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...any establishment is required to work overtime, he shall be entitled, in respect of such overtime work, to wages at twice the ordinary rate of wages.Explanation....—For the purpose of this section, the expression ‘ordinary rate of wages’ shall mean such rate of wages as may be calculated in the manner prescribed...at twice the ordinary rate of wages. The expression “such overtime” can refer to one contemplated by the proviso to Section 14(1) and no other. Reading Sections 14 and 31 together, a scheme emerges...
...rent allowance are entitled to compute the overtime allowance by including house rent allowance into the “ordinary rate of wages”. The short question before us is whether the employees who are...occupying government accommodation and as such are not being paid house rent allowance, are entitled to compute the “ordinary rate of wages” by notionally adding the amount of house rent allowance which they...more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages....
...Authority that ordinary rate of wages contemplated by Rule 25 means ordinary minimum rate of wages, considering this view to be in accordance with the view taken by the Bombay High Court in the...—(a) in the case of employment in agriculture, at one and a half time the ordinary rate of wages;(b) in the case of any ...scheduled employment, at double the ordinary rate of wages.Explanation.—The expression ‘ordinary rate of wages’ means the basic wag...
...-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.* * *...any person so defined or declared shall, where the ordinary rate of wages of such person does not exceed rupees seven hundred and fifty per month, be entitled to extra wages in respect of overtime...
..., dated 24.12.2010, by holding that when a specific clarification is make in provision of sub-section (2) of section 59, about the term “ordinary rate of wages”, the applicants...that “ordinary rate of wages means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other...overtime allowance has to be computed on the basis of the ordinary rate of wages. sub-section (2) of section 59 of the Act defines ordinary rate of ...
...sub-section (1) ‘ordinary rate of wages’ means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and...very clear. It says that the ordinary rate of wages which is referred to in sub-section (1) of Section 59 means basic wages plus such allowance … as the worker is for the time being entitled to, but...
...Act, respondents have been reckoning the above four items of compensatory allowances as forming part of ordinary rate of wages. However, based on the instructions issued by the Ministry of Defence...original petition is filed.4. The only question to be considered is whether the four items of allowances referred to above form part of “ordinary rate of wages” as referred to in...for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.(2...
...Limited, should be taken into account, while calculating their overtime wages/ordinary rate of wages. The impugned letter dated 07.09.2017 is the forwarding letter issued by the Secretary to the...the “Special Allowance” should be computed while arriving at the “ordinary rate of wages” of a workman in terms of Section 59(2) of the Factories Act, 1948.
5. The...respondent herein, which is the Minority Employees Union and who were not a signatory to the MoS, have made a claim that the Special Allowance should be calculated while computing the “ordinary rate of wages” of...
...was asked to work beyond 48 hours per week as provided in that Act. Therefore, it was argued, the appellant Company could not be asked to pay more than the ordinary rate of wages payable to workmen if...they were asked to work beyond 39 hours but not exceeding 48 hours Secondly, it was argued, that if the company were to pay 1¼ times its ordinary rate of wages for overtime it would be paying more...rate of wages if the workmen do work beyond 39 hours but not exceeding 48 hours a week. It is obvious that if the company were asked to pay at the rate equivalent to the ordinary rate of ...
...provision 2 of Section 59, about the term "ordinary rate of wages", the applicants cannot contend that the allowances include HRA, TA and other allowances and there is no reason to hold that the term...petitioners, in support of the aforesaid contention, have relied on the provisions of Sub Section 2 of Section 59 of the Factories Act, 1948, which states that "ordinary rate of wages means the basic wages...[(1996) 1 Supreme Court Cases 701], wherein it has been held as follows:-"The overtime allowance has to be computed on the basis of the “ordinary rate of wages”. Sub-section...
...at double the ordinary rate of wages for the work done on rest days. On refusal to pay the amount so claimed, they authorised the petitioner to file claim before the Authority under the.... 5,504.98 as wages for work done on rest days at double the ordinary rate of wages together with a sum of Rs. 55049.80 as compensation. During the proceedings before respondent No. 2, the employer conceded...petitioner, urged that the import of the term 'ordinary rate of wages' has been misconstrued by the respondents and that the basis for calculating double the daily wages for working on a day of rest was...
