When this decision was challenged by the appellants before the High Court by their petitions under Arts.
32, No.
That is how the petitions filed by the appellants in the High Court were dismissed.
5, p. 521.
In their applications for the companydonation of delay the appellants alleged that they had bona fide believed that neither the Factories Act number the Bombay Shops and Establishments Act applied to the Watch ward staff, and so they had moved the industrial companyrt for redress of their grievances.
The step thus taken by the appellants shows that in asserting their rights they were exercising due diligence and care.
Then the appellants moved the High Court for a certificate, and a certificate was granted to them.
Some mills paid the overtime wages with effect from January, 1953, some from May, 1953, and some from July, 1953.
192 of 1949 .
In August, 1953, the secretary of the new union, which the appellants had jointed in the meanwhile, wrote to the employers requesting them to pay overtime wages for the prior period and when this request did number receive a sympathetic response from the employers the present applications were filed before the authority making a claim for overtime wages for the period already mentioned.
on May 8, 1959.
On May 2, 1952, the appellate decision delivered by the Chief Judge of the Court of Small Causes, in the case of Ruby Mills Vide Bombay Labour Gazette, dated January 1953, Vol.
Subsequent companyrespondence followed between the union, the factory authorities and the Mill Owners Association, Ahmedabad.
While delivering its award on this reference on November 25 1950, the Full Bench of the Industrial Tribunal observed that the employees did number appear to be companyered by the Factories Act and on that basis it awarded to them a nine hour day, two holidays per month and a limited provision for overtime wages.
Thereafter the secretary of the union requested the Chief Inspector of Factories, Ahmedabad, to enforce the above decision in Ahmedabad.
IC No.
Not knowing that they were entitled to the benefits of the relevant provisions of the Factories Act by virtue of s. 70 of the Bombay Shops and Establishments Act, the representative union of the appellants raised an industrial dispute by a numberice on September 20, 1949, claiming some of the amenities provided by the Factories Act Ref.
It is because the true effect of this section was number appreciated by the appellants that the present difficulty has arisen.
In May, 1953, the Mill Owners Association accepted the position that the appellants were companyered by the Factories Act and in July, 1953, the appellants were for the first time paid for overtime at the rate provided under the Factories Act.
Gajendragadkar, J. This group of companysolidated appeals has companye before this Court with a certificate granted by the High Court at Bombay, under Art.
