Govt can prescribe different working hours for workers: HC

Such differentiation between two classes of employees does not violate right to equality,division bench of Justice D K Deshmukh and Rajesh Ketkar held last week.

The working hours of MPT’s personnel,who were working as typists-cum-clerks were always seven hours,but in 1996,MPT decided that for the new recruits,it would be eight hours.

Transport and Dock Workers Union,representing MPT workers,protested,taking exception to the fact that those recruited before October 1996 would not be working for eight hours. Union filed petition in High Court,saying this violated constitutional right to equality.

In the High Court,MPT defended its decision by saying that it was a policy decision,as it wanted to bring uniformity in working hours of indoor employees,and those working in outdoor establishments of MPT. The latter worked for eight hours a day,it said.

MPT further argued that it did not change working hours of those recruited before October 1996,because it would have led to litigation.

But the new employees,when they were recruited,were categorically told that they would work for eight hours,MPT’s lawyer argued.

The court accepted this argument. “Article 14 of constitution (right to equality) prohibits a class-legislation,and not reasonable classification for purpose of adoption of a new policy,” the High Court held.