In a Notification dated 5th November, 2020 the Labour and Employment Department, Government of Gujarat (“Department”) has rescinded its earlier Notification dated 20th July, 2020 granting exemption to all factories registered under the Factories Act, 1948 and has further directed all factories to pay overtime wages to all eligible workers who have been working since the issuance of the abovementioned Notification in accordance with *Section 59 of the Factories Act, 1948.
Background:
The Department, in its previous Notification dated 20th July, 2020 had exempted all factories registered under the Factories Act, 1948 (“Act”) from various provisions relating to weekly hours, daily hours, intervals for rest etc. of adult workers from 20th July, 2020 till 19th October, 2020.
Thereafter, the Gujarat Mazdoor Sabha and Ors. filed a Writ Petition challenging the Notification before the Hon’ble Supreme Court of India wherein the Hon’ble Supreme Court had allowed the Writ Petition had quashed the abovementioned Notification dated 20th July, 2020 and directed that overtime should be paid to all eligible workers.
In light of the said judgment of the Hon’ble Supreme Court, the Department has issued the present Notification.
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*Section 59 of the Factories Act, 1948 deals with Extra wages for overtime
Source : Labour and Employment Department, Gujarat
