R ANANTHAN Vs. AVERY INDIA LIMITED

JUDGEMENT

(1.) AVERY India Limited, Madras, the first respondent, has a workshop, which is governed by the provisions of the Factories Act, 1948. The work consists of assembling and repairing weighing machines. The mechanics not only work in the factory premises but also work outside whenever they are deputed to attend to the weighing machines supplied to the customers. Alleging that in so working outside the factory they were entitled to overtime wages, three of the employees, of whom the petitioner in this case is one, applied under Section 33c (2) of the Industrial Disputes Act, 1947, before the Labour Court, Madras, the second respondent, for computation of overtime wages under Section 59 (1) of the Factories Act. The management contended that it had fixed certain rates of remuneration for the kind of work done outside the factory premises, considered as extra work, and that inasmuch as such work was not done in the factory, those employees were not entitled to overtime wages under Section 59 (1) of the Factories Act.

(2.) THE claimants explicitly restricted their claim to overtime wages for the work, which, according to them, was done, in factories other than the factory of the first respondent. Considering the contention of the R. Ananthan vs. Avery India Limited and Anr. (22. 10. 1971 -MADHC) Page 2 of 5 management with regard to payment for the work done outside its factory premises, the Labour Court observed that what was being paid was reasonable and that the claimants were not entitled to any benefit under Section 59 of the Factories Act for work done outside the factory premises. In that view the claim petition was rejected. Aggrieved by that decision, one of the claimants has filed this writ petition as a test case, as conceded by the counsel for the petitioner. It is contended on behalf of the petitioner that the view taken by the Labour Court is erroneous, for, irrespective of the place of work, the workman is entitled to overtime wages, if he is required to work more than the hours fixed under Section 59 of the Factories Act and that, therefore, the petitioner is entitled to overtime wages. The management has reiterated before me the contentions urged before the Labour Court.

(3.) SECTION 59 (1) of the Factories Act provides: 59. (1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.