The Supreme Court of India dismissed an appeal by the Public Works Department, upholding the Bombay High Court’s decision, which granted employees the entitlement to public holidays, including the 2nd and 4th Saturdays, as per the Kalelkar Award. The case revolved around the denial of these benefits to temporary employees, despite the provisions of the Kalelkar Award, which extended these rights to all non-daily wage employees. The court confirmed that these workers were also eligible for overtime compensation for working on designated holidays.

1. Parties Involved:

   • Appellants: Secretary, Public Works Department & Ors.
   • Respondents: Tukaram Pandurang Saraf & Ors. (Public Works Department employees)

2. Issue:

   • Respondent-employees were denied public holidays and overtime pay for working on 2nd and 4th Saturdays, despite being covered under the Kalelkar Award.

3. Chronology:

   • Respondents appointed between 1982 and 1997.
   • In 2004, employees were placed on a Converted Temporary Establishment.
   • A government circular from 1996 attempted to exclude these employees from holiday benefits, which was challenged.
   • Industrial Court, in 2009, ruled in favor of the employees, which was upheld by the High Court in 2014.
   • The Supreme Court dismissed the appeal in 2024, confirming the employees' rights.

4. Legal Reference:

   • Kalelkar Award: A government resolution outlining service conditions for Public Works Department workers.
   • Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

Acts and Sections Discussed:

1. Kalelkar Award: Defined the holiday and overtime entitlements for PWD employees.
2. Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: This section was invoked to address the denial of holiday benefits and compensation.
3. Industrial Disputes Act, 1947 - Section 9A: Cited regarding the improper alteration of service conditions without notice.

Ratio Decidendi:

The court ruled that employees under the Converted Temporary Establishment are entitled to the benefits of public holidays and overtime pay as outlined by the Kalelkar Award. The appellants' reliance on the government circular of 1996 to deny these rights was found invalid, as the circular did not supersede the award's clear provisions regarding holidays for non-daily wage workers.

Subjects: Employment Law, Labour Practices, Government Employees, Public Works Department, Public Holidays, Overtime Pay, Employment Rights