Law:

Section:

(a) Payment of Wages Act (IV of 1936)- ----Preamble, Ss. 1, 2 & 3---Factories Act (XXV of 1934), S.2(j) --- Object, purpose, scope and application of Payment of Wages Act, 1936---Protection of wages of workers under Payment of Wages Act, 1936---Essentials--­Classes of persons employed in an industry---Application of employees of Town Committee before Authority under the Payment of Wages Act, 1936 claiming from the Town Committee a specified amount for the extra-­labour/overtime put in by them having performed their respective duties even on public holiday---Validity---Provisions of Payment of Wages Act, 1936 would be attracted oily if it could be established that the employer was a factory whereupon the employees would become the persons employed in a factory whose wages were then got protected under the Payment of Wages Act, 1936---Town Committee being not a factory in terms of Payment of Wages Act, 1936, employees thereof were not persons employed in a factory---Authority functioning under the Payment of Wages Act, 1936, therefore, had no jurisdiction to deal with the matter or to pass the order--­Principles. In the present case employees of a Town Committee had submitted 72 application before the Authority under the Payment of Wages Act, 1936 claiming, from the Town Committee, a specified amount for the extra­-labour/overtime put in by them and for having performed their respective duties even on holidays. The provisions of section 3 of the Payment of Wages Act, 1936 cast an obligation on the employer to pay wages, required to be paid under the said Act, to persons employed by it. The preamble of an enactment which briefly sets forth the object which such an enactment seeks to achieve, indicates in the present case, that the purpose of enacting the said Act of 1936 was not to secure payment of wages for all kinds of employees by all manner of employers but to ensure payment of wages only to "certain classes of persons employed in industry". Subsection (4) of section 1 of the Act lays down the parameters within which bounds the provision of the said Act were to operate. The provisions of the said subsection (4) of section 1 tell that the application of…

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