•
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ABID HUSSAIN AND OTHERS ETC.
A
v.
UNION OF INDIA & ORS.
JANUARY 22, 1987
[E.S VENKATARAMIAH AND M.P. THAKKAR, JJ.]
B
Constitution of India, Articles 14 and 32: :Air-Conditioned Coach
Incharges-Attendants, Northern Railway-Discriminated against in
payment of overtime allowance-Held not justified.
/
The petitioners, Air-Conditioned Coach Incbarges-Attendants C
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.
D
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 E
which their counterparts in the other three Railways are paid. l48B-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 l
(. ·
All arrears of such allowances uptodate to be paid within four
\
mouths. l48D]
ORIGINAL JURISDICTION: Writ Petition (C) Nos.13748-84
of 1984 ..
With
Writ Petition (c) Nos. 15806-26of 1984.
(Under Article 32 of the Constitution of India.)
47
F
G
H
A
B
48
SUPREME COURT REPORTS
[1987] 2 S.C.R.
N.N. Keshwani and IR.N. Keshwani for the Petitioners.
O.P. Sharma, Girish Chandra, C.V. Subba Rao and Miss S.
Relan for the Respondentn.
The following Order of Court was delivered:
It is not disputed that the Air-conditioned Coach Incharges-
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 deuying
+
overtime allowances on the same basis to the Air-conditioned Coach
;,......
C Jncharges-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 lncharges-Attendants working in the Northern Railway on the
same basis on which the Air-conditioned Coach Incharges-Attendants
in the other three Railways, referred to above, are paid. All arrears of
D such allowances upto date shall be paid as early as possible and in any
eveni 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.
E
P.S.S.
Petitions allowed.
Lex