Case Note & Summary
The petitioners, 21 supervisors employed at the India Security Press, Nasik, filed a Writ Petition challenging the order of the Central Administrative Tribunal (CAT) dismissing their Original Application No.761 of 1988. The petitioners had sought overtime wages under Section 59 of the Factories Act, 1948, which they had been receiving prior to their promotion as supervisors. After promotion, the employer stopped paying overtime at the rate prescribed under the Factories Act. The CAT dismissed the application on the ground that it lacked jurisdiction to decide the issue, relying on the Supreme Court judgment in Krishan Prasad Gupta v. Controller, Printing & Stationery, (1996) 1 SCC 69. The Bombay High Court upheld the CAT's decision, holding that the Tribunal correctly found that the claim for overtime wages under the Factories Act was not a service matter within its jurisdiction. The Court also noted that supervisors are not 'workers' under the Factories Act and thus not entitled to overtime under Section 59. The petition was dismissed.
Headnote
A) Administrative Law - Jurisdiction of Central Administrative Tribunal - Claim under Factories Act - The Central Administrative Tribunal lacks jurisdiction to decide claims for overtime wages under Section 59 of the Factories Act, 1948, as such claims are not service matters within the Tribunal's purview. The Tribunal correctly dismissed the Original Application for want of jurisdiction. (Paras 1-3)
B) Factories Act - Overtime Wages - Supervisors - Supervisors are not 'workers' under the Factories Act, 1948, and thus are not entitled to overtime wages under Section 59 of the Act. The claim for overtime allowance was rightly rejected. (Paras 2-3)
Issue of Consideration
Whether the Central Administrative Tribunal has jurisdiction to adjudicate a claim for overtime wages under Section 59 of the Factories Act, 1948, and whether supervisors are entitled to such overtime wages.
Final Decision
The High Court dismissed the Writ Petition, upholding the order of the Central Administrative Tribunal that it lacked jurisdiction to decide the claim for overtime wages under the Factories Act, 1948.
Law Points
- Overtime wages under Section 59 of Factories Act
- 1948 are not payable to supervisors who are not 'workers' under the Act
- Central Administrative Tribunal lacks jurisdiction to decide claims under Factories Act
Case Details
2005 LawText (BOM) (01) 176
Writ Petition No.4917 of 2001
V.G. Palshikar, Smt. Nishita Mhatre
Mr. M.S. Karnik for Petitioner, Mr. Rajiv Chavan with Shri D.A. Dave for Respondent No.1
A.K. Biswas and 20 others
Union of India and 3 others
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Nature of Litigation
Writ Petition challenging the order of the Central Administrative Tribunal dismissing the Original Application for overtime wages.
Remedy Sought
Petitioners sought overtime wages under Section 59 of the Factories Act, 1948.
Filing Reason
The petitioners, supervisors at India Security Press, were denied overtime wages under the Factories Act after their promotion.
Previous Decisions
The Central Administrative Tribunal dismissed the Original Application No.761 of 1988 for lack of jurisdiction, relying on Krishan Prasad Gupta v. Controller, Printing & Stationery.
Issues
Whether the Central Administrative Tribunal has jurisdiction to adjudicate a claim for overtime wages under Section 59 of the Factories Act, 1948.
Whether supervisors are entitled to overtime wages under the Factories Act.
Submissions/Arguments
Petitioners argued that they were entitled to overtime wages under Section 59 of the Factories Act.
Respondents contended that the Tribunal lacked jurisdiction to decide such claims.
Ratio Decidendi
The Central Administrative Tribunal does not have jurisdiction to adjudicate claims for overtime wages under the Factories Act, 1948, as such claims are not service matters within its purview. Supervisors are not 'workers' under the Factories Act and thus not entitled to overtime under Section 59.
Judgment Excerpts
By this Petition, the Petitioners impugn the decision of the Central Administrative Tribunal in dismissing the Original Application filed by them in view of the judgment of the Supreme Court in the case of Krishan Prasad Gupta v/s. Controller, Printing & Stationery, (1996) 1 SCC 69.
The Original Application has been dismissed because the Tribunal was of the opinion that the claim made by the Petitioners for payment of overtime wages in accordance with section 59 of the Factories Act, 1948 was not maintainable before the Tribunal as it lacked jurisdiction to decide the issue.
Procedural History
The petitioners filed Original Application No.761 of 1988 before the Central Administrative Tribunal claiming overtime wages under Section 59 of the Factories Act. The Tribunal dismissed the application for lack of jurisdiction. The petitioners then filed Writ Petition No.4917 of 2001 before the Bombay High Court, which was dismissed on January 27, 2005.
Acts & Sections
- Factories Act, 1948: Section 59, Section 59(1)
