KHALIL Vs. ASSISTANT ENGINEER

JUDGEMENT

(1.) THIS revision is preferred against the Judgment dated July 27, 1977 of the learned District Judge, Bikaner, whereby he partly accepted the appeal of the non -petitioner in a claim under the Payment of Wages Act, 1936 (hereinafter referred to as ' the Act).

(2.) BRIEFLY stated the facts are these. The petitioners submitted a claim under Sections 15(2) and 16 of the Act for overtime wages for the period between 1st of June, 1972 to 31st of July, 1972 against the respondent before the learned Authority appointed under the Act. (sic)The non -petitioner employed the petitioners to work on Pump Station of the Rajasthan Canal Project, Chhaturgarh, Bikaner and during the relevant period they remained on duty at the Pump Station round the block. The learned authority directed the non -petitioner to pay to the petitioners overtime wages for 16 hours per day from 1 -6.(sic)72 to 31 -7(sic)72 The non -petitioner preferred an appeal be/ore the District Judge, who as already stated partly accepted the appeal and restricted the payment of overtime wages to each of the peetitioers for 4 hours per day instead of 16 hours per day. The reason for the decision of the learned District Judge appears to be that under Sections 54 and 56 of the Factories Act, the non -petitioner could not take overtime work from the petitioners for more than 4 hours i. e. upto 1 -2 hours a day and, therefore, for any employment for overtime in contravention of Sections 54 and 56 of the Factories Act, the petitioners were not entitled to any overtime wages.

(3.) IT is strenuously argued by the learned Counsel for the petitioners that she non -petitioner cannot take advantage of his own wrong. If the non -petitioner employed the petitioners in contravention of the Factories Act, he may be liable to prosecution but on that score he could not escape his liability for payment of full overtime wages.