Today we be studying section 51 to sec 66 dealing with working hours of adult,
section 51 deals with the max no of hours an adult can work in a week, it states that no adult
worker shall be required or allowed to work for more than 48 hours in a week national textile
corporation vs labour court Jaipur, sec 51 puts an embargo on powers of employer… the purpose
behind this no doubt the employers pays the employee but that does not give him power to
arbitrarily exploit it as human body have its own limitations
section 52 deals with weekly holidays… it states that no adult worker shall be required to work in a
factory on the first day of the week… the first day of the week is usually Sunday.. but there are
certain conditions if fulfilled the employee can work on Sunday also.. that are
if within 3 days before or after the said holiday he gets a full day leave and
the manager delivers a notice to the inscpector of the said working day and lastly the said notice
shall be published on the factory premise.
Working hours will be calculated in the preceding week and not succesding.
Section 53. as a result of section 52 a worker is deprived of weekly holiday he shall be allowed a
compensatory holiday within the month in which holiday was due or within 2 months immediately
following that month
Procedure to be set of sg
Section 54: is a imp section dealing with daily hours of work, it states that subject to section 51 no
adult worker shall be allowed to work for more than 9 hours a day. So daily limit is set to 9 hours
that is subject to weekly limit of 48 hors- 54 hours
Chief inspector permission required
Section 55 deals with interval for rest, it states a adult worker shall not work for more than 5 hours
continuously, after than a break of 1 hour is necessary, the limit can be increased with the approval
of sg or cr, but the limit even after approval cannot exceed more than 6 hours.
Section 56: deals with spreadover, it states that the total period of work shall be so arranged the
working hour of adult shall not be more than 10.5 hours including the rest perios.
Ci can increase to 12 hours.
Secttion 57 deals with night shift it states that if the worker works at night shift his holiday under
section 52 and 53 shall be counted for 24 consecutive hours beginning after his shift ends.. and the
work done by worker after mid night shall be calculatd in the preceding working day.
Section 58, deals with prohibition of overlapping of shifts.. it states that
Section 59 deals with extra wages for overtime…. Now we have studied in sec 51 and 54 that a
worker is not required to work for more than 9 hours and 48 hours.. now section 59 states that
where a worker works for more than 9 hours a day or 48 hours a week he is entitled for extra wages
and the extra rate of wages shall be twice the ordinary rate of wages
Now the question what is ordinary rates of wages. Org include basic pay+ allowance +.. cash
equivalent of advantage accuring through thr concessional sage of foodgrains but does not include
bonus or wages for overtime…
Now the question what if the worker is being paid on piece rate wages…. Deemed to be equivalent
to daily average of there full time earning of a same or identical job during the month immediately
preecing the calender month if no job done during previos months and average of piece rate.
Cash equivalent= standard family
59(5)
Section 60 deals with restriction on double employment: states that no adult worker shall be
required or allowed to work in any factory on any day on which he has already been working in any
other factory..
Section 61: deals with notice for period of work..it states that a notice of period of work for adults
showking clearly everyday the period during which adult worker may be required to work
2.The notice period on (1) shall not be in contravention with 51-52-54-55-56 and 58
3. where all the workers work in the same time period the time period can be fixed by the manager
4. not required to work in shifts may fix that time period
5. where all the adult workers not required to work during the same period.. the manager of fatory
shall classify them into groups acc to nature of there work indicating the no of workers in each group
6. if there is no predetermined periodical changes in the shift or relay the manager shall fix the
period during each relay of shift is required to work.
7. where pre determined manager fix
8. empowers the sg to prescribe forms of the notice and manner in which it shall be maintaianed.
9. . notice in duplicate to inspector
10. any change.. before change to inspector.. and cannot change1 week.
62 deals with register of adult worker
63 no adult worker shal be required or allowed to work in a factory otherwise then in accordance
with notice.
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