MODEL MILLS NAGPUR Vs. LABOUR COURT NAGPUR

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution, the petitioner challenges the order passed by the Labour court Nagpur on May 10, 1985 under Section 33-C (2) of the industrial Disputes Act, 1947, directing payment of overtime wages at a rate double than the ordinary rate of wages purportedly under Section 59 of the Factories Act.

(2.) 38 employees of the petitioner filed an application under Section 33-C (2) of the Industrial disputes Act for the recovery of difference in overtime wages which they were entitled to under section 59 of the Factories Act and those actually paid from the year 1960 to December 1978. Overtime wages were paid to the 38 employees who were working as clerks up to May 1973 at the rate which was prescribed by Mangalmurti Award and from June 1, 1973 onwards they have been paid overtime wages at the rate of twice the ordinary rate of wage as per Section 59 of the factories Act, rate 11/2 times the ordinary rate of wages for the overtime work put in between 42 and 48 hours and twice the ordinary rate of wages for overtime work put in beyond 48 hours per week.

(3.) THE Labour Court did not accept the contention that the overtime between 42 and 48 hours could not be overtime in view of the provisions of the Factories Act, but that contention raised in this behalf before the Labour Court was not pursued by Shri R. B. Puranik, the learned counsel for the petitioner. His contention was that as there was noprovisions under the Indian Factories act regarding the payment to be made for overtime wages for the overtime work less than 48 hours per week, the respondents were not entitled to be paid at that rate for the overtime work between 42 and 48 hours, but they were entitled to be paid at the rate specified by Mangalmurti award which was equal to the ordinary basic wage. According to him, it was only the overtime work which was put in excess of 48 hours that would come within the purview of Section 59 of the Factories Act for which overtime wage at double the ordinary wage would become payable. On the other hand, it was contended on behalf of the respondents that having regard to the provisions of the Indian Factories Act and the Rules framed thereunder any overtime work beyond 42 hours of the prescribed weekly hours which was to be put in by the employees would come within the purview of Section 59 of the Factories Act obligating the petitioner to pay double the rate of ordinary wages for the overtime work put in.