Rtg Construction v. Amoguis

GRIÑO-AQUINO, J.:

These petitions for certiorari by the petitioner, RTG Construction, Inc., were consolidated because the parties involved are the same. In G.R. No. 85278, the petitioner assails the jurisdiction of the Regional Director of the Department of Labor and Employment and the Undersecretary of Labor and Employment in LSED ROXI Case No. 83-86 to grant the money claims of the private respondent, Romeo Tarroza, for salary differential, emergency cost-of-living allowance differential, holiday pay, 13th month pay and night shift differential on his complaint for violation of labor standards by his employer, the petitioner herein. In G.R. No. 85918, the petitioner assails the order of the National Labor Relations Commission (NLRC), dismissing the company's appeal from the decision of the Labor Arbiter in Tarroza's complaint for illegal dismissal (RAB-11-09-00435-87), ordering the company to reinstate him to his former position without loss of seniority rights and with backwages from the date of his dismissal up to his actual reinstatement.

The petitioner is a Philippine corporation with main office in Quezon City. It is engaged in the construction of dikes, canals, and canal structures and was one of the contractors for various projects of the National Irrigation Agency in Davao del Norte. In 1984, Tarroza was employed as watchman in the petitioner's shop at Malagupising, Carmen, Davao del Norte.

On December 15, 1986, Tarroza and thirty-three (33) co-employees of his filed a complaint against the petitioner for alleged violation of labor standards for minimum wage, emergency cost-of-living-allowance, holiday pay, night shift pay, and 13th month pay. It was docketed as LSED ROXI Case No. 83-86. Subsequently, his co-plaintiffs withdrew their charges against their employer, leaving Tarroza alone to pursue his complaint.

Acting on Tarroza's complaint, the Regional Director of the DOLE directed the Labor Standards and Welfare Office (LSWO) to conduct an inspection of the petitioner's premises and examine its books. After making such inspection, the LSWO recommended that a summary investigation of the petitioner be made by the Office of the Regional Director. According to the computation of the LSWO, the following sums were due Tarroza: 1.

Salary Differential P 12,957.00 2. E. L. A. Differential 2,519.40 3. Holiday Pay 864.00 4.

13th Month Pay 229.66 5. Night Shift Differential 476.91