Factory employees may claim overtime under the Factories Act through section 70, even if not statutory workers.

Section 70 of the Bombay Shops and Establishments Act was read as independently incorporating the overtime entitlement under the Factories Act for persons employed within a factory, even though they were not "workers" under section 2(1) of that Act. Section 59 of the Factories Act limits overtime wages to workers as defined there, but section 70 excludes the Bombay Act from applying to factory employees while making the Factories Act applicable to them notwithstanding anything in that Act. On that construction, the employees' overtime claims were maintainable.

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Issues: Whether section 70 of the Bombay Shops and Establishments Act, 1948 extends the overtime provisions of the Factories Act, 1948 to persons employed in a factory even though they are not "workers" within section 2(1) of that Act.

Analysis: Section 59 of the Factories Act grants overtime wages only to "workers" as defined in section 2(1). The Bombay Shops and Establishments Act separately regulates shops and commercial establishments, and its own overtime provision does not cover factory employees. Section 70, however, states that nothing in the Bombay Act shall apply to persons employed in or within the precincts of a factory and that the provisions of the Factories Act shall apply to such persons notwithstanding anything in that Act. Read in context, the provision was held to operate independently and to incorporate the relevant overtime entitlement of the Factories Act for factory employees, while excluding the application of the Bombay Act itself to them. The fact that the employees were not workers under section 2(1) did not prevent the extended application created by section 70.

Conclusion: Section 70 does extend the overtime provisions of the Factories Act to persons employed in a factory, even if they are not workers under section 2(1); the overtime claims were therefore maintainable.

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