Central Administrative Tribunal - Jabalpur
Ramesh Chand Rai vs M/O Railways on 11 December, 2018
1 OA No.200/01049/2016
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/01049/2016
Jabalpur, this Tuesday, the 11th day of December, 2018
HON'BLE SHRI RAMESH SINGH THAKUR, JUDICIAL MEMBER
1. Ramesh Chand Rai, S/o Late Shri Meherban Singh Rai, Aged
about 56 years, Presently working as Sr. A.C. Coach Mechanic,
Office of Senior Section Engineer, Train Light/Air Conditioner,
Habibganj, Bhopal-Coach Factory Road, Dwarka Nagar, Bhopal
Pin 462001
2. Kishore Kumar Sharma, S/o Late T.L.Sharma, aged about 50
years, Presently working as a A.C. Coach Mechanic, Habibganj,
Bhopal, P.R.B. II, 202/L, Railway Colony, Habibganj, Bhopal PIN
462001
3. Ramdas S/o Shri Biharilal, aged about 57 years, Presently
working as A.C. Coach Mechanic, Office of Senior Section
Engineer, Habibganj, Bhopal, House No. 11, Mahima Nagar, SPM
Gate No.1, Harda Road, Hoshangabad 461001
4. Santosh Kumar Panday, S/o Shri Gajadhar Prasad Panday, Aged
about 57 years, Presently working as A.C. Coach Mechanic, Office
of Senior Section Engineer, Habibganj, Bhopal, Permanent Add.
Village-Sunwani Post Majholli Tel-Sehora Distt. Jabalpur (M.P.)
C/o Ramesh Chand Rai 462001
5. Shyam Kumar Pardesi, S/o Late Shri Ram Shankar Pardesi,
Aged about 51 years, Presently working as Sr. Technician, in
Office of Senior Section Engineer, Habibganj, Bhopal, Address RB
II 207 F.Habibganj Railway Colony, Bhopal 462001
6. Om Prakash Nema, S/o Shri Manmohan Nema Aged about 42
years, Presently working as Technician Gr.I In the Office of Senior
Section Engineer, Habibganj Bhopal P/Address MIG 04 Vaibhav
Homes ayodhy by pass Road Bhopal 462001
7. Girdharilal, S/o Shri Sudama Prasad Rai, aged about 53 years,
Presently working as Helper/Khalasi In the Office of Senior
Section Engineer, Habibganj Bhopal Pin 462001 Permanent
Address Rajeev Gandhi Ward Bina Distt. Sagar (M.P.)
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2 OA No.200/01049/2016
8. Prabhat Kumar S/o Shri Ayodhya Prasad aged about 61 years
retired Presently working as A.C. Coach Mechanic Gr.II,
Permanent Add. Gali No.6 Jagewsri Nagar Sidhi Colony Bina
(M.P.)
9. Brijlal Chandele aged about 58 years Presently working as AC
Coach Mechanic P. Address 33 Abhinav Campus, Khajoori Road,
Bhopal
10. Jarry Discosta S/o Shri Jhon Dicosta, aged about 61 years,
Retired as Helper Khalasi Permanent Address: RB/1/109/G
Habibganj Railway Colony Bhopal
11. Kapil Deo S/o Shri Ram Nayan Aged about 52 years, Presently
working as AC Coach Attendent In Office of Senior Section
Engineer, Habibganj Bhopal Permanent Address 104/K Habibganj,
Railway Colony Bhopal
12. Kewalram S/o Shri Gangaram aged about 27 years Presently
working as Technician-II In Office of Senior Section Engineer,
Habibganj Bhopal Address H.No.1457, Coach Factory Road,
Dwarka Nagar, Bhopal
13. Azad Mohd. S/o Shri Noor Mohd. Aged about 58 years
Presently working as A.C.C. Attendent In Office of Senior Section
Engineer, Habibganj Bhopal Address RB-I 115E West Railway
Colony Bhopal PIN 462001
14. Kishorilal S/o Shri Paltu, aged about 51 years, Presently
working as Helper Khalasi, In Office of Senior Section Engineer,
Habibganj Bhopal Address:103G, RB/1 Habibganj, Railway
Colony Bhopal 462001
15. Saligram, S/o Shri Mansaram, aged about 33 years Presently
working as AC Coach Attendent In Office of Senior Section
Engineer, Habibganj Bhopal PIN 462001 Permanent Add. House
No.103 Sai Colony Railway Institute ke Pass Itarsi Distt.
