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1957 Supreme(Bom) 5

J.C.SHAH, B.N.GOKHALE
Valajibhai Avcharbhai and Ors – Appellant
Versus
Chimanlal Hemraj Joshi and Anr – Respondent


Judgment -

1. The petitioners are employees of an establishment belonging to the first respondent known as Chandra-Vilas Hindu Hotel at Ahmedabad. The first respondent is the person responsible for payment of wages to the petitioners. The petitioners applied by Application No. 849 of 1955 to the Payment of Wages Authority, Ahmedabad, for an order for payment of overtime wages. It was the case of the petitioners that the establishment of the first respondent was a factory within the meaning of the Indian Factories Act, 1948, and that the petitioners worked every day for periods longer than the maximum periods prescribed under the Factories Act and by virtue of Section 59 of that Act the petitioners were entitled to overtime wages. The petitioners accordingly claimed overtime wages for the period from 1st December 1954 to 1st November 1955. This application was resisted by the first respondent. He contended inter alia that the Payment of Wages Authority had no jurisdiction to hear the application, that it was barred by the law of limitation, that Chandra Vilas Hindu Hotel was not a factory but it was a restaurant as defined in the Bombay Shops and Establishments Act, 1948, and that it








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