Supreme Court of India
Abid Hussain And Others Etc vs Union Of India & Ors on 22 January, 1987
Equivalent citations: 1987 AIR 820, 1987 SCR (2) 47, AIR 1987 SUPREME COURT 820, 1987 (1) SCC 532, 1987 LAB. I. C. 633, 1987 3 JT 72, (1987) PAT LJR 74, 1987 (1) LABLN 29, 1987 UJ(SC) 2 38, (1987) 1 CURLJ(CCR) 635, (1987) 1 LAB LN 429, 1987 BLJR 385, (1987) 2 JT 72 (SC), 1987 (1) SCJ 268 (1), 1987 SCC (L&S) 76, (1987) 54 FACLR 325, (1987) 1 LABLJ 359, (1987) 1 SCJ 268(1), (1987) 1 SERVLR 495, (1987) 2 ATC 914, (1987) 3 SERVLJ 61, (1987) 1 SUPREME 4, (1987) 1 CURCC 163
Author: E.S. Venkataramiah
Bench: E.S. Venkataramiah, M.P. Thakkar
PETITIONER:
ABID HUSSAIN AND OTHERS ETC.
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT22/01/1987
BENCH:
VENKATARAMIAH, E.S. (J)
BENCH:
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-Condi-
tioned Coach Incharges--Attendants, Northern Railway--Dis-
criminated against in payment of overtime allowance--Held
not justified.
HEADNOTE:
The petitioners, Air-Conditioned Coach Incharges--At-
tendants in Northern Railway, contended in their writ peti-
tions that their counterparts in Western, Central and East-
ern 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 over-
time 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 counter-
parts 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]
JUDGMENT:
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- chargesAttendants 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 Incharges-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 Incharges-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.
49