High CourtsSingle Bench(1951) 07 MAD CK 0002

In Re: M.L. Dalmia

Madras High Court · Decided on 11 July 1951 · Citation: AIR 1952 Mad 197 : (1951) 2 MLJ 525

HON’BLE JUDGES
Somasundaram, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision Case No. 1321 and Criminal Revision Petition No. 1249 of 1950

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 199 words

Somasundaram, J.—The main contention of the learned Advocate for the petitioner is that the words ""subject to the provisions of this Act

in Section 9 must be read with Section 7 of the Act and therefore if the workman works for the extra period of 15 minutes mentioned in Section 7,

no extra wages need be paid. I am unable to agree with this contention. Section 7 deals only with the time to be taken for serving a waiting

customer, if he happens to come to the shop at about the closing time allowed by law. It is an indulgence granted for the advantage of the

employer. But Section 9 deals with extra wages to be paid to the workmen when they work for more than 8 hours a day. Undoubtedly for the 15

minutes allowed to the employer to serve a waiting customer if the workman works and if it is beyond the 8 hours of his work then he is certainly

entitled to extra wages for that brief period of 15 minutes. Failure to pay for this extra period constitutes an offence. The conviction is therefore

correct and the fine is not excessive. The petition is dismissed.