Law: Punjab Shops and Establishments Ordinance, 1969

Section: 5(1)(ix)

(a) Punjab Shops and Establishments Ordinance (VIII of 1969)--- --S. 5(1)(ix)---Persons not covered under the Punjab Shops and Establishments Ordinance, 1969 ('the Ordinance')---Scope---'Watchmen'---Whether 'security guards' employed by a private company were watchmen, and hence not covered under the Ordinance---Held, that according to dictionary meanings term 'watchman' included a security guard, as both the terms, "watchman" and "security guard", were synonymous to each other and in the nature of their duties also---By virtue of S. 5(1)(ix) of the Ordinance, "security guards" stood excluded from the application of the Ordinance and thus they could not claim any benefit provided in the said Ordinance. Black's Law Dictionary, Sixth Edition; Oxford Advanced Learner's Dictionary, New 8th Edition and Oxford Thesaurus of English, Third Edition ref. (b) Payment of Wages Act (IV of 1936)--- --S. 2(vi)--- "Wages"--- Definition--- Scope--- Wages for weekly holidays and overtime---Such wages were covered under the definition of wages provided under S. 2(vi) of the Payment of Wages Act, 1936. (c) Industrial and Commercial Employment (Standing Orders) Ordinance, 1968- --S.Os. 8(1)(b) & 12(6)---Employees of a private company---Double rate of wages for weekly holidays and overtime, claim for---No contract or custom or usage for paying double rate of wages---Held, that the evidence available on record made it clear that the employees were entitled to payment of wages for weekly holidays and overtime---Employees admitted that they had been paid wages by the employer for the work performed by them on weekly holidays and also for overtime---Such admission could be considered as a contract between the employer and employees or a custom and usage where the employer had been obtaining work from the employees on weekly holidays and also made them work overtime, but at the same time paid the employees for it---Employees in their evidence had not stated anywhere that there was a contract between them and the employer or there was a custom or usage of paying double the rate of wages for working on weekly holidays or for overtime---Employees, in the present case, were not entitled to…

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