JUDGMENT - 1. The petitioner is employed as a coolie in the Mains Department of the Bombay Gas Works belonging to the respondents. At the Gas Works, to which I will hereafter refer as the factory, gas is manufactured. This gas is supplied to consumers through pipes, which are connected to a storage lank. The duties of the petitioner are to excavate and dig trenches for the purpose of laying pipes, through which gas is transported to the customers. The petitioner does not, therefore, work within the premises of the factory, but outside at the places where the pipes are to be laid. The petitioner has been issued an identity card by the Chief Engineer of the factory. His attendance is marked at the place of his work, but his wages arc paid to him at the factory. If he wants leave, he has to go to the factory and apply to the Mains Overseer, whose office is situated there. The petitioner had worked overtime on certain days between December 1956 and November 1957. His remuneration consists of a basic wage and dearness allowance. Under Section 59 of the Factories Act, a worker is to be paid at twice his ordinary rate of wages, for overtime work done by him. The petitioner was, however, p

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