Judgment

WANCHOO, J. : The main question raised in this appeal by special leave is about the jurisdiction of the Authority appointed under the Payment of Wages Act, No. IV of 1936. The brief facts necessary for the purpose are these. The appellant is The Bombay Gas Company Limited (hereinafter called the Company). The respondent belongs to the class of meter readers and their assistants working under the company. It appears that there was a dispute between the appellant and its workmen which was referred to the industrial tribunal, Bombay in 1952. There were a number of demands in the schedule to the reference, but we are concerned only with one, namely, demand No. 4, which was in these terms:

"Meter-readers and their assistants should get overtime wages for all extra work beyond eight hours per day on all week days and for afternoon Saturdays and Sunday work."

The tribunal gave its award in November 1953. On this demand, it was conceded by the workmen before the tribunal that meter readers and their assistants (hereafter called these workmen) were not governed by the Factories Act, No. LXIII of 1948, even though they were workmen of the company. That is why the dispute was raised in