JUDGMENT

KULDIP SINGH, J.

(1) THE question before the central Administrative Tribunal Calcutta bench (the tribunal) was whether the employees (workmen) working in the government Mint, Alipur, Calcutta who were allottees of government accommodation and as such were not being paid house rent allowance were entitled to compute the overtime allowance payable to them after taking into account, notionally, the element of house rent allowance. Following its earlier decision in Nirmal Chandra Bhowmick v. Union of India (decided on 1/9/1989 the tribunal answered the question by the impugned judgment dated 6/9/1990 in the affirmative and decided the same in favour of the employees. This appeal, by the Union of India is against the judgment of the Tribunal.

(2) IT is not necessary for us to go into the chequered history of litigation on the question whether the employees of the government Mint were entitled to the overtime allowance. It is not disputed before us that the employees of the Government Mint who come within the definition of workmen under the Factories Act, 1948 (the Act) are entitled to extra wages for overtime under Section 59 of the Act. It is furth