RECORDING OF

ATTENDANCE OF
INDUSTRIAL EMPLOYEES
Recording of attendance of Industrial Employees
Normal Working Hours:
The normal working hours a week in ordnance
factories have been fixed at 44 3/4 hours, at the rate of
8 hours per day for 5 days from Monday to Friday and 4
3/4 hours on Saturday. Sunday is weekly off day or
holiday.
Recording of attendance of Industrial Employees:
Each worker is issued with a token duly marking the
ticket number allotted to him/her. The same will be
picked up from the Central Ticket Board at the Factory
(Workshop) Gate and hung at the Section Ticket Board
while mustering in.
 Token numbers of late comers will be noted by LB
representative at the gate. They will be marked late as
under: (A) Late up to 15 minutes 15 minutes late
(B) Late by 16 minutes onwards up to 30 minutes late
30 minutes
(C) Late by 31 minutes onwards up to 45 minutes late
45 minutes
(D) Late by 46 minutes onwards up 60 minutes late
to 60 minutes

Late attendance beyond 1 hour is not permitted. Soon

after the Gate is closed, LB section prepares a shop wise
list showing the ticket numbers of tokens that have not
been lifted (picked up) from the Central Ticket Board.
Casualty Report:
All Sections will prepare a Casualty Report based on
physical check of attendance which would be rechecked by
scrutiny of the Section Ticket
Board and forward it to the Accounts Office as early as possible
but not later than 11.00 AM for check against the acquittance
rolls. Sections working more than one shift will submit Casualty
Report for each shift
separately. Late Memos in respect of individuals who have
reported late also will be sent to Accounts.

Muster Roll:
The main attendance record of the workers maintained by
LB is known as Muster Roll. Muster Rolls are maintained
gangwise/shop wise for every month.
Muster Roll:
The position of the workers' attendance viz.
present/absent, late and overtime worked etc. will be
marked in the muster roll suitably and submitted to
Accounts Office. The AO will ensure correctness and
determine the total number of days of attendance, OT
hours, NSB hours, NDA hours, etc. with reference to
Casualty Memos, OT Memos, Late Memos, etc. Leave,
shortage of work, injury, off duty, OT, absent, etc. will
be marked in the Muster Roll by different symbols.
Night Duty, Day Duty, Casual OT, etc. will also be
found in the Muster Roll. These particulars will be
marked by LB on day to day basis.
 WORKING HOURS
(PROVISIONS OF THE
FACTORIES ACT, 1948)
Weekly working hours:
Not more than 48 hours in any week for adult
workers.
Weekly holidays:
First day of the week (Sunday) is a weekly holiday
. Weekly holiday can be substituted subject to the
some conditions such as:
(i) The worker has or will have a holiday for a whole
day on any of the three days immediately before or
after the said weekly holiday, which is substituted.
(ii) Due notice regarding the substitution is given to
the Inspector of Factories and a notice regarding
substitution is displayed in the factory.
iii) The substitution does not result in any worker
working for more than 10 days consecutively without a
holiday for a whole day.
(iv) In case the substituted holiday falls on any of the
three days immediately preceding the weekly holiday,
for the purpose of calculation of weekly hours of work,
the work done on Sunday is to be included in the
preceding week.
Compensatory holidays:
 Sometimes some factories may be exempted from
the operation of provision relating to weekly holidays
as cited above.
 Due to exemption from the operation of provision
relating to weekly holidays if any worker is deprived of
any of the weekly holidays, he shall be allowed
compensatory holidays of equal number to the
holidays so lost.
 The compensatory holidays shall be allowed within
the same month in which the holidays were due to him
or within two months immediately following that
month.
Daily hours of work:
The daily working hours for adult workers shall not
exceed nine hours in any day. This is subject to the limit on
weekly hours of work also. To facilitate change of shift this
limit may be exceeded with the approval of Chief Inspector
of Factories.
