Court : Central Administrative Tribunal CAT Mumbai
Decided on : Jan-03-2014
1. This is joint petition filed by the Employees' Union and one of its members/ employees challenging the Office Memorandum dtd. 26.06.2009 issued by Government of India, Ministry of Defence by which the House Rent Allowance/Transport Allowance/Small Family Allowance was excluded for the purpose of computing Overtime Allowance admissible to the employees under the provisions of the Factories Act, 1948. 2. The only grievance put forth on behalf of the employees is exclusion of the HRA/Transport Allowance/Small Family Allowance for the purpose of computing Overtime Allowance, which the employees were getting previously by virtue of the provisions of sub-Section 1 and 2 of Section 59 of the Factories Act, 1948, which specifically provides that where a worker who works for more than nine hours in any day or for more than 48 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. Sub-section (2) explains the term ordinary r...
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