Mrs. Pratibha Bonnerjea, Vice Chairman:— This application under Section 19 of the Administrative Tribunals Act, 1985, was admitted by this Tribunal on 9.1.1987
2. This application has been taken out by 230 applicants who are working under the Government of India Mint at Alipore Calcutta and joined service since 1949 onwards. The Government of India Mint at Alipore have limited number of quarters to be allotted to its workmen. All the applicants have been allotted residential quarters on diverse dates since 1955 onwards and standard rent is being deducted from their pay packets by the respondents. It is the case of the applicants that there was a long standing demand of the applicants before the authorities concerned in as much as the overtime wages/allowances were not being computed by taking into consideration the house rent allowance and over this various representations were made to the authorities concerned.
3. The applicants further state that similarly circumstanced employees working in the Government of India Mint and discharging same and similar nature of duties but for only not being allotted the Govt. residential quarters were getting higher overtime payment than that of the applicants who have been allotted Govt. residential quarters, as will be evident from the fact that an employee who has not been allotted quarter would receive Rs. 11.25p per hour as overtime payment while an employee who has been allotted quarter would receive Rs. 9.41p per hour only. This leads to huge difference of monthly overtime payment as the workmen employed in the Mint are bound to discharge overtime work for atleast 45-50 hours a month.
4. The respondents have filed their reply. In paragraph 6 thereof it has been stated that Government orders have been issued from time to time that house rent allowance is not admissible to employees who have been provided with Govt. accommodation. House rent allowance is admissible only to those employees who are residing outside and are not provided with Govt. accommodation. The house. rent allowance is thus not taken into account for computation of overtime allowance. This issue is the bone of contention between the parties.
5. 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.
6. Mr. Samir Ghosh appearing for the applicants invites my attentibn 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-payment of arrear regarding….”. This letter is addressed to the General Manager, India Govt. Mint, Bombay/Hyderabad/Calcutta and is written by the Under Secretary to the Govt. of India, Ministry of Finance, Department of Economic Affairs.
7. This letter reads as follows:—
“I am directed to convey the approval of the Govt. of India, Ministry of Finance, Department of Economic Affairs, for making payments of arrears of overtime allowance from 1.1.1956 onwards on the basis of emoluments including house rent allowance to the industrial employees as well as the classified staff of the India Government Mints at Bombay, Calcutta and Hyderabad.
This issues with the approval of IFA in the department vide their U.O No. 3825.IFA/85 dated 7.11.1985”
8. The letter dated 28th September, 1984 at page 23 of the application is addressed to Shri H.N Gupta, General Manager, India Govt. Mint., Calcutta. Paragraph 1 of this letter states as follows:—
“Please refer to the correspondence resting with our letter of even number dated 28th June, 1984 regarding computation of O.T.A on the basis of emoluments including H.R.A addressed to the General Manager, India Govt. Mint, a copy of which has been endorsed to you.”
9. The third letter annexed to the application at page 24 is dated 26th October, 1984, the subject matter of which is - “Computation of overtime allowance on the basis of emoluments including house rent allowance for work between 37-½ and 48 hours a day.” This letter records as follows:—
“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) sincequite 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 37-½ hours to 48 hours per week in respect of all employees of the three (3) Mints.”
10. 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.
11. It is found that applicants have not obtained the permission of this Tribunal to take out a joint application. To cure this defect, leave is given to the applicants to take out a joint application.
12. In view of the facts stated above, this application is allowed. The respondents are directed to give effect to the Government order dated 11th November, 1985 read. with order dated 28th September, 1984 and Mint Diary Order No. 130/84 dated 26th October, 1984, as appended in annexure ‘A’ of the application collectively, so far as the applicants are concerned the respondents are directed to draw and disburse the overtime allowance in terms of the said order. This order should be complied with within three months from date. All arrears payable to the applicants be paid to them within the said period. Matter is disposed of There will be no order as to costs.
13. Application allowed.