Please provide information whether Sub-istant Engineers in Water Treatment Plant under factories Act are eligible to get Overtime Allowance in West Bengal.
From India, Calcutta
From India, Calcutta
Dear Mr.Biswas
Your query has to be answered with reference to the definition of the term "worker" as defined in Section 2(l) of the Factories Act. You can go through this definition in the Act. This definition does not exclude even managers from its scope and ambit. Therefore sub-assistant engineers come within the definition of "worker" as defined under section 2(l) of the Factories Act and are entitled to overtime wages as contemplated by the Factories Act. However, a word of caution here. The sub-assistant engineer is a "worker" as defined under the Factories Act. It does not mean that he is a "workman" as defined under the Industrial Disputes Act 1947. That issue is a separate issue which cannot be joined together with the issue raised by you in this thread.
With regards
From India, Madras
169Your query has to be answered with reference to the definition of the term "worker" as defined in Section 2(l) of the Factories Act. You can go through this definition in the Act. This definition does not exclude even managers from its scope and ambit. Therefore sub-assistant engineers come within the definition of "worker" as defined under section 2(l) of the Factories Act and are entitled to overtime wages as contemplated by the Factories Act. However, a word of caution here. The sub-assistant engineer is a "worker" as defined under the Factories Act. It does not mean that he is a "workman" as defined under the Industrial Disputes Act 1947. That issue is a separate issue which cannot be joined together with the issue raised by you in this thread.
With regards
From India, Madras
Sir,
Thanks for your information. It is to ascertain whether S.A.E s may agitate in court of law if they are not getting the benefit of overtime work.
With Regards,
Mrityunjoy Biswas
Dy. Controller of Municipal Finance & Accounts
The Kolkata Municipal Corporation.
From India, Calcutta
Thanks for your information. It is to ascertain whether S.A.E s may agitate in court of law if they are not getting the benefit of overtime work.
With Regards,
Mrityunjoy Biswas
Dy. Controller of Municipal Finance & Accounts
The Kolkata Municipal Corporation.
From India, Calcutta
Dear Mr.Biswas
The answer to your query raised in your last post depends on the nature of work performed by the Sub Assistant Engineer. The Factories Act by itself does not prescribe a remedy if the overtime wages are not paid to a "worker" as defined under the Factories Act. One has to look into the Industrial Disputes Act 1947. Section 33C(2) of the Industrial Disputes Act 1947 provides that "Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money ......may be decided by such Labour Court....within a period not exceeding three months." Therefore a "workman" as defined under section 2(s) of the Industrial Disputes Act, if he is also a "worker" as defined under the Factories Act, and if he is not paid overtime wages as provided for under the Factories Act, can file a petition under section 33C(2) of the Industrial Disputes Act and get the overtime wages. Now in the issue raised by you the Sub Assistant Engineer referred to by you may be a "workman" as defined under the Factories Act, but it is a moot point whether he is a "workman" as defined under section 2(s) of the Industrial Disputes Act. If the SAE is not a "workman" as defined under the Industrial Disputes Act he cannot file a claim under section 33C(2) of the Industrial Disputes Act. Alternatively the SAE can file a claim petition under the Payment of Wages Act if he comes within the applicability clause of the Payment of Wages Act contained in Section 1(4) read with section1(6) of the Payment of Wages Act. If both the Industrial Disputes Act and the Payment of Wages Act are not applicable to the SAE then in my view he can file a civil suit against the employer for the money due to him.
With regards
From India, Madras
The answer to your query raised in your last post depends on the nature of work performed by the Sub Assistant Engineer. The Factories Act by itself does not prescribe a remedy if the overtime wages are not paid to a "worker" as defined under the Factories Act. One has to look into the Industrial Disputes Act 1947. Section 33C(2) of the Industrial Disputes Act 1947 provides that "Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money ......may be decided by such Labour Court....within a period not exceeding three months." Therefore a "workman" as defined under section 2(s) of the Industrial Disputes Act, if he is also a "worker" as defined under the Factories Act, and if he is not paid overtime wages as provided for under the Factories Act, can file a petition under section 33C(2) of the Industrial Disputes Act and get the overtime wages. Now in the issue raised by you the Sub Assistant Engineer referred to by you may be a "workman" as defined under the Factories Act, but it is a moot point whether he is a "workman" as defined under section 2(s) of the Industrial Disputes Act. If the SAE is not a "workman" as defined under the Industrial Disputes Act he cannot file a claim under section 33C(2) of the Industrial Disputes Act. Alternatively the SAE can file a claim petition under the Payment of Wages Act if he comes within the applicability clause of the Payment of Wages Act contained in Section 1(4) read with section1(6) of the Payment of Wages Act. If both the Industrial Disputes Act and the Payment of Wages Act are not applicable to the SAE then in my view he can file a civil suit against the employer for the money due to him.
With regards
From India, Madras
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