Hosangabad.
16. Sunil Kumar S/o Shri Babulal Aged about 41 years, Presently
working as Technician-III, In Office of Senior Section Engineer,
Habibganj Bhopal Address H.No.16/59, Dwarkan nagar Gali No.5
Bhopal PIN 462001
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3 OA No.200/01049/2016
17. Sanwal K.J. S/o Shri V.C. Yoganathan Aged about 54 years
Presently working as A.C. Coach Attendent In Office of Senior
Section Engineer, Habibganj Bhopal Address RB/II/210/C Railway
Colony Habibganj Bhopal, PIN 462001
18. Fateh Bahadur S/o Shri P.D. Chouhan, aged 58 years, Presently
working as A.C. Coach Mechanic Gr.II, In Office of Senior Section
Engineer, Habibganj Bhopal PIN 462001 Permanent Add. Rajeev
Gandhi Ward Bina Distt. Sagar
19. Dulichand Sharma S/o Late Babulal Sharma aged about 52
years Presently working as A.C. Coach Mechanic Gr.I In Office of
Senior Section Engineer, Habibganj Bhopal PIN462001 Address
RB-III 304E, Railway Colony, Habibganj Bhopal
20. Ramesh S/o Shri Asharam, Presently working as Sr.
Technician, In Office of Senior Section Engineer, Habibganj
Bhopal Address RB/II/227/L, Habibganj Railway Colony, Bhopal
PIN 462001
21. Bhagwan Das S/o Late Shri V.G. Peeru, aged about 59 years,
Presently working as Helper Khalasi In Office of Senior Section
Engineer, Habibganj Bhopal PIN 462001 Permanent Add. House
No.6 Ward No.4 Nehru Nagar "B' Cabin Lalitpur (U.P.)
22. Dilip Kumar S/o Shri Ramlal aged about 53 years, presently
working as A.C. Coach Mechanic Gr. I, In Office of Senior Section
Engineer, Habibganj Bhopal PIN 462001 Permanent Add. Indira
Gandhi Ward Bina Distt. Sagar (M.P.) -Applicants
(By Advocate -Shri M.N. Banerjee)
Versus
1. Union of India, through The General Manager, West Central
Railway Near Indira Market Jabalpur 482003
2. Divisional Railway Manager, West Central Railway, Near
Habibganj Railway Station, Bhopal 462001
3. Senior Section Engineer Train Light/ Air Conditioner, Near
Habibganj Railway Station Habibganj Bhopal 462001
-Respondents
(By Advocate -Smt. Armita Ruprah)
(Date of reserving the order:31.10.2018)
Page 3 of 11
4 OA No.200/01049/2016
ORDER
This Original Application has been filed by the applicants against the inaction of the respondent-department in not treating the period of halt at destination as duty for the purpose of calculation of Overtime Allowance in respect of ACCM and ACCA who escort AC Coaches.
2. The applicants in this Original Application have prayed for the following reliefs:
"8.1 This Hon'ble Tribunal be pleased to order and direct the respondents to grant overtime wages to applicants who are working as A.C. Coach Mechanics, Attendents and Technician/Helper/Fitters for the escorting and maintenance of A.C. Coaches, for the halt period as they are not relieved of their duties even when the train is halted.
8.2 This Hon'ble Tribunal will be pleased to order and direct the respondents to pay arrears of pay/wages related to overtime wages for the half period with 18% interest thereon.
8.3 Cost of this Original Application be provided for.
8.4 Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case.
