1978 PLP 230 (PLC)

(except Friday) ... 9‑00 a. m. to 4‑00 p. m. (with lunch break from 1‑00 p. m. too‑00 p. m.). Friday ,.. 9‑00 a. m. to 1‑00 p. m. (b) Office of Assistant Managers and Sales points in Lahore Region of the respondent‑Corporation. . Saturday to Thursday ... 9‑00 a. m. to 4‑00 p. m (without break)

2. It is further contended that respondent No. 1 for the Rabi Campaign enhanced the hours of work of the members of the petitioner‑Union in the following manner; All days of the week... (except Friday)... 9‑00 a. m. to 5‑00 p: ‑m~ with one hours break from 1‑00 p. m. to 2‑00 p. m. Friday. 9‑00 a. m. to 1‑00 p: m. He also directed that there shall be no holiday (weekly or gazetted) during this period. In compliance with the aforesaid order of respondent No. 1 Respondent No. 2‑vide his order dated the 26th October 1974 enforced the said hours of work with effect from 26th October 1974 in the Lahore Region. The normal hours, according to the petitioner‑Union were restored on 1st February 1975. No payment of overtime had been paid to the members of the petitioner‑Union, It is pleaded that the members of the petitioner‑Union had the guaranteed right under section 9 of the West Pakistan Shops and Establishment Ordinance, 1969 for the overtime worked between 26th October 1974 to 3lst January 1975.

3. This application of the petitioner‑Union bas been vehemently opposed by the respondents who pleaded that the West Pakistan Shops sad Establish ments Ordinance, 1969 was not applicable to the respondent‑Corporation and that the members of the petitioner Union 7cre not entitled tar payment or account of overtime.

4. The plea of the respondents that the West Pakistan Shops and Establishment Ordinance, 1969 was not applicable to tie respondent Corporation was taken up first and by my order dated the 10th July 1975 it was concluded that the West Pakistan Shops and Establishment ordinance 1969 was applicable the respondent‑Corporation so far us working hours and payment of overtime of the employees of the said Corporation were concerted.

5. On merits the petitioner‑Union has produced copy of 'telegram dated the 26th October 1974 Exh. P: 1, copy of the order dated October 1975. Exh. P. 2, copy of the office order dated the 28th October 1975, Exh. P. 2, and copy of the office order dated the 1st February 1975, Exh. P.3, and copy of the order dated the 21st/23rd July 1974, Exh. P.4. In rebuttal Mr. K. G. N. Ansari, Deputy Director of the respondent Corporation has testified on behalf of the respondent. This gentleman was Regional Manger of the Lahore Region of respondent Corporation from April 1974 to May 1975. He stated working hours enforced prior to 26th October in the office of the Regional Manager and District Manager of Lahore Region were from 9‑00 a. m. to 4-00 p.m. with lunch break from 1‑00 to 2-00 p.m. for all week days except Sunday which was closed holiday and for Friday for which working hours were from 9-00 a. m,. to 1‑00 p. m. According to him working hours in field on all week days including Sunday were from 9‑00 a. m. to 4-00 p. m. without break. Friday was closed holiday. This also included offices of tine Assistant Managers. He further admitted that with effect from 26th October 1974 the timings enforced by him were as given in Exh P 1, and that the old working hours were reverted to with effect from lst February 1975. He conceded that the hours contained in Exh. P. 1 were not the normal working hours bate were introduced for Rabi Campaign. According to E,. P 1 working hours were fixed on 9‑00 a. m. to 5‑00 p. m. including Sundays but excepting Friday for which hours of work were 9‑00 a. m. to 1‑00 p. m. in Exh. P. 2 was further provided that during the Rabi Campaign there would be holidays weekly or gazetted. From the parties evidence it is established beyond any doubt that during the period of Rabi Campaign horn 25th October 1974 to 31st January 1975 the employees were made to work overtime. As I have already held that the provision of West Pakistan Shops and Establishment Ordinance, 1969 are applicable to the respondent Corporation. So far as working hours and payment of overtime wages are concerned the members of the petitioner-Union are entitled to receive the payment of overtime wages at double the ordinary rate of wages ordinarily payable to them.

6. It is therefore directed that the respondents shall make payment of overtime wages at the said rate to the members of the petitioner‑Union for the overtime worked by them from 26th October 1974 to 31st Janu ary 1975.