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october 1961

Supreme Court of India · 1961-10-10

WORKMEN OF THE BOMBAY PORT TRUST vs TRUSTEES OF PORT OF BOMBAY

Citation / case number
SC 1959/187
Court
Supreme Court of India
Petitioner
WORKMEN OF THE BOMBAY PORT TRUST
Respondent
TRUSTEES OF PORT OF BOMBAY
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court held that under the Minimum Wages Act, 1948, and the Minimum Wages Rules, the workers are entitled to wages for Sundays designated as 'weekly off' days, but not at a rate exceeding their ordinary wages. The Court clarified that the Industrial Tribunal cannot impose penalties beyond what is stipulated for overtime work. The phrase 'for which' in Rule 23 refers to any weekly holiday, and the plea of constructive payment was rejected, affirming that the workmen cannot claim three times the ordinary rate for work done on Sundays without compensatory off days.

WORKMEN OF THE BOMBAY PORT TRUST vs TRUSTEES OF PORT OF BOMBAY · Niyam