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may 1959

Supreme Court of India · 1959-05-08

B. P. HEERA & ETC. ETC. vs C.M. PRADHAN & ETC. ETC.

Citation / case number
SC 1957/60002
Court
Supreme Court of India
Petitioner
B. P. HEERA & ETC. ETC.
Respondent
C.M. PRADHAN & ETC. ETC.
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court upheld the decision of the Authority under the Payment of Wages Act, 1936, affirming that employees in a factory are entitled to overtime wages under Section 59 of the Factories Act, 1948, and Section 70 of the Bombay Shops and Establishments Act, 1948. The Court clarified that even if employees do not qualify as 'workers' under Section 2(1) of the Factories Act, they can still claim overtime wages due to the non-obstante clause in Section 70. The judgment confirmed that the provisions of the Factories Act apply to factory employees for overtime claims, despite the exclusions stated in Section 4 of the Bombay Shops and Establishments Act.

B. P. HEERA & ETC. ETC. vs C.M. PRADHAN & ETC. ETC. · Niyam