Telangana High Court had directed the South Central Railway (SCR) authorities to appear before it personally if they fail to pay the overtime allowance to 106 employees by this August 26 as per its orders issued in a writ petition two years ago.
A bench of Justices Shameem Akther and N. Tukaramji passed the order after hearing a contempt of court petition filed by 106 employees of the SCR. Earlier in 2019, the SCR officials filed a writ petition in the High Court challenging an order of the Central Administrative Tribunal upholding the claim of the employees for overtime allowance.
The employees were AC coach mechanics and AC coach attendants. They contended that they begin their work by entering the trains departing for different destinations from Hyderabad/Secunderabad railway stations. They maintained that they would be relieved of the duty only when the train concerned returns to Hyderabad/Secunderabad station.
Stating that they were attending to duties beyond their scheduled work hours (from departure to arrival of the train), they urged the authorities for payment of overtime allowance. However, a similar claim by same category employees was rejected by the authorities of the Central Railway, these mechanics and attendants moved the CAT’s Mumbai bench. The CAT allowed the original application of the employees. Questioning this CAT’s order, the authorities moved the Bombay High Court, which eventually dismissed the latter’s plea.
Even a special leave petition filed by the Railway administration challenging the Bombay High Court order was dismissed by the Supreme Court. Relying on the apex court’s verdict and orders of other High Courts in similar matters, the Telangana High Court in April 2021 confirmed the CAT’s Hyderabad bench order and dismissed the writ petition filed by SCR authorities.
With the authorities not complying with the HC order passed more than two years ago, the employees filed a contempt of court. They made SCR general manager (personnel), divisional railway manager (personnel) and divisional electrical engineer parties in the contempt plea. The HC instructed them to appear before it on August 26 if they fail to pay the overtime allowance to the petitioners.
