Law:

Section:

(a) Factories Act (XXV of 1934)- -----S. 47 (1), Explanation (i) [as substituted by Factories (Amendment) Act (X of 1946)]--Overtime wages-Expression "value of housing accommodation''-Does not include within its ambit house rent allowance-House rent-To be included for ascertaining "ordinary rate" of pay. National Tyre & Rubber Company v. Sind Labour Court 1979 P L C 440 and National Book Foundation v. Mazharul Haque Alvi 1980 P L C 112 distinguished. (b) Factories Act (XXV of 1934)- -- S. 47 (l), Explanation (i) [as substituted vide Factories (Amend­ment) Act (X of 1946)]-Fringe benefits-Amenities granted like supply of uniforms, food, milk or washing of uniforms by factory--Cannot be considered in terms of "value of amenities"--Amenities not provided but only allowances therefore given-To be considered in terms of "value of amenities"-Such allowances, held, not to be excluded for determining "ordinary rate of pay" for purpose of overtime wages. Crown Aluminium Works v. Their Workmen A I R 1958 S C 30 and Senett Coleman & Company v. Punya Praiya Das Cupta (1969) 2 L L J 554 rel. (c) Factories Act (XXV of 1934)- -- S. 47-Overtime wages-Can be paid at two different rates­ Work done beyond 9 hours a day or 48 hours a week-To be paid at double ordinary rate according to rate prescribed in S. 47-Work done not beyond such prescribed hours-Could be paid according to agreement or on rates per practice under conditions of service. India Oxygen Ltd. v. Their Workmen (1969) 1 L L J 235 rel. S. M. Yaqoob for Appellant. S.P. Lodhi for Respondent. Dates of hearing : 3rd April 1980. ORDER This appeal is directed against an order passed by the learned 2nd Labour Court, on 4-2-1980, on an application under section 34, I. R. O., filed by the Karachi Pipe Mills Employees' Union, directing the appellant-Company to pay to its workers overtime wages on the basis of their total remuneration which would include allowances also. 2. The dispute in the instant case between the appellant-Company and the C. B. A., representing its workmen, the respondent herein, is in regard to the mode of computing the overtime wages payable to the workmen. Whereas, it is the case of the appellant…

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