Definition of worker in the Factories Act is though narrow but describes one as person engaged for the manufacturing activity either directly or indirectly.In case of any dispute, however, regarding eligibility for overtime (as also any benefit available) you can take the definition of workman given in the Industrial Disputes Act. If you refer the same a workman is one who draws a salary of not more than Rs 10000. But salary for this purpose should be statutory salary, like Basic salary and dearness allowances and will not include the variables as are usually put in to make CTC. Besides, courts have given different interpretations for the term worker saying that it is not merely the designation that a person holds but the functional responsibilities that he holds that decides whether the employee is a workman or supervisor/ managerial person. As such any employee, whatever be his salary, who does not possess the right of supervising the workers by way of at least sanctioning leave, appraising the performance or initiating disciplinary action is a worker.
Therefore, it is always desirable to make the category of employees on the basis of OT eligibility by considering whether he comes under the ID Act or not.
Regards,
Madhu.T.K