Night Duty Allowance in sixth pay commission – CAT Mumbai Order

OA No.2017/2014

CENTRAL ADMINISTRATIVE TRIBUNAL BOMBAY BENCH, MUMBAI

ORIGINAL APPLICATION NO:- 2017/2014 DATED THIS Friday THE 17th DAY OF January, 2014.

CORAM:-HON’BLE SMT. CHAMELI MAJUMDAR, MEMBER (J)

All Employees of Ordnance Factory Ambajhari, Nagpur 440 021

(1598 Applicants name list attached )

. … Applicants

(By Advocate Shri Shaikh Ayyub)

VERSUS

1.Union of India, Through the Secretary, Ministry of Defence, D(Fy.II), Sena Bhawan, New Delhi 110 001.

2.The Secretary,

Ministry of Personnel & Public Grievances, Department of Personnel & Training, New Delhi 110 001.

3.The D.G.O.F./Chairman, Ordnance Factory Board, 10-A, Shaheed Khudiram Bose Road, Kolkata 700 001.

4.The Sr. General Manager, Ordnance Factory Ambajhari Nagpur 440 021. …

—————-Respondents

(By Advocate Shri R. G. Agarwal)

OA No.2017/2014

ORDER(ORAL)

Per: Smt. Chameli Majumdar, Member (J).

There are 1598 applicants in this O.A. who have joined this Original Application with a common grievance and praying for common relief. However, the title sheet of the O.A. indicates that there are 1603 applicants (Sl.Nos. 135, 845, 987, 1212 and 1322 being left out while numbering). M.A. No. 2009/2014 filed by the applicants for joint petition is allowed.

2. The Applicant No. 1 is the Union of the Ordnance Factory, Ambajhari, Nagpur. The grievance of the applicants is that although other employees of some Units of Defence establishment are being paid Night Duty Allowance as per Fifth and Sixth Central Pay Commission, the same is denied to the workmen of the factory of the Ordnance Factory Board at Ambhajari.

3. Heard Shri Shaikh Ayyub, Learned Counsel for the applicants and Shri R. G. Agarwal, Learned Counsel for the Respondents.

4. The Learned Counsel for the applicants has drawn my attention to the judgment passed by the Central Administrative Tribunal, Madras Bench, in O.A. No. 1391/2010 decided on 08.08.2012. In the said judgment, the Tribunal at Madras Bench relied on the judgment passed by the Central Administrative Tribunal, Jodhpur Bench. Relevant portion of the judgment is set out herein below :

“this is a fit case to direct the respondents to calculate and pay night duty allowance payable to industrial employees working in the 4th respondent factory on the basis of the revised basic pay and allowances drawn by them with effect from 01.01.1996 and 01.01.2006 as per the 5th and 6th Pay Commission’s recommendations respectively along with arrears with effect from 1.1.1996. The respondents are further directed to complete the entire exercise within a period of three months from the date of receipt of a copy of this order. In the result, the O.A. is allowed. No order as to costs.”

5. In view of the above, the competent authority is directed to consider the said representations of the applicants in the light of the judgment passed by Jodhpur as well as Madras Bench within 12 weeks from the date of receipt of a copy of this order and pass a reasoned and speaking order in accordance with law.

6. The O.A. stands disposed of in terms of above direction at the admission stage itself.

(Smt. Chameli Majumdar)

Member (J)

Source : Central Administrative Tribunal