Public Works Department Employees' Rights Upheld: Supreme Court Rules on Holiday and Overtime Pay

The case between The Secretary, Public Works Department & Ors. (appellants) and Tukaram Pandurang Saraf & Ors. (respondents) centered around the entitlement of employees in the Public Works Department (PWD) to holidays on the 2nd and 4th Saturdays of each month and overtime pay for working on these days. The Supreme Court upheld the judgments of the Industrial Court and the Bombay High Court, affirming the employees’ rights under the Kalelkar Award.

Background of the Case

The respondents were employees of the PWD, serving in various capacities such as Mailmujar (phone attendants and room attendants) and Mali (gardeners and sweepers). They were appointed between 1982 and 1997 under different officers within the department in Yavatmal, Maharashtra.

On February 27, 2004, the respondents were placed on the Converted Temporary Establishment under the Kalelkar Award, which governed service conditions for PWD workers. The award entitled them to:

Public holidays, including the 2nd and 4th Saturdays of each month.
Overtime pay at 1.5 times their salary for working on these holidays.

Despite these entitlements, the employer refused to grant them these benefits, citing a government resolution from January 10, 1974, which excluded field staff from public holidays and weekend holidays.

Employees’ Legal Battle

The respondents challenged the denial of their entitlements before the Industrial Court under the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971. They argued that:

The Kalelkar Award explicitly granted them these benefits.
The PWD’s refusal to comply with the award constituted an unfair labor practice.
They were entitled to compensation for past holiday work.

On October 31, 2009, the Industrial Court ruled in favor of the employees, ordering the PWD to:

Recognize their entitlement to public holidays and weekend holidays.
Compensate them for overtime work done on these holidays.
Cease its unfair labor practices.

High Court’s Ruling

The PWD challenged the Industrial Court’s decision before the Bombay High Court, Nagpur Bench. On November 15, 2014, the High Court upheld the ruling, affirming:

That the Kalelkar Award had legal force and must be implemented.
The government resolution relied upon by the PWD did not apply to the respondents.
The employees were rightfully entitled to back wages for work done on holidays.

Supreme Court’s Judgment

The PWD further appealed to the Supreme Court, arguing that:

The employees were not entitled to the same benefits as permanent workers.
The government resolution from 1974 excluded them from the Kalelkar Award.
Some of the respondents worked in guest houses where continuous staffing was required.

1. Recognition of Kalelkar Award Benefits

The Court ruled that the Kalelkar Award was legally binding and that the PWD was obligated to grant the respondents the benefits outlined in it:

“It is thus clear that except the daily-wage employees, all other categories of employees are entitled to get such public holidays as are sanctioned by the Government for these categories of employees.”

2. Rejection of PWD’s Arguments

The Supreme Court dismissed the PWD’s claim that temporary employees were not entitled to these benefits:

“The respondents, having been placed on the Converted Temporary Establishment under the Kalelkar Award, are entitled to all the holiday benefits and other emoluments stipulated under the award.”

3. Invalidity of Government Circular

The Court held that the May 27, 1996 government circular relied upon by the PWD did not override the Kalelkar Award:

“The Circular does not negate the eligibility of the respondent-employees for Government holidays and overtime allowances.”

4. Final Ruling

The Supreme Court dismissed the PWD’s appeal and ordered it to comply with the Industrial Court’s ruling:

“The appellants-employer are directed to comply with the order passed by the Industrial Court, and later affirmed by the High Court, within a period of eight weeks.”

Impact of the Judgment

This ruling reinforces the principle that labor agreements and awards, once issued, must be implemented in full. It establishes that:

Government resolutions cannot override contractual awards like the Kalelkar Award.
Temporary workers on Converted Temporary Establishments are entitled to the same benefits as regular employees.
Employers cannot deny labor rights based on incorrect legal interpretations.

By securing their long-overdue holiday and overtime entitlements, this ruling is a significant victory for PWD employees and strengthens labor rights in India.

Petitioner Name: The Secretary, Public Works Department & Ors..
Respondent Name: Tukaram Pandurang Saraf & Ors..
Judgment By: Justice Sandeep Mehta, Justice R. Mahadevan.
Place Of Incident: Yavatmal, Maharashtra.
Judgment Date: 19-09-2024.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: the-secretary,-publi-vs-tukaram-pandurang-sa-supreme-court-of-india-judgment-dated-19-09-2024.pdf

Directly Download Judgment: Directly download this Judgment

See all petitions in Employment Disputes
See all petitions in Public Sector Employees
See all petitions in Judgment by Sandeep Mehta
See all petitions in Judgment by R. Mahadevan
See all petitions in dismissed
See all petitions in supreme court of India judgments September 2024
See all petitions in 2024 judgments

See all posts in Service Matters Category
See all allowed petitions in Service Matters Category
See all Dismissed petitions in Service Matters Category
See all partially allowed petitions in Service Matters Category