ABID HUSSAIN AND OTHERS ETC. versus UNION OF INDIA & ORS.

ABID HUSSAIN AND OTHERS ETC. versus UNION OF INDIA & ORS.

There was no justification for denying overtime allowance to petitioners working in the Northern Railway as their counterparts in Western, Central, and Eastern Railways were paid such allowance for extra hours exceeding 96 hours in two weeks. Such denial was held to be discriminatory and unjustified.

Parties
Petitioners: Abid Hussain and Others; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
22 January 1987
Procedural Posture
Writ Petition (c) / Original Jurisdiction
Outcome
Petitions allowed
Legal Topics
Discrimination, Overtime Allowance, Article 14, Article 32
Constitutional Law Labour Law Discrimination Overtime Allowance Article 14 Article 32

Case Brief

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Parties

Abid Hussain and Others

Petitioners

Union of India and Others

Respondents

Procedural Posture

Writ Petition (c) / Original Jurisdiction

Legal Issues

  1. 1 Whether refusal to pay overtime allowance to Air-conditioned Coach Incharges-Attendants in Northern Railway, while allowing it to those in Western, Central and Eastern Railways, is justified under Articles 14 and 32 of the Constitution.

Ratio Decidendi

There was no justification for denying overtime allowance to petitioners working in the Northern Railway as their counterparts in Western, Central, and Eastern Railways were paid such allowance for extra hours exceeding 96 hours in two weeks. Such denial was held to be discriminatory and unjustified.

Court Disposition

Petitions allowed

Orders

  • Union of India and Railway Administration to pay, with effect from July 1, 1984, the overtime allowance to the Air-conditioned Coach Incharges-Attendants working in Northern Railway on the same basis as paid in Western, Central, and Eastern Railways.
  • All arrears of such allowances up to date to be paid as early as possible, and not later than four months from the date of the order.