LAWS(KER)-1999-10-24

UNION OF INDIA Vs. KUMARAN

Decided On October 11, 1999
UNION OF INDIA Appellant
V/S
KUMARAN Respondents

JUDGEMENT

(1.) Challenge in these petitions is to the legality of a common judgment passed by Central Administrative Tribunal, Ernakulam Bench (in short Tribunal). Applicants before Tribunal were store staff attached with the Naval Base, Cochin and were broadly classified as Civilian Employees in the Navy. Following an earlier decision rendered in OA K-58/88 holding that an employee belong to the category of non industrial workman, should be entitled to overtime allowance in the event of being made to work for more than the prescribed period of forty hours a week, allowed the applications.

(2.) Challenged in these applications is that earlier decision had not properly dealt with the issue.

(3.) It is fairly accepted by learned counsel for petitioners that earlier decisions of Tribunal dealing with identical issue were not interfered with by Apex Court. It is submitted that dismissal of Special Leave Petition (in short SLP) is not disposal on merits.