Judgment

AHMADI, J.:- Special leave granted.

2. The workmen of the Ordnance Clothing Factory, Avadi, Madras are represented by the petitioner / appellant Union. The workers of the factory are divided into two categories, namely, (i) day workers and (ii) piece rated workers. The day workers are paid wages in the time scale of Rs. 260-400 on the basis of their actual attendance whereas the piece-rated workers are paid on actual output or production calculated on the basis of time required for making the item by multiplying the same by the hourly rate worked out by dividing the mean of the time scale by monthly working hours e.g., Rs. 330-195 hurs = Rs. 1.69 (Rs. 330/ - being the mean of the time scale of Rs. 260-400 and 195 hours being the total monthly hours).

3. The appellant-Union contends that the daily normal working hours of the workmen are 8 during the week except on Saturdays when the working hours are 4-3/4 only. Thus the total working hours during the week come to 44-3/4 hours. If the piece-rated workers are required to work beyond the aforesaid normal working hours they are entitled to overtime wages under Section 59 of the Factories Act, 1948. That section, insofar as is rel