(1) Where an employee is required to work in an establishment for more than nine hours in any day or for more than forty-eight hours in any week, he shall be entitled in respect of the overtime to wages at the rate which shall be twice the ordinary rate of his wages.
Explanation.— For the purpose of this section, the expression “ordinary rate of wages”, in relation to an employee means the basic rates of wages and such allowances as the employee is for the time being entitled to but does not include a bonus.
(2) The State Government may prescribe the registers that shall be maintained in an establishment for the purpose of securing compliance with the provision of this section.
Comments & Case-law [‘Overtime’ in the context of working hours means the period in excess of prescribed working hours. M/s Phillips India Ltd. v. Labour Court, AIR 1985 SC 1034 : 1985 Lab. IC
854.
A workman must be paid overtime wages if he is detained beyond the prescribed hours of work. Even if a worker serves on a waiting customer for fifteen minutes beyond the prescribed period, he must be paid overtime charges for fifteen minutes and failure to pay it, is an offence. AIR 1952 Mad. 43.
22| Bihar Shops & Establishments Act, 1953 | Sec. 18-21
1. Subs. by ibid.
Where duties, responsibilities etc. are the same for both categories of employees, there is no justification to grant lesser pay to one group as compared to the other. M.P. Singh v. Union of India, 1988 (2) SLJ 95.
Where an employer prescribes normal working hours which are less than the maximum permitted by statute and later on seeks to take work in excess of his own prescribed hours of work, the employer renders himself liable to pay overtime wages at rate higher than the ordinary rate of wages. Anything in excess of normal time of work is overtime work. Haryana Apex Co-operative Bank v. Registrar, 1989 (1) SLJ 124.]