BEFORE THE AUTHORITY UNDER PAYMENT OF

WAGES ACT 1936 AND JOINT COMMISSIONER OF

LABOUR :: GUNTUR ZONE :: GUNTUR
P.W.CASE No.6/2009
BETWEEN:Andhra Pradesh State rep.by
The Assistant Labour Officer-1,
Ongole.

Applicant
Vs

Sri B.Jayanth Babu,

S/o Venkaiah,
Managing Director,
Agro Products Pvt. Ltd., Gundlapalli,
Prakasam District.

Opp.party

WRITTEN STATEMENT FILED ON BEHALF OF THE

OPPOSITE PARTY
1.

This petition is neither just, nor maintainable under law or on facts

and has to be dismissed in limini.

2.

This Opp.party denies all the allegations made in the petition affidavit,

except those that are specifically hereunder to be true and puts the applicant
for the strict proof of the same.
3.

It is not true to suggest that the workmen are working 12 hours a day

including lunch and tea time and the Opp.party has not paid over time
wages. The spread over is even 12 hours, the working hours are only 8
excluding the rest intervals.
4.

The applicant and Assistant Labour Officer-1, Ongole has no

jurisdiction to file this application and hence the Authority has to decide the
jurisdiction of the applicant to file this petition as a predeminary plaint.
5.

This Opp.party humbly submits that the joint inspection team consists

of labour, factories, E.S.I, and P.F. Officials have inspected the Mahi Agro
Private Products Limited, Gundlapalli Village on 28-04-2009 at 3 P.M.
Mahi Agro Private Products Limited situated at Gundlapalli is a factory

registered under Factories Act 1948 as 2m(1) factory. Inspector of Factories,

Ongole is the notified inspector under Factories Act 1948.

The applicant

and the Assistant Labour Officer-1, Ongole is not a notified Inspector under
Factories Act.

He is the notified Inspector under Minimum Wages Act

1948. Sec.14(2) of the Minimum Wages Act 1948 says nothing in this Act
shall prejudice the operation of the provisions of [sec.59 of the Factories
Act, 1948, in any case where those provisions are applicable. Sec.14(2) of
Minimum Wages Act 1948 made the provisions of sec.59 of the Factories
Act 1948 is applicable. As the applicant is not an Inspector under Factories
Act 1948, he has no jurisdiction to file this claim petition. The inspector of
Factories, Ongole only has the jurisdiction to file a claim petition for the
over time wages for the establishments which were registered under
Factories Act 1948. Hence I request the Authority under Payment of Wages
Act 1936 to decide the jurisdiction of the applicant to file this application as
a preliminary plaint.
6.

This Opp.party further humbly submits that in the claim petition the

applicant has covered 105 workers, out of them 38 workers are belonging to
the supervision and confidential position in the Factory.

As per the

provisions of Factories Act 1948, and Rules 1950 the provisions regarding
working hours, rest intervals, spread over, weekly holidays, and over time
etc., shall not applied to persons holding position of supervision or
management or who are employed in confidential position in a Factory.
7.

This Opp.party further humbly submits that the section 59 of the

Factories Act says where a worker works in a factory for more than 9 hours
in any day or for more than 48 hours in any week, he shall, in respect of over
time work be entitled to various at the rate of twice his ordinary rate of
wages. Rule-84(b)(iv) of the A.P. Factories Rules 1950 says the total no.
of hours of over time shall not exceed 50 in any one quarter of the calendar
year.

Hence as per the Factories Act 1948 u/s 59 r/w rule 84(b)(iv) the

Inspector having jurisdiction to file a claim petition for over time wages can
only file not exceeding 50 hours for a quarter. This claim petition covered
two quarters of a year i.e., from 01-10-2008 to 31-12-2008 and 01-01-2009
to 31-03-2009 and claimed over time wages for 468 hours. As per the

provisions of the Factories Act & Rules the claim petition has to remit for
100 hours only.
8.

This Opp.party further humbly submits that Mahi Agro Private

Products Limited, situated at Gundlapalli is a seasonal factory and the

workers working in the factory used to work for 8 hours in a day even the
spread over is 12 hours. The peek working hours of the factory is 8 to 10
A.M., and 6 to 8 P.M. The daily labour will be divided into 2 batches and
both the batches commence work at 8 A.M. The 1 st batch will go for rest
from 10 A.M to 12 noon, and 4 P.M to 6 P.M. Another batch will take rest
from 12 noon to 4 P.M., and hence there will not be any over time work to
any daily labour in the establishment.
9.

This Opp.party further humbly submits that in the above said facts and

circumstances this Opp.party therefore prays to the Authority may be

consider the aspects and may be pleased to dismiss the claim application.
Prayed for orders accordingly.
Be pleased to Consider

ADVOCATE FOR OPP.PARTY

OPP.PARTY

It is hereby declared that whatever sated above is true and correct to the
best of my knowledge, belief and information. Hence verified.

Dt:-

OPP.PARTY

BEFORE THE AUTHORITY UNDER

PAYMENT OF WAGES ACT 1936
AND JOINT COMMISSIONER OF
LABOUR :: GUNTUR ZONE ::
GUNTUR

P.W.CASE No.6/2009

WRITTEN STATEMENT FILED ON

BEHALF OF THE OPPOSITE PARTY

FILED BY:-