VidhiSangh

Supreme Court of India · 18/04/2023

SECURITY PRINTING AND MINTING CORPORATION OF INDIA LTD. & ORS. ETC versus VIJAY D. KASBE AND ORS. ETC

[2023] 4 S.C.R. 246 · 2023 INSC 388

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Summary

Supervisors in Government presses and mints, later transferred to the Security Printing and Minting Corporation, claimed double overtime allowance under Section 59(1) of the Factories Act, 1948 for 1988 to 2005. The Central Administrative Tribunal reached opposite findings in two sets of cases on whether they did manual or clerical work so as to fall outside the exemption in Rule 100 of the Maharashtra Factories Rules, 1963, and the Bombay High Court upheld the claims. The Supreme Court allowed the Corporation's appeals: the respondents were holders of civil posts under the Union governed by statutory rules under Article 309, including Fundamental Rule 11 placing their whole time at the Government's disposal without additional remuneration, so they could not claim Factories Act benefits dehors the service rules; in any event their duties involved no manual or clerical work.

Issues

  1. Whether persons employed as Supervisors in Government presses and mints, being holders of civil posts under the Union, are entitled to double overtime allowance under Section 59(1) of the Factories Act, 1948 dehors the service rules framed under Article 309 of the Constitution.
  2. Whether such Supervisors are exempted from Chapter VI of the Factories Act by Rule 100 of the Maharashtra Factories Rules, 1963, and whether the proviso excluding persons performing manual labour or clerical work applies to them.

Provisions considered

Held

Result

Appeals allowed; common order of the Bombay High Court dated 28.06.2018 set aside; the appellants directed not to effect any recovery from employees to whom payments have already been made; no order as to costs.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 246.