( 1 ) DOES a worker who is otherwise entitled to the protection of Payment of Wages Act forfeit the protection of the Act if he works overtime and claims overtime Wages in case his contractual wages along with the claim for overtime exceed the statutory limit and will the Act cease to apply to him in that event ? That is the question which has climbed to the top in this petition under Article 227 of the Constitution of India invoked by a Boiler Attendant who was attending to the boiler installed in a factory belonging to the respondent at Jamnagar known as Bajrang Mills and Fertiliser Co. during all the three shifts every day. He has challenged the impugned order passed by the learned Assistant Judge of Jamnagar exercising appellate powers under sec. 17 of the Payment of Wages Act of 1936 hereafter called the Act where by the learned Assistant Judge has set aside the award for Rs. 14850. 00 made by the Payment of Wages Authority in favour of the petitioner and rejected the application made by the petitioner in toto. The learned appellate Judge has rejected the application of the petitioner inter alia on the ground as regards the applicability of the Act itself thou