Shift Scheduling Dilemma: Should Late Arrivals Count Towards Overtime?

One employee working in the general shift (9 to 5:30) was late by two hours on a particular day due to urgency. After the regular shift timings, he worked an additional 2 hours of overtime. During the shift, he only worked for 6 hours, and then he worked 2 extra hours as overtime. The question is whether these 2 hours should be considered as overtime or not.

Thank you.

Dear Kumaraswami,

I may not be wrong if I say that a certain degree of situational management is required from a seasoned manager to avoid such a question of law arising out of an extraordinary fact situation.

First and foremost

How was the employee allowed to the shift two hours late? Had he not been allowed, the question would not have come up.

Second

Whether the delay was condoned by the manager because the work was of such importance and possibly could be completed within the remaining hours of the shift.

Third

Whether the urgency of the work made the manager require the employee to work beyond his normal shift hours.

If the answers to the last two questions are "yes," in my opinion, the employee should be paid OT wages without linking his late attendance for that particular shift.