- (1.)THIS Rule was obtained by the employer M/. Carew and Co. Ltd. and it is directed against an appellate order of the learned Chief Judge, Small Cause Court, Calcutta, in an appeal under section 14 (6) (a) of the West Bengal Shops and Establishment Act, 1963, (hereinafter referred to as "the Act" ).
(2.)THE facts that be in a short compass may be stated as follows : the opposite party No. 1, Sailaja Kanta Chatterjee is a clerk under the petitioner's company. His salary was raised from Rs. 582-590 and odd per month inclusive of dearness allowance at the relevant time. During the period January 1966 to March 1968, he had done overtime work for a total period of 10431/2 hours and as such he was entitled to recover from the petitioner's company the total overtime wages amounting to Rs. 1730. 36 calculated at one and half time of his basic salary. On or about 15th May, 1968, he made an application under section 14 (2) of the Act against the petitioner before the authority under the said Act for recovery of the aforesaid deducted overtime wages.
(3.)THE employer company resisted the employee's claim on the ground that rate of overtime wages at 11/2 time of the ordinary rate as provided in the Act would be applicable only in cases where the total. work inclusive of overtime work exceeds the statutory limit of 43 hours. It is not disputed that the opposite party No. 1 had done overtime work but he was paid proportionate wages at a single rate.