8.5 Cost of the petition may kindly be allowed."
3. The brief facts of the case are that all the applicants are working for the escorting and maintenance of A.C. Coaches of passenger trains operating through Habibganj Railway Station Bhopal Division of West Central Railway. They are requested to Page 4 of 11 5 OA No.200/01049/2016 report one hour before the departure of train from Habibganj Railway Station and they hand over the charge only when return back to Habibganj Railway Station. In between the journey, the applicants are not relieved at any point of time and are suppressed to perform duties.
3.1 It is further submitted by the applicants that they have represented to the department based on the order passed by co- ordinate Bombay Bench of this Tribunal in O.A. No.117/2008 decided on 07.03.2011 (Annexure A/1). Against the said order of Bombay Bench of this Tribunal, the respondent-department had approached the Hon'ble High Court of Bombay by filing a Writ Petition No.9227/2011 which had upheld the order of Tribunal passed vide order dated 07.03.2011. Thereafter the respondent department filed an SLP before the Hon'ble Supreme Court of India vide SLP (C) No.18333/2012 which was also dismissed by Hon'ble Supreme Court vide its order dated 23.02.2015 (Annexure A/3).
3.2 The applicants again represented their grievances to the respondent-department vide letter dated 23.04.2015 (Annexure A-
4). On non receipt of any response from the respondent- department, the applicants approached this Tribunal by filing an Original Application No.200/01098/2015 which was disposed of Page 5 of 11 6 OA No.200/01049/2016 vide order dated 22.12.2015 (Annexure A/5) by granting liberty to the applicants to file individual representations in regard to their grievances in the matter within 15 days and the same shall be decided by the respondents by way of passing a reasoned and speaking order. In compliance of the said order, the respondent- department vide order dated 18.05.2016 (Annexure A-7) had rejected the claim of all the applicants. Hence, this Original Application.
4. The respondents in their reply have submitted that the Railway Board, New Delhi vide letter dated 27.06.1985 (issued under RBE No.157/1985) (Annexure R/1) has decided the procedure for HOER-computation of duty hours Air-Conditioned Coach Attendants and in charges as under:-
"The ACC attendants and the in charges may be allowed one hour before the commencement of the train journey for completing the pre-departure formalities. Similarly, they may be allowed one hour more after the arrival of the train at their base station for completing the handing over procedures."
It is submitted by the respondents that the Railway Administration has adopted the aforesaid provision/guidelines of Railway Board, New Delhi for computation of duty hours of Air Conditioned Coach Attendants and on the basis of these guidelines the applicants are claiming their over time allowance payment for the halt period, which is not sustainable as the Railway Administration Page 6 of 11 7 OA No.200/01049/2016 has correctly arranged the payment of claims of applicants vide over time vouchers of applicants duly certified by Senior Section Engineer TL/AC(Electric) WCR, Habibganj (Annexure R/2). 4.1 It has been specifically submitted by the respondents that the abovementioned circular dated 27.06.1985 has not been declared null and void though was cited in O.A. No.117/2008. It is further submitted that every circulars issued by Railway Board has force of law and the cases referred in O.A. i.e. O.A. No.117/2008, W.P. No.9227/2011 and SLP(C) No.18333/2012 (supra), the circular of Railway Board dated 27.06.1985 was not challenged. Therefore, this circular is still having a force of law and the ratio-decidendi of aforesaid judgments is not applicable in the present case. 4.2 The respondents further submitted that the Railway Board vide RBE No.131/2005 (Annexure R/3) has revised the Railway Servants (Hours of Employment) Rules, 1961 and in terms of aforesaid circular the applicants are classified in category of 'continuous' (duty for 48 hours in a week). The definition of over time allowance is contained in Rule 1502 of the Indian Railway Establishment Code-Volume-I (1989 Edition) which is as under:-
"Overtime allowance is an allowance paid to Railway Servants for actual time worked in excess of the hours of employment prescribed by any law or rule."Page 7 of 11 8 OA No.200/01049/2016
Hence, in terms of these provisions the respondents have decided by representation of the applicants vide Annexure A/7 dated 18.05.2016. Therefore, the applicants are not entitled for any of the reliefs sought for by them in this O.A.
