9911796707
TMI Blog1995 (11) TMI 457X X X X Extracts X X X X X X X X Extracts X X X X ..... ing its earlier decision in OA 13 of 1987 (decided on April 17, 1990) the Tribunal answered the question by the impugned judgment dated September 6, 1990 in the affirmative and decided the same in favour of the employees. This appeal, by the Union of India is against the judgment of the Tribunal. It is not necessary for us to go into the chequered history of litigation on the question whether the employees of Government-Mint were entitled to the over-time allowance. It is not disputed before us that the employees of the Government-Mint who come within the definition of workmen under the Factories Act, 1948 (the Act) are entitled to extra wages for over-time under Section 59 of the Act. It is further not disputed that all those employees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve part of the judgment: It is the grievance of the applicants that although an order has been made on 11th November, 1985 directing that overtime should be calculated inclusive of house rent allowance, the respondents are not implementing the same. This application has been taken out for implementation of the order dated 11th November, 1985 read with order dated 28th September, 1984 and Mint Diary Order No.130/84 dated 26th October, 1984. Mr. Samir Ghosh appearing for the applicants invites my attention to annexure `A' at page 22 of the application which is the letter dated 11th November, 1985. The subject matter of this letter is Computation of Overtime allowance on the basis of emoluments including house rent allowance - paym ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Computation of overtime allowance on the basis of emoluments including house rent allowance was under consideration of the Government of India, Ministry of Finance (D.E.A.) since quite some time. It has now been decided by the Government that overtime allowance will be computed on the basis of emoluments including house rent allowance with effect from 9th May, 1984 for work done between 37 1/2 hours to 48 hours per week in respect of all employees of the three (3) Mints. Going through the annexures to the application, the correctness of which has not been disputed by the respondents, I have no doubt in my mind that overtime allowance payable to the applicants must be computed inclusive of house rent allowance. The Tribunal, therea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id instructions that even those employees who are occupying Government houses and as such are not being paid the house rent allowance, are also entitled to include House Rent Allowance, nationally, in their wages for the purposes of computing the over-time allowance. We are of the view that on the plain reading of the instructions relied upon by the Tribunal it is not possible to interpret the same to mean that the employees of the Government-Mint who are occupying Government accommodation and as such are not being paid house rent allowance, are entitled to compute the over- time allowance by including the house rent allowance nationally in their emoluments. Since the Tribunal in tis judgment in OA 13 of 1987 did not interpret the Governmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondents in SLP 4854/90. We have heard learned counsel for the parties. We agree with the contention of the learned counsel for the appellant that a bare reading of the Government instructions relied upon by the Tribunal goes to show that the said instructions do not give any right to the respondents and others similarly situated to have the house rent amount included in their emoluments for the purpose of computing over-time allowance. Even otherwise the Government instructions have to be read in conformity with the provisions of the Act. The claim of the respondents for grant of over-time allowance is based on Section 59 of the Act. Sub-Section (1) and (2) of Section 59 of the Act, which are relevant, are as under : Extra wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles in the definition of ordinary rate of wages'. The legislature has not done so in respect of the house rent allowance. We respectfully agree with the law laid down by this Court in Govind Bapu Salvi and Others vs. Vishwanath Janardhan Joshi and Others 1995 Supp. (1) SCC 148 and in The Master of the Mint vs. Kashi Nath Dutta and another, in C.A. Nos. 2376-2377/77 decided on October 31, 1995. We are inclined to agree with the learned counsel for the appellant that despite the respondents getting a slightly lessor rate for computing the over-time allowance they are placed in an advantageous position as compared ..... X X X X Extracts X X X X X X X X Extracts X X X X
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