Govt. employees not entitled to OT: SC

Govt. employees not entitled to OT: SC

Supreme Court in Security Printing & Minting Corporation of India Ltd. & Ors. vs. Vijay D Kasbe & Ors. [Special Leave Petition (Civil) Nos. 1891-1900of 2019] on April 18, 2023 while examining the issue as to whether the Government employees are entitled to paid overtime for working extra hours, observed that persons holding civil posts or in the civil services of the state enjoy certain privileges (such as benefit of automatic wage revision through periodic pay commissions like those in Government service) and hence, they are not entitled to claim overtime. In this case, the Supreme Court also stated that any Court or Tribunal adjudicating a dispute relating to conditions of service of an employee, should keep in mind the different parameters applicable to the 3(three) different categories of employment, (i) employment which is statutorily protected under labour welfare legislations, so as to prevent exploitation and unfair labour practices; (ii) employment which falls outside the purview of the labour welfare legislations and hence, governed solely by the terms of the contract; and (iii) employment of persons to civil posts or in the civil services of the Union or the state.


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