Factories Act, 1948 -s.59-Benefit of overtime wages at
double the rate of ordinary wages-Scope of Section 70 of
Bombay Shops and Establishments ... wages of such person
does not exceed rupees seven hundred and fifty per
month, be entitled to extra wages in respect of
overtime work under
they had put in overtime
2
work for a specific number of hours each day, they were
entitled to overtime wages for the said period ... only an employee
authorized to work overtime by an overtime slip would be
entitled to claim an overtime allowance. The specific case of
the respondent
work, the expression 'overtime' renders itself easy of
understanding. Overtime work attracts the liability of
paying overtime wages.
(13) 'Over ... employers have prescribed the rate of
overtime wages at 11/2 times the ordinary wages for overtime
work in excess of its prescribed hours
difference between the
wages due according to mini-mum rate of wages
fixed by job and wages actually paid amount
overtime wages ... difference between the wages due according
to the minimum rate of wages fixed by the job
and wages actually paid amount overtime wages
Payment of Wages Act (hereinafter called the authority) and had claimed overtime wages for the period between January, 1951, to December, 1951, and June-July ... first time paid for overtime at the rate provided under the Factories Act . Some mills paid the overtime wages with effect from January, 1953, some
which mandates payment of double the wages
for overtime. Yet they make overtime wages proportionate to the
existing wages, which also violates the spirit ... Wages shall be in a proportion of the existing wages (e.g.
if wages for eight hours are 80 Rupees, the proportionate
wages for twelve
CITATION:
1959 AIR 1226 1960 SCR (1) 137
ACT:
Overtime Wages-Claim by employees in railway factory-
Validity-Factories Act, 1948 (LXIII ... Central Railway Workshop and Factory,
Parel, Bombay, claiming payment of overtime wages under the
Payment of Wages Act, 1936 (4 of 1936). The case
thereafter they
were asked to perform overtime work which they did and
accordingly, the overtime rate of wages was paid in terms of
the agreement ... work) exceed *[such wages
as may be prescribed by the Central
Government].
Provided that an employee whose
wages (exceeding remuneration for
overtime work) exceed *[such
monthly paid their monthly wages should be
arrived at by multiplying the daily wages by 26."
The total wages for 26 days ... question of overtime, the demand
before the Tribunal was that overtime rates should be double
the rate of wages. That demand was rejected
matter of payment of overtime
wages. The appellants contended that payment of wages for
overtime at the time-rate cannot be taken as overtime
payment ... period of overtime beyond 48 hours a week, the,
employees were to get overtime wages at time-rates.
140
The point for decision
