Back
High Court Of Madhya Pradesh
S. P. Bhargava and R. J. Bhave, JJ.
GURUSHARANSINGH BRIJBHUSANSINGH - Appellant
Versus
MANAGER, REWA TRANSPORT SERVICES - Respondents
Misc. Petn. 262 Of 1966
Decided On : 04/05/1967
(2) Minimum Wages Act, 1948 - S. 20 - claim by a bus conductor for overtime-lies before the Authority appointed under the Act-hours of work to be determined under the Motor Transport Workers Act, 1961 and minimum wages are fixed under the M. P. Minimum Wages Fixation Act, 1962 - application does not lie under the Payment of Wages Act.
(3) Minimum Wages Fixation Act, 1962 (M.P.) - S. 4 - workers in motor transport industry-minimum wages - recovery of overtime wages- application lies to the authority appointed under the Minimum Wages Act.
The petitioner, a conductor of the Rewa Transport Services applied before the Authority appointed under the Payment of Wages Act for recovery of overtime wages. This application was dismissed.
Held: Motor Transport is a 'scheduled industry', and the minimum wages for the workers in the industry have been fixed by the State of Madhya Pradesh under the M. P. Minimum Wages Fixation Act, 1962. Section 4 of the Act has made section 4-A, section 5 and sections 12 to 30 A of the Minimum Wages Act, 1948, and the rules framed thereunder, applicable to the minimum rates of wages fixed under the State Act. Thus, for all practical purposes, in the matter of minimum wages the petitioner is governed by the Minimum Wages Act, 1948. Section 13 of the Motor Transport Workers Act, 1961, deal with hours of work of the petitioner. The Payment of Wages Authority had no jurisdiction to entertain the application of the petitioner. [Para 2]
The proper authority to determine the claim is the authority appointed under the Minimum Wages Act, and not one appointed under the Payment of Wages Act. 1965 JLJ 518 relied on. [Para 3]
(4) Motor Transport Workers Act, 1961 - Ss. 2 (f) & 13-'hours of work' - import of the term-bus conductor-remaining in charge of cash of the master after his duty hours-no overtime can be claimed for such work.
The petitioner a bus conductor, claimed that he remained in charge of the cash of his master and the time during which he was required to keep this cash should be included in the hours of his work.
Held: It is not a work in connection with the transport vehicle, its passengers or its load, which is done outside the running time of the transport vehicle. The work of keeping the case thus does not come within the main part of clause (2) of the explanation under section 2 (f) of the Motor Transport Workers Act. Mere keeping of the cash with oneself cannot also be said to be work done in connection with accounts, the paying in of cash, the signing of registeres, the handing in of service sheets, the checking of tickets and other similar work. The petitioner's case is that there was no arrangement at the terminals to hand over charge. It is thus clear that he was not required to do any work at the terminals with respect to any of the matters enumerated above. Thus, sub-clause (i) of clause (2) of the Explanation is not attracted, Sub-clauses (ii) and (iii) are also not attracted, as there was no question of taking over and garaging the transport vehicle and travelling from the place where one reports to duty to the place where the vehicle is stationed. In any case, this will not account for more than 15 minutes at the terminals or at the headquarters at Rewa. The petitioner's case is also not covered by the other sub-clauses under clause (2) underneath the Explanation It is thus clear that it cannot be said that the petitioner has put in any 'hours of work' in excess of the number prescribed by section 13 of the Motor Transport Workers Act. The essence of the definition is that the worker must be at the disposal of the employer or of any other person to claim his services during certain hours. The definition also emphasises the fact that the hours spent on duty have relation to the running time of the transport vehicle. From the mere fact that at the terminal the petitioner remained in charge of the cash of his master, it cannot be inferred that the petitioner remained at the disposal of the employer and was not free to utilize the time during which the stage carriage halted at the terminal in any manner he liked. [Para 7]
( 1 ) THE petitioner is working as a conductor with the Rewa Transport Services. Rewa (respondent No. 1 ). The petitioner's application for recovery of overtime wages was dismissed by the Authority appointed under the Payment of Wages Act by order dated 19th September 1964. An appeal preferred by the petitioner was also dismissed by the Industrial Court M. P. , by its order dated 2nd March 1966. The petitioner by this petition under Article 226 of the Constitution seeks a writ of certiorari for quashing the said two orders and for issuance of a suitable direction to the Authority under the Payment of Wages Act to determine the overtime wages and to direct the payment thereof.
( 2 ) MOTOR transport is a 'scheduled industry', and the minimum wages for the workers in the industry have been fixed by the State of Madhya Pradesh under the m. P. Minimum Wages Fixation Act, 1962. Section 4 of the Act has made Section 4-A, Section 5 and Sections 12 to 30-A of the Minimum Wages Act, 1948, and the rules framed thereunder, applicable to the minimum rate of wages fixed under the state Act. Thus, for all practical purposes, in the matter of minimum wages the petitioner is governed by the Minimum Wages Act, 1948. Section 13 of the minimum Wages Act empowers the appropriate Government to fix the number of hours of work which shall constitute a normal working day, inclusive of one or more specified intervals and other matters. But Section 13 of the Motor Transport workers Act, 1961, has already covered this field and hence the State Govt. has nothing to do in this matter. Section 14 of the Minimum Wages Act then provides that an employer shall pay the worker for every hour or part of an hour for which the worker is required to work in excess of the normal working day at the rate fixed under the Act or under any law of the appropriate Government Rule 27 framed by the State Government under the Minimum Wages Act fixes such rate section 13 of the Motor Transport Workers Act also provides for payment at a fixed rate for overtime work under certain circumstances. Section 13 of the Motor Transport Workers Act provides that no motor transport worker shall work for more than eight hours in any day or forty-eight hours in any week. In case of long distance routes or on festive or other occasions, the employer may allow the worker to work for more than eight hours with the previous approval of the appropriate authority, or in case of breakdown or such other causes also the worker may be allowed to work for more than eight hours. In these cases the employer is required to pay overtime wages as prescribed under Section 13 of the Motor Transport Workers Act. But in those cases where the matter is not covered by Section 13, the only provision under which overtime wages can be claimed is Rule 27 framed under the Minimum Wages Act. In fact, the petitioner had relied on Rule 27. Shri Tankha, learned counsel for the respondent No. 1, urged that Section 13 of the Motor Transport Workers Act totally prohibits employment of a worker for more than eight hours a day excepting the special circumstances mentioned under that section and as such no claim for overtime wages can be made. This submission we shall consider hereafter. For the present, we shall assume that the petitioner is entitled to claim overtime wages under Rule 27 framed under the Minimum Wages Act. If this is so, in our opinion, the Pay-ment of Wages Authority had no jurisdiction to entertain the application of the petitioner.
( 3 ) OUR reasons are these: Section 20 of the Minimum Wages Act provides that the appropriate Government may appoint"the authority to hear and decide for any specified area all claims arising out of the payment of less than the minimum rates of wages or. . . . . or of wages at the overtime rate under Section 14 to employees employed or paid in that area. " thus, all claims for payment of less than minimum wages or less than the wages at overtime rate must be made to th
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
