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Is deduction of overtime hours legally valid?

(Querist) 20 July 2013 This query is : Resolved 
Sir, I am working in a central PSU covered under the Factory Act 1948. In our organization when a worker does overtime in a day of a week his overtime hours is deducted if that worker takes any Earn Leave(EL) or Sick Leave(SL) in any day of that week. My weekly off day is Sunday. I have taken many times SL / EL on Monday or Tuesday in that week and when I have done overtime on Wednesday or Thursday, overtimes hours were deducted for the overtimes done on that Wednesday or Thursday showing the reason that when we are taking SL / EL in a week we are not completing 48 hours in that week. Our organization’s overtime rule is that if a worker's duty hours exceeds 48 hours in a week he will get double pay in excess of 48 hours. My question is when we are taking SL/EL ARE WE NOT COMPLETING 48 HRS IN THAT WEEK and whether Management's such decision is legally valid or not? If it is not legally valid then what will we do?
Sudhir Kumar, Advocate (Expert) 21 July 2013
please see rules framed /adopted by PSU


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