KV MAKWANA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of filing this petition the petitioner has challenged the order of the Central Administrative Tribunal, Ahmedabad Bench at Ahmedabad in Original Application No.564 of 1998 dated 27th June 2003 as also the order dated 6th August 2004 passed in Review Application No.65 of 2003.

(2.) WE have heard Mr P.H. Pathak, learned counsel for the petitioner and Mr P.C. Master, learned counsel for the respondent and perused the record.

(3.) WE are not in agreement with the view taken by the Tribunal and once the Original Application has been amended and it is specifically pleaded that the workman worked for more than 8 hours in day time, then, the petitioner-workman is entitled to the overtime allowance. The Tribunal ought to considered the said question and decided the same in accordance with law. In that view of the matter, the order of the Tribunal passed in Original Application No.564 of 1998 dated 27th June 2003 as also the order dated 6th August 2004 passed in Review Application No.65 of 2003 cannot be maintained.