NDLI: Security Printing and Minting Corporation of India Ltd. & Ors. Etc Vs. Vijay D. Kasbe and Ors. Etc

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Government servants u/s.59(1) Factories Act Claim of Over Time Allowance Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India, Industrial Disputes Act, 1947 (14 of 1947) Factories Act, 1948 (63 of 1948)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Government servants – Claim of Over Time Allowance u/s.59(1), Factories Act – Denial of – Held: Appointment either to a civil post or in the civil services of the Union or the State is not an employment governed strictly by a contract of service or solely by labour welfare legislations, but by statute or statutory rules issued u/Article 309 or its proviso – Unlike those employed in factories and industrial establishments, persons in public service who are holders of civil posts or in the civil services of the Union or the State are required to place themselves at the disposal of the Government all the time – In the present case, the claim of the respondents arose at the time when they were Central Government servants – Thus, the respondents who were holders of civil posts or in the civil services of the State at the relevant time, could not have claimed the benefits of the provisions of Chapter VI of the 1948 Act, dehors the service rules – Orders of the Tribunal and the High Court unsustainable – Impugned order of the High Court set aside – Factories Act 1948 – Chapter VI – s.59(1) – Constitution of India – Article 309, 313 – Fundamental Rules and the Supplementary Rules 1922 – r. 11. Factories Act 1948 – Chapter VI – s.64 – Maharashtra Factories Rules, 1963 – r.100 – Held: Admittedly, the State Government is conferred with the power u/s.64(1) to make exempting Rules – In exercise of the power so conferred, the State of Maharashtra framed r.100 wherein the post of Supervisor is included in r.100, as a post exempted from the application of the provisions of Chapter VI of the Act – Also, the chart of duties indicated in the ACRs does not show that the respondents are required to perform manual labour or clerical work as a regular part of their duties – High Court erred in holding that the performance of certain functions, such as setting right malfunctioning of feeder, side-lay, double-sheet detector, photocell, etc., to ensure uninterrupted running of the machinery, are manual functions. Constitution of India – Articles 226/227, 136 – Findings of fact recorded by Tribunal, interference with – Held: Normally, the High Court exercising supervisory jurisdiction u/Art.226/227 and Supreme Court exercising jurisdiction u/Art.136, will not be inclined to interfere with the findings of fact recorded by a Tribunal – However, in the present case, the Central Administrative Tribunal reached diametrically opposite findings of fact, in two different sets of cases filed by employees holding similar supervisory posts, both of which cannot co-exist. Service Law – Persons in the civil services of the Union/State, persons holding civil posts under the Union/State – Service matter dispute including claim for allowances raised before Administrative Tribunal – Duty of the Tribunal – Discussed – Constitution of India – Article 309, proviso to Art. 309 – Administrative Tribunals Act, 1985 – ss. 3(q), 28. Industrial Disputes Act, 1947 – s. 2(s) – Factories Act 1948 – s. 2(l) – Held: Definition of “workman” in s. 2(s) of the 1947 Act specifically excludes persons employed in a supervisory capacity – But, such an exclusion is not there in the definition of the very same word “worker” in s. 2(l) of the 1948 Act. Tribunals/Courts – Adjudicating dispute relating to conditions of service of an employee – Three different categories of employment enumerated – Held: Court/Tribunal should keep in mind the different parameters applicable to the three different categories of employment.
Judge	Hon'ble Mr. Justice V. Ramasubramanian
Neutral Citation	2023 INSC 388
Petitioner	Security Printing And Minting Corporation Of India Ltd. & Ors. Etc
Respondent	Vijay D. Kasbe And Ors. Etc
SCR	[2023] 4 S.C.R. 246
Judgement Date	2023-04-18
Case Number	2911

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