Intervals for rest:
The periods of work of adult workers shall be so fixed
that no period shall exceed five hours and no worker shall
work for more than five hours before he has had an interval
of rest of at least half an hour. ½ hour for rest prescribed is
the minimum limit. The rest period may be one hour or
more subject to the condition regarding spread over. Period
of work not exceeding 6 hours without an interval for rest
may be permitted by the Chief Inspector.
Spread over:
The periods of work including intervals for rest
shall not spread over more than ten and half hours in
any day.Chief Inspector may permit spread over up to
12 hours.
Employment of women:
Women workers are not to be allowed or required
to work in any factory except between hours of 6 a.m.
and 7p.m. These limits may be varied by State
Government for any factory or group of factories. But
such variation cannot authorize the employment of
any woman between the hours 10 p.m. and 5 a.m.
Extra wages for overtime:
Work in excess of nine hours in any day or 48
hours in any week done by a worker in a factory is
treated as overtime. For this overtime the worker is
entitled to wages at the rate of twice his ‘ordinary rate
of wages’.
In Ordnance Factories, ‘ordinary rate of wages’ per
hour is calculated by the formula (P+D)/200 where P
represents the worker’s pay and D Factory
Accounting 30 represents allowances such as DA,
HRA, CCA and Transport Allowance. 200 are taken
as the average working hours in a month.
For Piece workers, ‘time rate’ shall be deemed to
be the ‘ordinary rate of wages’.
 ‘Time rate’ is equivalent to the daily average of their
full time earnings for the days on which they actually
worked on the same or identical job during the month
immediately preceding the calendar month during
which the overtime work was done.
In computing the full time earnings, the allowances
such as DA, HRA, CCA and Transport Allowance are
included.
Power to make exempting rules:
Persons holding supervision or management or are
employed in a confidential position in a factory may be
exempted from provisions relating to working hours
and overtime wages etc.
But no exemption is permitted in case of these persons
from the operation of provisions relating to working
hours etc. of women employees.
The State Government is also empowered under the
Act to make rules providing for exemption to such
extent and subject to such conditions as may be
prescribed, of adult workers engaged on urgent repairs
or work which must be carried on continuously for
technical reasons and so on.
Overall limit of exemptions:
There are certain limits beyond which exemption can not be
granted. These limits are as follows:
(a) The total number of hours of work in any day shall
not exceed ten
(b) The spread over, inclusive of intervals for rest, shall
not exceed twelve hours in any day.
In order to enable a shift worker to work the whole or part
of a subsequent shift in the absence of a worker who has failed
to report for duty, the limit up to which the exemption may be
granted are as follows:
(c) The total number of hours of work in a week
including overtime shall not exceed sixty
(d) The total number of hours of overtime shall not
exceed fifty for any quarter
Further exemption:
To meet the exceptional press of work,
exemption from the operation of provisions
relating to daily hours of work, weekly holiday,
interval for rest and spread over may be granted in
respect of any or all of the workers subject to the
following conditions.
(a) The total number of hours of work in any day shall
not exceed twelve
(b) The spread over, inclusive of intervals for rest, shall
not exceed thirteen hours in any day
(c) The total number of hours of work in a week
including overtime shall not exceed sixty
(d) No worker shall be allowed to work overtime for
more than seven days at a stretch and the total
number of hours of overtime work in any quarter
shall not exceed seventy-five.
IDLE TIME PAYMENTS IN
FACTORIES
IDLE TIME PAYMENTS IN FACTORIES
Idle time payments will be made under the following
conditions, at their ordinarily monthly rates, to workmen
who may have become temporarily surplus for reasons of
such nature as specified below and who cannot be
provided with suitable alternative employment in the
normal manner:
1. High atmospheric humidity hindering certain
operations in Explosive Factories or unfavourable
weather conditions hindering specialized optical
works depending on sunlight.