5. Heard the learned counsel for both the parties and perused the pleadings and documents annexed therewith.
6. From the pleadings itself, it is clear that all the applicants were engaged for performing the duties for escorting and maintenance of AC Coaches of passenger trains operating through Habibganj Railway Station, Bhopal Division of West Central Railway. It is also clear from the pleadings that the applicants are requested to report one hour before the departure of train from Habibganj Railway Station and they hand over the charge only when return back to Habibganj Railway Station. It is also not disputed that the applicants used to perform their duties and in between the journey the applicants are not relieved at any point of time and are suppressed to perform duties.
7. The learned counsel for the applicants has relied upon the judgment passed by co-ordinate Bombay Bench of this Tribunal in O.A. No.117/2008 decided on 07.03.2011 (Annexure A/1). From this order it is very clear that the O.A. No.117/2008 was filed for claiming proper overtime wages to ACCM and ACCA for the halt Page 8 of 11 9 OA No.200/01049/2016 period as they are not relieved from their duties even when the train is halted. In the present case also the applicant is also claiming the similar relief regarding the duties of ACCM and ACCA. There is no dispute to the fact that the duties of present applicants are same and similar as the duties done by the applicants in O.A. No.117/2008. The applicants in the said O.A. were held to be entitled for their relief as prayed. So, as the co-ordinate Bombay Bench of this Tribunal has dealt with this issue in detail and the case of the applicants is totally covered by the order in O.A. No.117/2008 (Annexure A/1).
8. The other side the submissions made by the learned counsel for the respondents is that as per RBE No.157/1985 (Annexure R/1) the procedure for HOER computation of duty hours of Air- conditioned Coach Attendants and in-charge is as under:-
"The ACC attendants and the in charges may be allowed one hour before the commencement of the train journey for completing the pre-departure formalities. Similarly, they may be allowed one hour more after the arrival of the train at their base station for completing the handing over procedures."
Therefore, on the basis of these guidelines the applicants are not entitled for payment of overtime allowance for the halt period. The overtime was given to the applicant as per Annexure R/2. It has been further submitted by the learned counsel for the respondents Page 9 of 11 10 OA No.200/01049/2016 that the definition of overtime allowance is contained in Rule 1502 of the Indian Railway Establishment Code-Vol I (1989 Edition).
9. Regarding these submissions made by the learned counsel for the respondents, the co-ordinate Bombay Bench of this Tribunal has already dealt with these two objections put forth by the respondent-department and it has been specifically held in Para 11 of the said order that the mere contention of the respondents that the applicants are governed by the Railway Board's letter dated 27.06.1985 or that they are being paid Daily Allowance under Para 1609 of IREC Volume-II, will not frustrate the claim of the present applicants. The co-ordinate Bombay Bench in O.A. No.117/2008 has also taken into consideration the Para 1502 of IREC regarding the definition of overtime allowance. As per Para 10 of the finding of the Co-ordinate Bombay Bench in O.A. No.117/2008, it has been clearly held that the overtime wage is paid to a Railway servant for actual time worked in excess of the hours of employment prescribed by law and the applicants are entitled to get overtime wages for the period which is over and above the prescribed period by law or rule for their duty. It has been further held by the Co-ordinate Bombay Bench that the period spent at halt has to be counted for the purposes of overtime.
Page 10 of 11 11 OA No.200/01049/2016
10. In view of the above, I am of the opinion that the instant O.A. filed by the applicants are fully covered by the order passed by Co-ordinate Bombay Bench of this Tribunal in O.A. No.117/20085 and are entitled for the same relief.
11. Resultantly, this O.A. is allowed with the following directions:-
(i) The applicants are entitled to claim overtime wages for the said halt period.
(ii) The claim of the applicants to get actual arrears, is restricted to three years prior to the filing of the present O.A.
(iii) The members of the applicant-Association shall present to the respondents relevant details of their travelling, including the halt period in question within a period of two months from the date of receipt of a copy of this order. The respondents shall calculate the overtime wages according to rules and pay the arrears to the applicants within a period of another two months thereafter, duly taking into consideration the halt period in question. No order as to costs.
(Ramesh Singh Thakur) Judicial Member kc Page 11 of 11