Wednesday, December 15, 2010

FIRMS FREE TO FIX DUTY HOURS

The management of an establishment has discretion in fixing the hours of duty of its employees, the SC stated last week while dismissing the appeal of the Transport & Dock Workers Union against the
judgment of the Bombay High Court in which it had upheld the enhancement of working hours of the
clerical recruits of Mumbai Port Trust. The new employees had to work one hour more. This was
challenged as discriminatory. However, the SC stated that fixing of hours of work, provided they do not violate any statutory provision or statutory rule, are really management functions and the court must exercise restraint and not ordinarily interfere with such management functions.

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