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3. Brief relevant facts for comprehension of the disputes between the parties in these petitions are as given hereinafter. The petitioner is a partnership firm carrying on manufacture of readymade garments. The working hours of the petitioner‟s firm were 9.30 AM to 6 PM which included a tea break from 4 to 4.15 PM. From 1st July, 2002 the management changed the working hours from 9.30 AM to 6.15 PM, an addition of 15 minutes in the working hours.

4. The increase of working hours was in consonance with Section 51 of the Factories Act, 1948 which contemplates that working hours in a factory shall not be more than 48 hours in a week. Section 51 of the Factories Act, 1948 is as under:-

"Section 51. Weekly Hours-
No adult worker shall be required to allowed to work in a factory for more than forty eight hours in a week."

5. The change in working hours of the workmen were made by the petitioner/management during the pendency of a reference of disputes raised by the workers union regarding annual increment, transport allowance, summer and winter uniforms and enhancement in tea W.P.(C.) Nos. 10744/06, 10765/06, 10740/06, 10760/06, 11684-85/06, allowance. The reference which was pending on behalf of workers union when the increase in working hours in accordance with Section 51 of the Factories Act, 1948 was made was as under:-

Whether the workmen are entitled to enhancement in tea allowance for Rs.1/- to Rs.3/- per tea or canteen facility in lieu thereof and if so, what directions are necessary in this respect?"

6. As the working hours were changed by the petitioner, first a complaint was filed by the union of the workers/respondents contending that the petitioner/management had increased the working hours by 15 minutes per day without obtaining the approval or permission of the Tribunal, as another reference of disputes was pending and, therefore, the act of the petitioner/management is illegal and unjust and bad in law. The union of the workmen, therefore, sought initiation of action against the petitioner management for violation of Section 33 (1)(a) of the I.D Act, 1947 under Section 33 A (b) of the Industrial Disputes Act, 1947.

22. The petitioner, therefore, has changed the timing of working of the respondents from 9.30 AM to 6.15 PM in accordance with the Factories Act according to which a workman can be made to work up to 48 hours in a week. The respondents in their counter affidavits have not denied or disputed that they are bound to work 8 hours a day and 48 hours a week. It is not disputed that the respondents are paid emoluments according to the work done by them. The only objection of the respondents in various writ petitions is that the petitioner could not change the working hours without obtaining permission from the concerned authority/Tribunal as earlier the respondents were made to work for 7 hours and 45 minutes a day whereas the salary was paid to them for 8 hours and on revision of working time from 9.30 AM to 6 PM to 9.30 AM to 6.15 PM they are working for 8 hours for which the salaries are paid to them.