National Waterworks And Sewerage Authority v. Nwsa Consolidated Union

GRIÑO-AQUINO, J.:

This is a petition for review on certiorari of the order dated June 23, 1971 of the defunct Court of Industrial Relations granting Marcial Esplana's claims for full compensation for overtime and nighttime work, services rendered on Saturdays, Sundays, and legal holidays and labor in excess of the official time but within eight hours.ℒαwρhi৷ In case No. 19-IPA(3), entitled "NWSA Consolidated Unions vs. National Waterworks and Sewerage Authority," (p. 16, Rollo) the Court of Industrial Relations (CIR) in its Order of October 29, 1970, awarded to Esplana the amount of P22,112.53 as his compensation for overtime work performed on Saturdays, Sundays, and legal holidays from January, 1957 to October 31, 1963.

The judgment was duly satisfied by NWSA. However, on September 27, 1968, while Case No. 19-IPA(3) was still pending, Esplana filed a petition for additional compensation for overtime and nighttime work, work on Saturdays, Sundays, and legal holidays, and work performed in excess of the official time but within eight (8) hours from November 1, 1963 to September 26, 1968[Case No. 19-IPA(5)]. He asked the CIR to direct the Court Examiner to compute the differentials arising from those additional overtime services.

The CIR granted his petition in an order dated March 13, 1969. Accordingly, the court examiner submitted a report on October 8, 1969 crediting him with the following differentials: 1. Overtime P12,785.84.

2. Saturdays, Sundays Holidays & Grave Yard shift P29,632.93. 3.

Basic Time P1,499.19. 4. Night Time P3,101.47.