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brijendrasingh   13 July 2015

Working hours of the drivers in mumbai

Ours is a Garment Manufacturing Unit , located in Mumbai suburban and covered under the factory act. All factory staff & employees carry out 08 hrs duty, and if required, work overtime and are getting overtime as per the rules. The issue is pertaining to the driver who are on the company payroll and their working hours are fixed for 12 hrs . I had previously suggested the spread over of their duties be adjusted to 10.5 hrs will intervals/rest, as allowed in the factory act. Likewise, when the workmen are paid overtime, that will also make the drivers eligible for overtime but the management turned it down. (Here, i would also like to mention that during my tenure in my previous company at Santacurz (Mumbai) the drivers were working n 12 hrs shift). The issue was once again discussed with the company advocate, who also agreed that it’s a standard practice of drivers working for 12 hours in private companies . The gross salaries of the drivers were also discussed and its was felt by the advocate that presently the salary of the drivers are good and the annual increment of Rs. 950 /- for each driver is also good. I don’t understand when everything is so clear in the factory act, how can a 12 hrs shift be made acceptable by the company advocate?  Here,. Isn’t he misguiding the Management? Can any body suggest a solution for this??


 4 Replies

Kumar Doab (FIN)     13 July 2015

From your post it is felt that you have understanding of the basic matter.

It is appreciated.


It is also appreciable that you have referred to the Company's lawyer/legal cell, and you want to be fair.


Let this advocate wet its own opinion in writing to Board and let it be routed to you from the Board, and thus no one fires from your shoulder.


For your reckoner you may pursue the following and you should be able to counter the lawyer's opinion.:



---Motor Transport Workers Act,1961



13. Hours of work for adult motor transport workers





25. Act 4 of 1936 to apply to payment of wages to motor transport workers

26. Extra wages for overtime

27. Annual leave with wages


---Bombay High Court

Ahmedabad Manufacturing And ... vs District Judge, Ahmedabad And ... on 24 September, 1959


5. By S. 51 of the Act weekly hours of work are prescribed and it is provided that no adult worker shall be recruited or allowed to work in a factory for more than 48 hours in any week. By S. 54 it is provided that subject to the provisions of S. 51, to adult worker shall be required or allowed to work in a factory for more than nine hours a day. By S. 55 intervals for rest are prescribed. By S. 59(1) it is provided that where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, be entitled to wages at the rate of twice his ordinary rate of wages.

13. In our view, therefore, the Courts below were right in a warding the overtime compensation to the three motor-lorry drivers employed by the petitioners.

14. In that view of the case, the rule will stand discharged with costs.



---Bombay High Court

Suresh Pandurang Gawandi vs Works Manager, Maharashtra State ... on 22 August, 1991


---S. 59 of the Factories Act: that the worker shall not be required or allowed to work for more than nine hours in any day and not more than 48 hours in any week and that if the workers are required to work overtime they are entitled to compensation at the rate prescribed by S. 59 of the Factories Act.


---Payment of Wages Act


1 Like

darshana sawant (associate consultant)     14 July 2015

dear mr singh,

Each and every workman is covered under the factories act so the hours of work are also the same and the provisions of overtime, therefore non payment of overtime at double the rate of ordinary wages will amount to violation.


brijendrasingh   16 July 2015

Thanks for the advice on this page. I do really appreciate it. 

Kumar Doab (FIN)     16 July 2015

You are welcome.

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