2. Plant, Furnaces and Transport breakdowns,
inspection and repairs
3. Temporary shortage of materials
4. Failure of power supply
5. Temporary shortage of works in highly specialized
sections such as Instruments Repair or Optical
Sections etc.
If any necessity, however, arises for idle time
payment for causes other than those enumerated
above separate Government sanction will be taken to
meet such contingency. The idle payment will not be
admissible on occasions when it is due to wrongful
action or misconduct of the employees making it
impracticable to employ certain classes of workmen.
Incentive Bonus
Incentive Bonus is paid to essential maintenance
workers employed in the maintenance of plant and
services. It is paid as per the following rates: -
For essential maintenance workers attached to
Production Section- at 50% of piece work profit earned
by the workers in the relevant production section
For essential maintenance workers not attached to
Production section- at 50% of the average piece work
profit earned by the piece workers in the whole factory.
Maintenance workers employed outside the factory and
unskilled workmen employed on maintenance work,
whether attached to production section or otherwise,
are not covered under this scheme.
Overtime Wages
1. The employees of Industrial Establishments
who are “workers” within the meaning of the
Factories Act, 1948, are entitled to payment of
Overtime Allowance in terms of Section 59 of the
Act on the basis of the revised pay scales. As
already stated in the Min. of Defence OM No.
14(2)/87/D (Civ .II) dated 11.9.87 and OM No.
14(1)/86/D (Civ. II) dated 14.1.88, they are entitled
to Overtime Allowance only at the time rate, for the
work done between the prescribed working hours
and up to 48 hours a week.
2. Those categories of “Workers” of Industrial
Establishments who come within the scope of Section
64 of the Factories Act covering only those employees
who are under the rules framed by the State
Governments under Section 64 (1) of the Factories Act,
1948 or who are declared to be workers by the
Inspector of Factories under Section 64(1) of the
Factories Act, 1948, are entitled to payment of Overtime
Allowance on the basis of the revised pay scales but
subject to the conditions that their basic pay in the
prerevised pay scales is not more than Rs. 1600/- p.m.
notionally determined. They are entitled to OTA at time
rate as explained in sub-para (i) above for the work
done between the prescribed duty hours and up to 48
hours in a week.
3. Those categories of “Workers” who come within the scope
of Section 64 of the Factories Act and whose basic pay is
more than Rs. 1600/- p.m. in the pre-revised scales are
eligible for OTA in terms of Ministry of Defence OM No.
14(2)/76/D (Civ.II) dated 25.6.1983. Accordingly, OTA will
be paid to them on the basis of old pay scales notionally
determined. They will also be paid OTA for the overtime
work done between the prescribed duty hours and up to
48 hours a week only at time rate calculated on the basis
of old pay scales notionally determined. They will be
entitled to OTA at double the time rate calculated on the
basis of old pay scales notionally determined, for the work
beyond 48 hours under the orders dated 25.6.1983
referred to above. This will not entitle anyone who is not
covered by 25.6.1983 orders to claim OTA.
Provisions of the Factories Act, 1948 with
regard to overtime wages
Section 59:
“59. Extra wages for overtime:-
1. 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 he shall, in respect of overtime work, be entitled to
wages at the rate of twice his ordinary rate of wages.
2. For the purpose of sub-section (1), “ordinary rate of
wages” means the basic wages plus such allowances,
including cash equivalent of the advantage accruing
through concessional sale to workers of food grains and
other articles, as the worker is for the time being entitled
to, but does not include a bonus and wages for overtime
work.”
Who is a “worker”?
Section 2 (l) “worker” means a person employed,
directly or by or through any agency (including a
contractor) with or without the knowledge of the
principal employer, whether for remuneration or not,
in any manufacturing process, or in cleaning any part
of the machinery or premises used for a
manufacturing process, or in any other kind of work
incidental to, or connected with the manufacturing
process, or the subject of the manufacturing
process, but does not include any member of the
armed forces of the Union..