...by the Bihar Shops and Establishments Act, the Company would be liable to pay at double the ordinary rate of wages as provided in that Act. Regarding Demand 5, the union produced three letters...pay more than its ordinary rate of wages payable to workmen if they were asked to work beyond 39 hours but not exceeding 48 hours. And (2) that the comparative statement (Ext. M) of overtime rates paid...by other concerns in Jamshedpur before the Tribunal showed that if the Company were made to pay 1¼ times its ordinary rate of wages it would, in the light of its higher scale of wages, be paying more...
...case referred to in the first proviso to Section 13 but work on any rest day under sub-Section (2) of Section 19 in terms of wages as the rate of ‘twice his ordinary rate of wages.’ Sub...Section 4 defines ‘ordinary rate of wages’ in relation to a motor transport worker means basic wages plus dearness allowance. Though, the notification was issued on 01.01.1998 revising...over time allowance at the rate of twice the ordinary rate of wages i.e basic wages plus dearness allowance.”In the light of the law laid down by the Division Bench of this Court, the...
...the ordinary rate of wages. “Overtime work” which is not defined in that Act, in th??? ordinary sense, means work done beyond the normal working hou??? in force in the establishment either by contract...and 1-½ times the ordinary rate of wages for overtime work done by them beyond 6-½ hours per day on week days and beyond 4 hours on Saturdays from June 1, 1963. The management contended in the counter...upon S. 31 of the Shops and Establishments Act, that they are entitled to wages at twice the ordinary rate of wages for overtime work. The Labour Court found that the...
...grant the scale according to the Bengal Chamber of Commerce dearness allowance.4. Asto overtime, the appellants claimed it at twice the ordinary rate of wages. The existing...1½ times the basic rate only. It is however usual to give overtime allowance on the basis of ordinary rate of wages which means basic wages plus dearness allowance (see Section 59 of the Factories Act...63 of 1948, and Section 33 of the Mines Act 35 of 1952). We think that the same system of allowing overtime at 1½ times the ordinary rate of wages i.e basic wages plus dearness allowance should be...
...) of the Industrial Disputes Act, 1947, directing payment of overtime wages at a rate double than the ordinary rate of wages purportedly under S. 59 of the Factories...as per S. 59 of the Factories Act, rate being 1½ times the ordinary rate of wages for the overtime work put in between 42 to 48 hours and twice the ordinary rate ...wages at the rate of twice his ordinary rate of wages. Sub-section (2) provides that for the purposes of Sub-sec. (1), ordinary rate of wages means the basic wages plus such allo...
...section 33-C(2) of the Industrial Disputes Act, 1947, directing payment of overtime wages at a rate double than the ordinary rate of wages purportedly under...section 59 of the Factories Act, rate being 11/2 times the ordinary rate of wages for the overtime work put in between 42 to 48 ho...ordinary rate of wages for overtime work put in beyond 48 hours per week.3. The Labour Court did not accept the contention that the overtime between 42 to 48 hours could not be overtime in view...
...ordinary rate of wages.”Section 50 preserves the existing rights and privileges of an employee in any establishment if these rights and privileges are more...
...one and a half times the ordinary rate of wages:(b) in the case of any other scheduled employment at double the ordinary rate of wages;Explanation...“ordinary rate of wages” means the basic wages, plus such allowances including the cash equivalent of the advantage accruing through the concessional sale to the person employed of food- grains and other...) Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948.”8. This Rule used the expression “one and a half times the ordinary rate of wages.” The...
...entitled to wage at the rate of twice his ordinary rate of wages in respect of overtime work. Sub Section (2) of Section 59 clarifies that "ordinary rate ...para is extracted below:- "6. A perusal of the above would make it clear that the expression 'ordinary rate of wages' does not include anything beyond the basic pay and the allowances that the...workers are time being entitled to. The above provision also makes it clear that in respect of over time work, an employee is entitled to the wages @ twice of his ordinary rate of wages. When a specific...