Casual overtime employment of labor paid for in compliance with Section 59 of the Factories Act, 1948 is not an offense under the Act.

( 1 ) THE petitioner herein is the manager of a rice mill at Rajampet known as Sri Seetharamanjaneya Rice Mill which is admittedly a factory within the meaning of Section 2 (m) (1) of the Factories Act of 1948. The petitioner was convicted for contravening Section 63 of the Factories Act in that he allowed nine adult male workers to carry on work in the factory on 23-6-1956 beyond time. The Chief Inspector of Factories, P. W. 1, inspected this factory on that day at 8-20 P. M, and found the nine adult workers working in the factory. The petitioner was accordingly charged under Section 92 of the Factories Act, for contravention of Section 63 thereof, by allowing 9 workers to work beyond the usual time fixed.

( 2 ) THE petitioner contends that he was only taking work from these workmen from 7-45 p. m. to 8-20 p. m. as a special case in order to complete the rice hulling work undertaken on behalf of D. W. 2.

( 3 ) THE simple point for consideration is, whether the petitioner has committed any offence and if so, under what provision of law he could be convicted. Section 92 provides that where there is any contravention of any of the provisions of this Act or of any rule made thereunder or of any order in writing given thereunder the occupier and manager of the factory shall each be guilty of an offence and shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 500. 00 or with both.

( 4 ) THE learned Judl. 1st Class Magistrate who tried the case was of the opinion that no exemption has been granted by the State Government to the rice mills under Section 64 of the Act and as R. 84 of the rules framed by the State Government, under this section had not exempted rice mills generally, the petitioner cannot take advantage of this section, that as he allowed workers to work in his factory beyond the schedule of timings specified in Ex. P-2 there has been a violation of the mandatory provisions contained in Section 63 and hence the petitioner is shown to have contravened the said section. So holding, he sentenced the petitioner to a fine of Rs. 20. 00 and in default to suffer simple imprisonment for a period of three weeks. The point for consideration is, whether the order of the learned Judl. 1st Class Magistrate could be supported under the provisions of the Factories Act.

( 5 ) IT is true that Section 63 of that Act provides that no adult worker shall be required or allowed to work in any factory otherwise than in accordance with the notice of periods of work for adults displayed in the factory and the entries made beforehand against his name in the register of adult workers of the factory. But the petitioner contends that Section 59 of the Act makes provision for payment of overtime. Section 59 of the Act runs as follows : -- "extra wages for over time:-- (I) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in a week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages, (2) Where any workers in a factory are paid on a piece rate basis, the State Government, in consultation with the employer concerned, and the representatives of the workers shall, for the purposes of this section, fix lime rates as nearly as possible equivalent to the average rate of earnings of those workers, and the rates so fixed shall be deemed to be the ordinary rates of wages of those-workers. (3) xxxxx (4) xxxxx (5) The State Government may make rules prescribing : -- (a) the manner in which the cash equivalent of the advantages accruing through the confessional sale to a worker of food grains and other articles shall be computed; and (b) the registers that shall be maintained in a factory for the purpose of securing compliance with [he provisions of this section. " His contention is that as Section 59 recognises the payment of extra wages for overtime work and as there is n