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march 1984

Supreme Court of India · 1984-03-21

UNION OF INDIA AND ANOTHER vs G.M. KOKIL AND OTHERS

Citation / case number
SC 1972/60434
Court
Supreme Court of India
Petitioner
UNION OF INDIA AND ANOTHER
Respondent
G.M. KOKIL AND OTHERS
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

Judgment text excerpt

The Supreme Court held that Section 59 of the Factories Act, 1948, provides for overtime wages at double the ordinary rate, and Section 70 of the Bombay Shops and Establishments Act, 1948, extends this benefit to all persons employed in a factory, regardless of their classification as 'workers' under Section 2(1) of the Factories Act. The Court dismissed the appellant's appeal, affirming that the non-obstante clause in Section 70 overrides any contrary provisions, including exemptions under Section 64 of the Factories Act. Thus, the respondents were entitled to overtime wages despite their supervisory roles.

UNION OF INDIA AND ANOTHER vs G.M. KOKIL AND OTHERS · Niyam