Factory employees' overtime rights expanded through Section 70 override, while supervisory-status findings determined maintainability.

Section 70 of the Bombay Shops and Establishments Act was construed to extend the Factories Act to all persons employed in and in connection with a factory, so factory employees could claim overtime wages under section 59 even if they were not "workers" under the Factories Act. The non-obstante clause in section 70 was treated as overriding contrary exemption provisions in section 64 of the Factories Act and Rule 100, so those provisions could not defeat the overtime entitlement. On the evidence, the respondents other than Senior Supervisors and Supervisors were also treated as workmen for section 33C(2) purposes, and their claim was maintainable.

---

---

Issues: (i) Whether persons employed in a factory, though not "workers" within the meaning of the Factories Act, 1948, can claim overtime wages under section 59 of that Act by virtue of section 70 of the Bombay Shops and Establishments Act, 1948. (ii) Whether the exemption machinery under section 64 of the Factories Act, 1948 and Rule 100 framed thereunder excludes such employees from the benefit of section 59 when read with section 70 of the Bombay Shops and Establishments Act, 1948. (iii) Whether the respondents, except those found to be Senior Supervisors and Supervisors, were workmen entitled to maintain proceedings under section 33C(2) of the Industrial Disputes Act, 1947.

Issue (i): Whether persons employed in a factory, though not "workers" within the meaning of the Factories Act, 1948, can claim overtime wages under section 59 of that Act by virtue of section 70 of the Bombay Shops and Establishments Act, 1948.

Analysis: Section 70 was construed as having two parts: it excludes the Bombay Shops and Establishments Act from a factory, and it simultaneously applies the Factories Act to all persons employed in and in connection with a factory. The non-obstante words were treated as enlarging the application of the Factories Act beyond persons who are technically "workers" under section 2(i). The prior binding construction of the same provision was followed.

Conclusion: Yes. Employees in a factory can claim overtime wages under section 59 through section 70 even if they are not "workers" under the Factories Act, 1948.

Issue (ii): Whether the exemption machinery under section 64 of the Factories Act, 1948 and Rule 100 framed thereunder excludes such employees from the benefit of section 59 when read with section 70 of the Bombay Shops and Establishments Act, 1948.

Analysis: The non-obstante clause in section 70 was held to prevail over contrary provisions in the Factories Act itself, including the exemption provisions. The effect was that section 64 and Rule 100 could not be invoked to deny overtime wages to persons to whom section 70 made the Factories Act applicable. The suggested anomaly was treated as a matter for legislative correction, not judicial restriction.

Conclusion: No. Section 64 and Rule 100 do not displace the entitlement conferred by section 70 read with section 59.

Issue (iii): Whether the respondents, except those found to be Senior Supervisors and Supervisors, were workmen entitled to maintain proceedings under section 33C(2) of the Industrial Disputes Act, 1947.

Analysis: The finding on workman status rested on appreciation of evidence regarding duties and functions. The factual conclusion that the relevant respondents were industrial employees, except those in the supervisory categories, was upheld as one not warranting interference.

Conclusion: The finding of workman status was upheld for the eligible respondents, and the challenge to maintainability failed.

Final Conclusion: The employees were held entitled to overtime wages under the combined operation of section 59 of the Factories Act, 1948 and section 70 of the Bombay Shops and Establishments Act, 1948, and the challenge to the maintainability and entitlement of the claim substantially failed.

Ratio Decidendi: Where section 70 of the Bombay Shops and Establishments Act, 1948 applies the Factories Act to all persons employed in a factory notwithstanding anything contained in that Act, the non-obstante clause overrides the Act's internal exemption provisions and enables factory employees to claim overtime wages under section 59 even if they are not "workers" under the Factories Act, 1948.

---