UNION OF INDIA Vs. DHARAMBIR & ORS

JUDGEMENT

(1.) The petitioner Union of India through the General Manager, Northern Railways, has preferred the present writ petition under Article 226 of the Constitution of India to assail the orders dated 27.08.2013 passed in O.A. No. 3054/2012 and dated 02.06.2014 passed in R.A. No. 88/2014 in O.A. No. 3054/2012, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short, 'the Tribunal'). The Tribunal by the later order dated 02.06.2014 dismissed the petitioners' review application against the earlier order dated 27.08.2013 passed in the Original Application. The Tribunal had allowed the Original Application preferred by the respondents on the basis that the matter is covered by the order of the Tribunal in O.A. No. 1097/2009 dated 21.01.2011, which has been affirmed by this Court in WP(C) No. 7164/2011, and held that the respondents' entitled to overtime allowance.

(2.) Before proceeding further, we consider it appropriate to set out the relevant Rules.

(3.) Rule 7(3) of the Railway Servants (Hours of Work & Period of Rests) Rules, 2005 (hereinafter referred to as, 'the Rules') provides as follows: