ABID HUSSAIN AND OTHERS ETC.versusUNION OF INDIA & ORS.
- Citation
- 1987 INSC 22
- Decided
- 22 January 1987
- Disposal
- Appeal(s) allowed
Holding
The denial of overtime allowance to the Northern Railway Air‑Conditioned Coach Incharges‑Attendants, while it is paid to their counterparts in other railways, is unjustified and violates the equality principle under Article 14, warranting the payment of the allowance.
Summary
The petitioners, Air‑Conditioned Coach Incharges‑Attendants of the Northern Railway, filed writ petitions under Article 32 alleging they were denied overtime allowance that their counterparts in the Western, Central and Eastern Railways received for extra duty exceeding 96 hours in two weeks. They claimed this differential treatment violated the equality guarantee of Article 14. The Court examined the claim and found no justification for the disparity in payment. It held that the denial of overtime allowance was unconstitutional. Consequently, the Court directed the Union of India and the Railway Administration to pay the overtime allowance to the Northern Railway employees with effect from July 1 1984 and to settle all arrears within four months, extending the benefit to all such employees, including retirees. The writ petitions were allowed.
Issues considered
- Whether the denial of overtime allowance to Air‑Conditioned Coach Incharges‑Attendants of the Northern Railway, while it is paid to their counterparts in other zones, violates Article 14 of the Constitution.
- Whether the petitioners can invoke Article 32 to obtain a direction for payment of the overtime allowance.
Legislation cited
- Constitution of Indias. Article 14, s. Article 32
Subjects
Judgment
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
F
(. · All arrears of such allowances uptodate to be paid within four
\ mouths. l48D]
ORIGINAL JURISDICTION: Writ Petition (C) Nos.13748-84
of 1984 ..
G
With
Writ Petition (c) Nos. 15806-26of 1984.
(Under Article 32 of the Constitution of India.)
H
47
48 SUPREME COURT REPORTS [1987] 2 S.C.R.
N.N. Keshwani and IR.N. Keshwani for the Petitioners.
A
O.P. Sharma, Girish Chandra, C.V. Subba Rao and Miss S.
Relan for the Respondentn.
The following Order of Court was delivered:
B
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.
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.