Section 64 (1)
The State Government may make rules defining the
person who holds positions of supervision or
management or are employed in a confidential
position in a factory, or empowering the Chief
Inspector to declare any person, other than a person
defined by such rules, as a person holding position of
supervision or management or employed in a
confidential position in a factory if, in the opinion of the
Chief Inspector, such person holds such position or is
so employed and the provisions of this Chapter, other
than the provisions of clause (b) of sub-section (1) of
Section 66 and of the proviso to that sub-section, shall
not apply to any person so defined or declared:
 Provided that any person so defined or declared
shall, where the ordinary rate of wages of such
person does not exceed the wage limit specified in
sub-section (6) of Section 1 of the Payment of
Wages Act, 1936, as amended from time to time, be
entitled to extra wages in respect of overtime work
under Section 59.
Overtime Pay under Departmental Rules:
 For work in excess of normal working hours and up to 9
hours on any day or 48 hours in any week, overtime will be
paid at the rate prescribed in the Departmental Rules.
(Normal working hours for Ordnance Factories are 44 ¾
hours a week at the rate of 8 hours per day for five days
from Monday to Friday and 4 ¾ hours on Saturday.) For
calculating overtime pay under Dept.
 Rules, Basic Pay, Dearness Allowance, Special pay,
Personal pay, Pension (to the extent taken for fixation of
pay) in the case of re-employed pensioners and City
Compensatory Allowance shall be taken into account.
 House Rent Allowance, Conveyance Allowance, Travelling
and Daily Allowances, Clothing Allowance, Uniform
Allowance, Washing Allowance, Children Education
Allowance shall not be included1.
OT wages under Factories Act
For the purpose of calculation of Overtime Wages
under Factories Act, 1948, the term ‘ordinary rate of
wages’ has been interpreted to include Basic Pay,
Dearness Allowance, City Compensatory Allowance,
House Rent Allowance and Transport Allowance.
Other allowances are not included in ‘ordinary rate of
wages’.
 Whether HRA to be included in
‘ordinary rate of wages’ for calculation of
OT wages under Factories Act in case of
employees who are provided with
Government accommodation and are
not in receipt of HRA?
 In Govind Bapu Salvi & ors. V. Vishwanath
Janardhan Joshi & ors. (1995) 29 ATC 103 SC, the
Hon’ble Supreme Court has held as follows: “The
language of this section (Section 59 (2) of the
Factories Act) is very clear. It says that the ordinary
rate of wages which is referred to in subsection (1) of
Section 59 means basic wages plus such
allowances…as the worker is for the time being
entitled to, but excludes bonus and wages for
overtime work. (Words in parenthesis and emphasis
added).
 3. Admittedly, the appellants (Govind Bapu Salvi
& ors) are not entitled to the payment of house rent
allowance since they are occupying the official
quarters. Hence for calculating the overtime
wages, the house rent allowance cannot be taken
into account”. (Words in parenthesis and
emphasis added). The question has therefore been
answered in the negative.
Overtime Wages to Piece Workers:

The following methods of calculation and payment of

overtime to the piece workers have been sanctioned: -
(i) Piece Workers under P & A Regulations, Pt. I
(a) No overtime will be admissible for working overtime
in day shift. But for the purpose of distribution of P.W.
profits, the time wages element in respect of
overtime will be determined at the rate of P/200 per
hour, where P represents the monthly basic pay or
the monthly basic pay and dearness pay where
admissible.
(b) An extra half hour pay calculated at the hourly rate of
1/200 of the monthly basic pay or the monthly basic pay and
dearness pay where admissible, for every hour of systematic
overtime work on the night shifts in addition to the piece
work earnings. [This is called ‘Night Duty Bonus’].
(ii) Piece workers under the Factories Act.
