The respondents failed to give overtime allowance either according to section 58 of the Factories Act 1965 read with Rules 70 of the Factories Rule 1979 or a letter issued by Chief Inspector of Factories and Establishment which states that overtime allowance shall be calculated on the basis of twice the basic wages which has been provided as an interpretation of the law.
A Rule Nisi was issued upon the Respondents to show cause as to why the inaction of the respondents in not giving overtime allowance according to section 58 of the Factories Act 1965 read with Rules 70 of the Factories Rule 1979 should not be declared to be without lawful authority and of no legal effect, and the letter issued by respondent no 4 stipulating overtime allowance to be calculated at twice the basic wages should not be declared to have been issued without lawful authority and of no legal effect and/ or pass such other further order or orders as to the court may seem fit and proper.
Mr. Justice Nazrul Islam Chowdhury
Mr. Justice Md. Rezaul Haque
Constitution; Factories Act, 1965;
Factories Rules 1979
The respondents failed to give overtime allowance either according to section 58 of the Factories Act 1965 read with Rules 70 of the Factories Rule 1979 or a letter issued by Chief Inspector of Factories and Establishment which states that overtime allowance shall be calculated on the basis of twice the basic wages which has been provided as an interpretation of the law.
A Rule Nisi was issued upon the Respondents to show cause as to why the inaction of the respondents in not giving overtime allowance according to section 58 of the Factories Act 1965 read with Rules 70 of the Factories Rule 1979 should not be declared to be without lawful authority and of no legal effect, and the letter issued by respondent no 4 stipulating overtime allowance to be calculated at twice the basic wages should not be declared to have been issued without lawful authority and of no legal effect and/ or pass such other further order or orders as to the court may seem fit and proper.
Mr. Justice Nazrul Islam Chowdhury,
Mr. Justice Md. Rezaul Haque
Constitution; Factories Act, 1965;
Factories Rules 1979