Chhattisgarh High Court Upholds Railway Workers' Right to Overtime Pay
Court Rejects Delay Argument, Orders Payment of Dues Within 45 Days
In a landmark decision, the Chhattisgarh High Court has ruled in favor of retired railway servants, directing the Union of India to process and pay overdue overtime allowances within 45 days. This judgment was handed down by a division bench comprising Justices Sanjay K. Agrawal and Radhakishan Agrawal, following a prolonged legal battle concerning claims dating back to 2007-2010.
The case, titled "Union of India v. Raghunath," revolved around the non-payment of overtime allowances to railway workers for extra hours worked during the stipulated period. The claimants had initially approached the Central Administrative Tribunal (CAT), Jabalpur Bench, which had ruled in their favor. However, the Union of India challenged this decision, arguing the claims were barred due to delay and laches.
The High Court, while dismissing the writ petitions filed by the Union of India, emphasized the doctrine of continuing wrong. The judges cited previous Supreme Court decisions, notably the case of "Union of India v. Tarsem Singh," in asserting that the non-payment of overtime constituted a recurring cause of action. The Court found that the refusal to pay was based solely on the claim being older, which was unjustified given the continuous nature of the wrong.
The court highlighted that the railway authorities themselves had processed the claims and quantified the dues, amounting to Rs. 40,22,837 for 19 staff members, before rejecting them on procedural grounds. The judgment underscores the principle that administrative delays should not deprive employees of their rightful dues, particularly when no third-party rights are affected.
This decision is expected to have significant implications for similar cases, reinforcing the rights of employees to claim dues without being penalized for procedural delays. The railway authorities have been instructed to expedite the processing of these claims and ensure payment within the stipulated timeframe.
Bottom Line:
Service Law - Railway servants entitled to overtime allowance despite delay and laches - Non-payment of overtime allowance constitutes a continuing wrong and recurring cause of action.
Statutory provision(s): Railway Servants (Hours of Work and Period of Rest) Rules, 2005, Rule 7(3)
Union of India v. Raghunath, (Chhattisgarh)(DB) : Law Finder Doc Id # 2789490
