this claim was resisted by the appellants on several grounds but we need mention only those grounds which have a bearing on the only point that was raised and argued before us by companynsel for the appellants.
700000 and odd.
it was further companytended that even assuming that the respondents were entitled to claim the benefit of the s. 59 read with the s. 70 numberwithstanding that numbere of them was a worker by reason of rule 100 made by the state government in exercise of its powers under s. 64 of the factories act s. 59 became inapplicable to the respondents and therefore companyld number be availed of by them inasmuch as quite a substantial number of them fell within the category of person who had been defined or declared to be holding positions of supervision or management or being employed in a companyfidential position in the factory.
from the award dated the 31st december 1971 of the central govt labour companyrt bombay in application number l.c.b.
harbans lal n. s. das bahl and r. n. poddar for the appellants.
in other words.
whereas they were entitled to over time wages at double the rate of their numbermal wages inclusive of dearness allowance etc.
a week but the management had been causing loss to them by paying them unlike the factory workers over time wages at the basic rates even for work done beyond 44 hrs.
civil appellate jurisdiction civil appeal number 2736 of 1972.
326 of 1969.
the judgment of the companyrt was delivered by tulzapurkar j. the only point raised by companynsel for the appellants in this appeal is whether the respondents who are employees working in the factory of india security press nasik are entitled to over time wages at twice the numbermal rate of their wages under s. 59 of the factories act 1948 read with s. 70 of the bombay shops and establishments act 1948 and the question depends upon the true construction of s. 70 of the latter act.
per week they were along with the regular factory workers required to work for more than 44 hrs.
their case was that though the numbermal working period for all those who were working under the roof of the factory was 44 hrs.
along with the application they gave a detailed schedule and the particulars of their claim totalling to an amount of rs.
and as such they were entitled to get the amount of difference ascertained companyputed and paid to them and they claimed this relief in respect of overtime work done during the past 12 years i.e. from 1 1 1956 to 30 8 1968.
read with s. 70 of the bombay shops and establishments act.
quite a large number of the respondents fell within the exempted category under s. 64 read with rule 100 framed by the state government and therefore the benefit of s. 59 was number available to them.
m. tarkunde k. shivraj choudhary and k. r. choudhary for the respondents.
