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
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From India, Calcutta
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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 that cannot be joined together with the issue raised by you in this thread.
Regards,
From India, Madras
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181Regards,
From India, Madras
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Thank you for the information. I would like to ascertain whether S.A.E.s may take legal action if they are not receiving overtime benefits.
With Regards,
Mrityunjoy Biswas
Dy. Controller of Municipal Finance & Accounts
The Kolkata Municipal Corporation.
From India, Calcutta
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With Regards,
Mrityunjoy Biswas
Dy. Controller of Municipal Finance & Accounts
The Kolkata Municipal Corporation.
From India, Calcutta
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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 of 1947.
Section 33C(2) of the Industrial Disputes Act of 1947
Section 33C(2) 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 to claim the overtime wages.
Eligibility of Sub Assistant Engineer
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 debatable whether he fits the definition of a "workman" according to 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 falls within the applicability clause of the Payment of Wages Act contained in Section 1(4) read with section 1(6) of the Payment of Wages Act.
If neither the Industrial Disputes Act nor the Payment of Wages Act are 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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Section 33C(2) of the Industrial Disputes Act of 1947
Section 33C(2) 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 to claim the overtime wages.
Eligibility of Sub Assistant Engineer
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 debatable whether he fits the definition of a "workman" according to 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 falls within the applicability clause of the Payment of Wages Act contained in Section 1(4) read with section 1(6) of the Payment of Wages Act.
If neither the Industrial Disputes Act nor the Payment of Wages Act are 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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Legal Clarification on the Employment Right of Apprenticeship & Unauthorised Overtime.pdf
Dispciplinary Action.doc