For each hour of overtime in excess of 9 hours on any day
or 48 hours in a week a piece worker will get 1/200 of the
monthly basic pay plus 25%of basic Pay plus twice all
allowances. In other words, if P represents the monthly basic
pay and D stands for all allowances such as DA, HRA, CCA
(and Transport Allowance) overtime for each hour will be
P/200 + .25 P/200 + 2D/200
OR
(1.25 P + 2D)/200
 Payment of overtime under Departmental Rules to
workmen who are put partly on Piece Work and partly
on Piece work in a wage period
2“The question regarding payment of overtime
allowance under Departmental Rules to a workman who
works partly as a piece worker and partly as a Day
worker during a wage period has been under examination
of the higher authorities for some time past. As now
intimated by the CGDA, New Delhi, the Ministry of
Defence (Fin/AG) in consultation with Chief Labour
Commissioner (Central), New Delhi has clarified the
position as under: -
 “ –as per the provisions of the Factories Act O.T.A. is payable even
for piece rated workers. Sub-section (3) of Section 59 provides that
where any worker in factory are paid on a piece rate basis, the time
rate shall be deemed to be equivalent to the daily average of their full
time earnings for the days on which they actually worked on the
same or identical job during the month immediately preceding the
calendar month during which the overtime work was done and such
time rate shall be deemed to be the ordinary rate of wages of these
workers.
 The above principle may be followed for the purpose of paying
overtime to piece rated workers for the days they work overtime.”
 In view of the position explained above piece workers who are put on
day work for part of wage period may be paid OTA under Deptt.
Rules, only for the period he is on day work.
 The time wage for the period a piece worker works as a day worker
should continue to be calculated @1/N-S vide Min. of Def. New
DelhiCorrg. No. 15(3)/67/D(Civ-I) dated 16.4.68 (AT/62 dated
5.6.68)”.
 INCLUSION OF TRANSPORT ALLOWANCE FOR THE
PURPOSE OF OT WAGES UNDER SECTION 59 OF THE
FACTORIES ACT
Ministry of Labour3 has clarified as follows:
“Clause (2) of Section 59 of the Factories Act, 1948 provides
that “ordinary rate of wages” means the basic wages plus
such allowances, including the cash equivalent of the
advantage accruing through the concessional sale to workers
of food grains and other articles, as the worker is for the time
being entitled to, but does not include a bonus and wages for
overtime work.
2. Since the transport allowance has not been excluded
from the compensatory allowance etc. under clause (2) of the
Section 59 of the Factories Act, 1948 and hence, Transport
Allowance should be included in the basic rate of wages for
purpose of computation of OTA.”
NIGHT DUTY ALLOWANCE
Duty in night shifts is considered to be somewhat injurious
to health as this kind of working is against the rule of
nature. Scientific studies have established that those who
perform night duties suffer some deterioration in health. It is
perhaps to compensate this loss that the Night Duty
Allowance is paid to the employees who are deployed to
work in night.
Presently Night Duty Allowance is being paid to all
employees drawing a basic pay up to Rs. 2200 per month
and performing duty between 22.00 hours and 6 hours.
Wherever the working hours have been arrived at after
taking into account the night weight age factor, no further
compensation in the form of Night Duty Allowance is
admissible. A uniform weight age of 10 minutes is given for
every hour of night duty performed.
Night Duty Allowance is computed as per the
following formula:
(1) For continuous and intensive duty Rates are
calculated on the basis of current rates of pay
including DA & CCA divided by the number of
working hours in a month.
(2) For intermittent and excluded Class III 2/3 of the
rate worked out at (1) above. No Night Duty
Allowance shall be admissible during overtime
hours, if any, falling within the Night Duty hours.
Night Duty Bonus
This is payable on the departmental overtime (i.e.
systematic overtime up to 9 hours a day or 48 hours a
week beyond normal working hours) done during
night. The rate is half hour pay (Basic Pay including
DA and CCA) for each Night Duty Bonus hour.