Q: I retired from state government service in 1999. But I did not receive the last two months? salary or my retirement benefits. I wrote several letters to my department requesting them to release my dues. Neither did I receive a reply nor did the government pay my dues. I filed a suit in the Calcutta High Court to recover my dues. About two months ago, my suit was decreed in the presence of the government?s lawyers. Till date, the government has not paid my dues in spite of the decree. How can I recover my dues?
Anil Sharma, Calcutta
A: Your remedy is to execute the decree in accordance with the provisions of the Code of Civil Procedure, 1908. An execution application will have to be accompanied by a certified copy of the decree. You should obtain a certified copy of the decree as fast as possible from the decree department of the high court and file an execution application in the high court. But, please note that under Section 82 of the Civil Procedure Code, execution shall not be issued on any decree against the government unless the decree remains unsatisfied for at least three months from the date of the decree.
Q: I am employed as a clerk in a private industrial company in Calcutta. The normal working hours are from 9.30 am to 5.30 pm, but I am often required to work till 8 or 9 pm. The company does not pay me overtime for the extra hours. I want to know if there is any law relating to payment of overtime wages and how it can be applied in my case.
Kaushik Sen, Barasat
A: Section 13 of the West Bengal Shops and Establishments Act, 1963, provides for payment of overtime wages to employees of a shop or establishment if he/she is required to work beyond normal working hours. The word ?establishment? is defined in Section 2(5) of the Act as a commercial establishment or an establishment for public entertainment or amusement. The term ?commercial establishment? is defined in Section 2(2) of the Act and it includes the clerical department of a commercial or industrial undertaking. According to Section 13, the wages payable for overtime work shall be calculated at twice the ordinary rate of wages payable to the employee. However, if under any agreement, award, custom or convention, a higher rate of overtime wages is payable, then the same shall prevail. If there is any dispute regarding payment of wages including overtime wages, the employee can apply to the appropriate authority for relief as prescribed by Section 14 of the Act. I hope this answers your question.
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