Dua, J. - (1.) This appeal by special leave is directed against the order of a learned Single Judge of the Allahabad High Court affirming on revision under Section 115 Civil P. C. the order of the learned Additional District Judge, Jhansi, who had allowed the respondent's appeal from the order of the learned City Magistrate, Jhansi, made on an application presented by the respondents under Section 15 of the Payment of Wages Act IV of 1936. The City Magistrate was the "authority" appointed under Section 15 and the District Court was the court of appeal under Section 17 of the said Act. The respondents through the Assistant Secretary of the National Railway Mazdoor Union Work Shop Branch, Jhansi had asserted in their application under Section 15 that they were workers within the meaning of Section 2 (1) of the Factories Act (63 of 1948) and complained that they were denied wages for overtime work done by them on the erroneous ground that they were not workers within the aforesaid provision. The learned Magistrate held that the respondents had been entrusted with purely clerical duties and they were not connected in any manner with the manufacturing process. On this conclusion their application was dismissed.
(2.) On appeal the learned Additional District Judge disagreed with this view and came to the conclusion that the work done by the respondents was incidental to or connected with the manufacturing process. It was observed in the order that some of the respondents were entrusted with the duty of checking the time of work of each worker in the workshop, a few others were time-keepers and the remaining respondents prepared account sheets on the basis of the time sheets and did other work incidental to the running of the work-shop including payment of wages to the staff of the workshop and the office. The High Court on revision, as already observed, affirmed the order of the learned Additional District Judge.
(3.) On appeal in this Court the short question we are called upon to decide is whether the respondents, who are time-keepers fall within the purview of the definition of "worker" as contained in Section 2 (1) of the Factories Act.;