The Supreme Court said that courts must exercise restraint and refrain from interfering with functions of the managements that involve administrative decisions including fixing of the working hours.
"In our opinion, fixing of hours of work, provided they do not violate any statutory provision or statutory rule, are really management functions and this court must exercise restraint and not ordinarily interfere with such management functions," said a bench of Justice Markandey Katju and Justice Gyan Sudha Misra in their judgment delivered Monday, but only made available Friday.
The bench's ruling came as it disallowed an appeal by the Transport and Dock Workers Union of Mumbai Port Trust on two different and discriminatory working hours of typist-cum-computer clerks, before and after Nov 1, 1996.
Those appointed before Nov 1, 1996, had to put in seven hours' work during the day which also included half an hour lunch break, while those appointed after this date had to put in eight hours of work with half an hour lunch break.
The union had contended that this was discriminatory and violated the Article 14 of the constitution providing for equality before law. The management of the Mumbai Port Trust said that it had to resort to these working hours because of the stiff competition from private players.
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