Law:

Section:

Factories Act (XXV of 1934)- --- S. 47--Overtime pay-Settlement between employer and Collective Bargaining Agent providing better terms and extra wages for working overtime as compared to rates prescribed in S. 47--Workers, in circumstances, held, entitled to extra wages according to settlement. S. M. Yaqoob for Appellants. Nemo for Respondent. Date of hearing: 28th January, 1982. ORDER These 41 appeals, one in re pact of each respondent workman, are directed against the common decision of the learned IIIrd Labour Court, given on 7th September, 1981 on the 41 separate grievance petitions of the respondents, directing that they are entitled to extra pay for over­time in accordance with the provisions of section 47 of the Factories Act, 1934. The dispute between the parties which gave rise to the aforesaid grievance petitions was that whereas according to the practice prevailing in the appellant company, the workers therein were required to work for 27 hours up to 441 hours weekly, depending upon the category which the worker belonged or the Department in which he was required to work, and for any extra work required to be performed by them, they were paid at double the basic wages plus cost of living allowance, the respondent workmen claimed that they should be paid for all such overtime work at twice the wages as contemplated in section 47 of the Factories Act. They particularly claimed that for computation of pay for over-time, conveyance allowance, house rent allowance, beat allowance, milk allow­ance, washing allowance, food allowance and production allowance should also be included. The learned Labour Court, on the basis of the decision of this Tribunal in the case of Messrs Karachi Pipe Mills Ltd. v. Employees' Union (I), has held that the workmen in the appellant factory are entitled to double the wages including the monetary allowance admissible to them, on the extra work performed by them, beyond the statutory limits of 8 hours a week. It may be pointed out that in the reported case, it was held by this Tribunal that overtime wages can be paid at 2 different rates, in that work done beyond 9 hours a day or 48 hours a week is to be paid at double the…

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