THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7203 OF 2008 DATED 24TH DECEMBER, 2010 BETWEEN J.Lakshmana Rao and Others … Petitioners And The Hon’ble Labour Court, Anantapur, Rep. by its Presiding Officer and another. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7203 OF 2008 O R D E R The Industrial Tribunal-cum-Labour Court, Anantapur, by its common order dated 28.10.2006 passed in a batch of M.Ps. filed under Section 33-C(2) of the Industrial Disputes Act, 1947 (for brevity, ‘the Act of 1947’) held that the petitioners therein were not entitled to overtime wages for the service rendered by them during Sundays and Public Holidays. Thirty seven of such petitioners are before this Court, aggrieved thereby. This Court had occasion to deal with a similar exercise undertaken by the Labour Court-III, Hyderabad, in a batch of M.Ps., whereby the Labour Court-III, Hyderabad, held that it had no jurisdiction to entertain the dispute under Section 33-C(2) of the Act of 1947. Though in the present case the Labour Court adjudicated the matter on merits, it was of the opinion that the petitioners could not be categorized as ‘workers’ within the meaning of Section 2(1) of the Factories Act, 1948. The Labour Court however failed to take note of the Judgment of this Court in RAJENDRANAGAR MUNICIPALITY V/s. B.V.PERRAJU[1] wherein, while holding that a Municipality was an industry and persons working therein are workmen, this Court opined that the claim of such workmen to overtime wages arose out of a statutory right and required no proof. The aspect of application of the Factories Act, 1948 was also considered therein. Perhaps unaware of the law laid down by this Court in the aforestated Judgment, the Labour Court held against the petitioners. The common order under challenge is accordingly set aside and the matter is remitted to the Industrial Tribunal-cum-Labour Court, Anantapur, 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 accordingly allowed. No order as to costs. -------------------------- SANJAY KUMAR,J 24TH DECEMBER, 2010 PGS/VGSR [1] 1995 (2) ALT 320