to be paid to the respondent.<\/p>\n
‘The order of the learned Labour Court, Ahmedabad, is therefore quashed and set aside,’ Justice Jhaveri noted in an order made available Saturday.<\/p>\n","protected":false},"excerpt":{"rendered":"
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, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[1],"tags":[811,812],"class_list":["post-6408","post","type-post","status-publish","format-standard","hentry","category-top-law-news","tag-industrial-disputes-act","tag-no-overtime"],"yoast_head":"\n