P. B. Gajendragadkar, J. - (1.) This group of 174 appeals by special leave arises from the several applications made against Mr. B. P. Hira, Works Manager, Central Railway Workshop and Factory, Parel, Bombay (hereafter called the appellant) by the employees at the said factory (hereafter called the respondents) under the Payment of Wages Act, 1936 (4 of 1936) claiming payment of overtime wages since 1948. All these applications were heard by the Payment of Wages Authority, Bombay, as companion matters and they have been disposed of by a common judgment. The main judgment has, however, been delivered by the said Authority in the application filed by Mr. C. M. Pradhan (hereafter called the respondent) which gives rise to Civil Appeal No. 131 of 1957 before us. We would therefore, deal with this appeal in particular and our decision in this appeal will govern the rest of the appeals in this group.
(2.) In his application made before the Payment of Wages Authority the respondent alleged that he had been employed in the factory called the Central Railway Workshop and Factory, Parel, Bombay, and that he had not been paid overtime wages due to him from 1-4-1949, to 30-9-1954. The respondent claimed that the delay made by him in filing the present application should be condoned because jointly with his co-workers he had been in correspondence with the railway administration in regard to the said payment of overtime wages since 1948 and that the claim made by him and his colleagues had been finally rejected by the railway administration on 31-8-1954. His case was that he had filed the present application soon thereafter and so the delay made by him in making the claim before the Authority should be condoned. The Authority heard the parties on the question of delay and held that the delay only in respect of the claim for the period after May 1953 should be condoned. In the result the claim for overtime wages for the period prior to 19-5-1953, was rejected on the preliminary ground of delay whereas the claim for the period subsequent to the said date was considered on the merits.
(3.) The respondent's case was that he was entitled to the overtime wages for work on such Sundays when he was not given a holiday within three days prior to or three days subsequent to the Sundays on which he worked. The appellant conceded that the respondent had not been given a holiday within the three days prior to or the three days subsequent to the Sundays on which be had worked as required by S. 52 of the Indian Factories Act. The respondent alleged that he was a worker within the meaning of S. 2, sub-s. (1) of the said Factories Act (LXIII of 1948) and as such he was entitled to overtime wages under S. 59 of the said Act. Alternatively he urged that even if he was not a worker within the meaning of S. 2 (1) of the said Act, he would nevertheless be entitled to overtime wages under the said S. 59 by reason of S. 70 of the Bombay Shops and Establishments Act, 1948 (Bom. 79 of 1948) (hereafter called the Act). Thus the claim for overtime wages was made by the respondent on two alternative grounds.;