Law:

Section:

Factories Act (XXV of 1934)- -- S. 47-Overtime wages-Criteria for calculation-Word "or" occurring in between phrases "in respect of his employment" and "of work done in such employment"-Disjunctive and not to be read as "and"-Any one of the two conditions sufficient-Remuneration not capable of being expressed in terms of money-Not to be included in salary for calculating overtime-Attendance allowance-Paid not in lieu of right of leave but for not exercising right to take leave and is paid besides deposit of unavailed leave-Such allowance a mere amenity over and above terms of employment-Cannot be included in overtime wages-Heat Allowance paid not for atmospherical heat but for artificial heat generated by working of machines-Cannot be excluded for purposes of overtime wages-An allowance paid even during leave-Cannot be excluded-Conveyance allowance not paid to those provided residential quarters and those on leave-Not paid unconditionally-Cannot be claimed for inclusion in overtime wages-House rent allowance paid even during leave-To be included in overtime wages-[1981 P L C 800 and P 1. J 1982 Lah. 185 bled not applicable]. 1981 P L C 800 and P L J 1982 Lah. 185 held not applicable. Agha Tai Muhammad for Appellant. S.A. Latif for Respondents. Date of hearing : 2nd November, 1983. JUDGMENT The three appeals captioned above arise from the decisions, dated 3rd July, 1982 delivered by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore. Since all the three appeals arise from the same decision, they are being disposed of together through this single judgment, in which Pakistan Railways will be described as the appellant and Akhtar Hussain and all other employees as the respondents. 2. The respondents claimed in their grievance petitions that wages for overtime were to be calculated including heat allowance, conveyance allow­ance and house rent allowance. The learned lower Court included heat allow­ance and conveyance allowance for the calculation of overtime wages but has refused to include house rent allowance. The appellant has in its appeals challenged the inclusion of heat allowance and conveyance allowance, whereas the respondents have in their…

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