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Justice Krishna S Dixit of the Karnataka HC allowed a petition seeking to quash a circular which denied the employees of their overtime dues. In the present case, the petitioner was not granted an allowance for his overtime job. Therefore the petitioner appealed to the Court under Articles 226 and 227 of the Indian Constitution praying to quash the impugned order. The respondent however resisted the writ petition banking on the impugned circular.
The HC in this matter observed that the grounds specified in the circular were rather fictitious and hence did not have any force of law. The legal claim of a person could not be quenched by such strange orders. The act was a direct violation of the Article 300-A of the Constitution of India. Reference was made to the case of State of Gujarat v. HC of Gujarat 1998 7 SCC 392 where denial of pay for overtime was considered as a volition of Article 300-A.
In view of the above fact, the Court allowed the writ petition. In the present matter, the HC stated that “in above circumstances, this writ petition succeeds; the impugned Circular and the order are quashed and the respondent is mandamassed to consider and grant the allowance to the petitioner within a period of eight weeks.” The HC also stated that if delay was made, an additional amount of 20000/- would be levied on the total amount payable by the respondent to the petitioner.
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