SUPERVISOR - NOT ENTITLED TO OVERTIME AS PER PROVISIONS OF FACTORIES ACT, 1948 - The Factories Act, 1948
The employees were appointed as Supervisors in India Security Press and Currency Note Press in technical section. They claimed overtime at twice the rate of their ordinary wages under Section 59 of the Act. Central Administrative Tribunal granted their claim. Petitioner challenged the order of the Tribunal. The learned Single Judge of the High Court held that the Tribunal has erred in granting overtime claim by Supervisors of a factory by overlooking official change in the legislative position, in view of Section 6.4 of the Factories Act, 1948 and Rule 100 of Maharashtra Factories Rules, 1963, providing that the Supervisors are not required to perform manual labour or clerical work as a regular part of their duties, hence they are not entitled to claim overtime.
-Union of India VS. A.K. Biswas & Ors 2006(Bom. HC)
Call us on 09920-100-462 |Request a quotation
LK Nakashe Consultants Pvt. Ltd is India’s leading compliance & labour law consulting firm. Headquartered in Mumbai, we are ISO 9001 Certified & Crisil Certified, and we serve all 29 states and 7 union territories of India. Our service bouquet includes Registration & Renewal Services, End-to-End Monthly Compliance Services, Audit & Due Diligence Services, Advisory & Consulting Services, Payroll Management Services and Contract Staffing Services. Our client list of 750+ companies includes some of India’s biggest business conglomerates, MNCs, public listed companies & SMEs