Chhattisgarh High Court Declares Non-Payment of Overtime a Continuing Wrong, Allows Claims Despite Delay

The Chhattisgarh High Court held that non-payment of overtime allowance constituted a continuing wrong and could not be barred by delay or laches.

Nineteen railway employees of the South East Central Railway, Bilaspur Zone, performed overtime between 2007 and 2010 and claimed unpaid allowances after their retirement.

The Tribunal directed the Railways to pay ₹40,22,837/-, but the Railways challenged the order, citing delay.

The Court ruled that each denial created a fresh cause of action, and withholding overtime regularly amounted to a recurring breach of duty, and subsequently dismissed the Union of India’s writ petitions, upholding the Tribunal’s order

[Union of India & Ors vs Raghunath]