THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.14717 OF 2001 DATED 10TH NOVEMBER, 2010 BETWEEN V.Ramulu … Petitioners And The Commissioner, Wanaparthy Municipality, Mahabubnagar District. And Another. … Respondents. THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.14717 OF 2001 ORDER Aggrieved by the order dated 01.03.2000 passed by the Labour Court-III, Hyderabad, dismissing M.P.No.92 of 1992, the petitioner therein is before this Court. Perusal of the order under challenge reflects that the Labour Court was of the opinion that it had no jurisdiction to decide the petitioner’s entitlement to overtime wages. The Labour Court however failed to take note of the Judgment of this Court in RAJENDRANAGAR MUNCIPALITY v. B.V.PERRAJU[1] wherein, while holding that a Municipality is an industry and the persons working therein are workmen, this Court held that the Labour Court would have the jurisdiction to decide claims for overtime wages of such workmen. This Court observed that this claim of the workmen arises from a statutory right and requires no proof. The claim is therefore based on an existing right and the workmen would be entitled to raise the same under Section 33-C(2) of the Industrial Disputes Act, 1947. This Court further observed that the Labour Court would be bound to hold an enquiry to find out whether the benefit claimed under the provision is by a workman and whether he has a right to receive the said benefit and whether it can be computed in money value and whether the extent of the claim is justified, correct and can be granted either partly or wholly. In the light of the aforestated Judgment, the ground on which the Labour Court dismissed M.P.No.92 of 1992 cannot be sustained. The order dated 01.03.2000 passed by the Labour Court-III, Hyderabad, in the said M.P. is accordingly set aside and the matter is remitted to it for adjudication afresh in the light of the law laid down by this Court in B.V.PERRAJU. This exercise shall be completed expeditiously and in any event, not later than six (6) months from the date of receipt of a copy of this order. The Writ Petition is disposed of with the above directions. No order as to costs. -------------------------- SANJAY KUMAR,J 10TH NOVEMBER, 2010 PGS ( ) THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.14717 OF 2001 10TH NOVEMBER, 2010 [1] 1995 (2) ALT 320