9911796707
|
Home
Issues involved:
The issue before the Central Administrative Tribunal Calcutta Bench was whether employees in the Government-Mint, Alipur, Calcutta, not receiving house rent allowance due to government accommodation, were entitled to calculate overtime allowance by including a national house rent allowance element. Judgment Details: The Tribunal, relying on a previous decision, ruled in favor of the employees, directing the Union of India to implement the same. However, the Supreme Court disagreed, stating that the employees in government accommodation were not entitled to include house rent allowance in their wages for overtime calculation. The Court emphasized that the ordinary rate of wages for overtime computation should only include allowances to which the worker is entitled, excluding specific allowances like house rent. The Court cited previous cases to support this interpretation. The Court further noted that the employees in government accommodation already enjoyed multiple benefits compared to those not in such housing, making their situation advantageous. The Court held that employees in government accommodation at the Government-Mint were not entitled to include house rent allowance in their ordinary rate of wages for overtime calculation. The appeals were allowed, overturning the Tribunal's judgments, but existing overtime payments were not to be refunded. The Court directed the new interpretation to apply prospectively to the employees in the specific case from the date of the judgment.
|
