Supreme Court of India · 1990-04-20
CLOTHING FACTORY, NATIONAL WORKERS' UNIONAVADI, MADRAS, REP vs UNION OF INDIA BY ITS SECRETARY, MINISTRY OFDEFENCE, NEW DE
- Citation / case number
- SC 1990/76996
- Court
- Supreme Court of India
- Petitioner
- CLOTHING FACTORY, NATIONAL WORKERS' UNIONAVADI, MADRAS, REP
- Respondent
- UNION OF INDIA BY ITS SECRETARY, MINISTRY OFDEFENCE, NEW DE
- Bench
- AHMADI, A.M. (J)
Judgment text excerpt
The Supreme Court held that piece-rated workers are not entitled to overtime wages for work done beyond the normal hours of 44-3/4 hours and up to 48 hours in a week, as per Section 59(1) of the Factories Act. The Court clarified that while day workers receive overtime wages for exceeding normal hours, piece workers are compensated based on piece work profits for additional hours worked. The appeal by the Union was dismissed, affirming that the payment structure for piece-rated workers is governed by departmental rules and not by the provisions applicable to day workers.