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april 1990

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.

CLOTHING FACTORY, NATIONAL WORKERS' UNIONAVADI, MADRAS, REP vs UNION OF INDIA BY ITS SECRETARY, MINISTRY OFDEFENCE, NEW DE · Niyam