Abid Hussain
& Ors Vs. Union of India & Ors [1987] INSC 20 (22 January 1987)
Venkataramiah,
E.S. (J) Venkataramiah, E.S. (J) Thakkar, M.P. (J)
CITATION:
1987 AIR 820 1987 SCR (2) 47 1987 SCC (1) 532 JT 1987 (2) 72 1987 SCALE (1)141
ACT:
Constitution
of India, Articles 14 and 32:
Air-Conditioned Coach In charges--Attendants, Northern Railway--Discriminated
against in payment of overtime allowance--Held not justified.
HEAD NOTE:
The
petitioners, Air-Conditioned Coach In charges--Attendants in Northern Railway,
contended in their writ petitions that their counterparts in Western, Central
and Eastern Railways were being paid overtime allowance for extra duty hours
exceeding 96 hours in two weeks, and sought a direction to the Union of India
and Railway Administration to pay them the same allowance.
Allowing
the writ petition, the Court,
HELD:
There was no justification for denying overtime allowance to the petitioners
working in the Northern Railway. The Union of India and the Railway
Administration to pay with effect from June 1, 1984 overtime allowance to the
petitioners on the same basis on which their counterparts in the other three
Railways are paid. [48B-C] The benefit of the order to be extended to all such
employees including those who have retired and those who have not joined as
petitioners. [48D] All arrears of such allowances up to date to be paid within
four months. [48D]
ORIGINAL
JURISDICTION:' Writ Petition (C) Nos. 13748-84 of 1984.
With
Writ Petition (c) Nos. 1580626 of 1984.
(Under
Article 32 of the Constitution of India. ) 48 N.N. Keshwani and R.N. Keshwani for the Petitioners.
O.P.
Sharma, Girish Chandra, C.V. Subba Rao and Miss S. Relan for the Respondents.
The
following Order of Court was delivered:
It is
not disputed that the Air-conditioned Coach In charges Attendants are being
paid overtime allowances for extra duty hours exceeding 96 hours in two weeks
in the Western Railway, Central Railway and Eastern Railway. There is no
justification for denying overtime allowances on the same basis to the
Air-conditioned Coach In charges-Attendants in the Northern Railway. We
accordingly direct the Union of India and the Railway Administration to pay
with effect from July
1, 1984 the overtime
allowance to the Air-conditioned Coach In charges-Attendants working in the
Northern Railway on the same basis on which the Air-conditioned Coach In charges-Attendants
in the other three Railways, referred to above, are paid. All arrears of such
allowances upto date shall be paid as early as possible and in any event not
later than four months from today. The benefit of this order shall be extended
to all such employees including those who have retired and those who have not
joined as petitioners herein.
The
Writ Petitions are allowed. No costs.
P.S.S.
Petitions allowed.
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