Central Administrative Tribunal - Ernakulam
Jaikrishnan Narayan vs The General Manager Southern Railway ... on 31 August, 2022
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Central Administrative Tribunal
Ernakulam Bench
O.A No.180/00131/2019
Wednesday, this the 31st day of August, 2022
CORAM:
Hon'ble Mr. Justice K. Haripal, Judicial Member
1. Jaikrishan Narayan, aged 49 year,
S/o. S. Narayan, Senior Technician, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Chandradhanus, Paraniyam,
Poovar P.O., Trivandrum-695525.
2. J.S. Ajith, aged 40 years,
S/o. Jayadevan Nair, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Thanal, Muttapalam P.O., Varkala,
Trivandrum-695145.
3. K.K. Omanakuttan Pillai, aged 56 years,
S/o. P. Kunjan Pillai, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at Vazhapalli Thekethil, Vengai P.O.,
Sasthan Kotta, Kollam.
4. R.S. Manoj Kumar, aged 43 years,
S/o. P. Raveendran Nair, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division
residing at Ayyamangalam, Thiruvallam P.O.,
Trivandrum-695027.
5. Joseph Mathew, aged 41 years,
S/o. P.M. Martin, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division
residing at Pullukattu House, Cheeranchira P.O.,
Changanacherry.
6. P.R. Santhosh Kumar, aged 40 years,
S/o. S. Parameswaran, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at. Radha Bhavan, Pulimoodu, Vellaikadavu,
Puliyarakonam P.O., Trivandrum-695573.
7. A Mohan, aged 58 years,
S/o. L. Appu,, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division
residing at Door No.20, M.C. Kuppam,
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Reddyur P.O., Jolarpettai, Vellore District, Tamil Nadu.
8. Sakhila Murmu, aged 29 years,
S/o. Jaskan Kurmu, Technician III, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Railway Quarters No.129/C,
Rail Gardens, Thampanoor, Trivandrum.
9. K.P. Manoj, aged 38 years,
S/o. P, Kesavan Nair, Technician I, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Prestige avenue No.Il,
Karikkakom, Trivandrum.
10. S. Sreejith, aged 32 years,
S/o. Sasidharan Nair V. Technician, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Devi Nivas, T.C. 36/299(7),
House No.13, Manava Nagar, Pettah P.O.,
Trivandrum-695024.
ll. P. Madhu, aged 48 years,
S/o. S. Prakashan, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at M.S. Bhavan, Sree Bhadra Lane, Aniyoor,
Chempazhinthi P.O, Trivandrum-695587.
12. R. Renjith-I, aged 35 years,
S/o. N. Raveendran, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at Quarter No.134/F, Railway Quarters,
Thampanoor, Trivandrum.
13. P.S. Sasidhran, aged 51 years,
S/o. P.K. Sankaran, Technician II, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Railway Quarter No.139/B,
Rail Gardens, Thampanoor, Trivandrum.
14. P.R. Pushparaj, aged 58 years,
S/o. Ramakrishnan P.V, Technician Il, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Pulickal House,
Armbur P.O., Thrissur.
15. R. Ramachandran Nair, aged 59 years,
S/o. T. Raman Menon, Technician I, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Devi Kripa, Kannimel,
Pattazhi P.O., Kottarakara, Kollam.
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16. B. Lalu, aged 57 years,
S/o. R. Bhargavan, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at TC 32/63 /9, Makam Niwas,
Karikkakom P.O., Trivandrum.
17. K. Vijayakumar-I, aged 42 years,
S/o. Krishnankutty, Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at Shruthi Nivas, Pongil, Maavinmoodu,
Kallambalam, Trivandrum.
18. J. Radhakrishnan Unni, aged 58 years,
S/o. N. Raghavan Unni, AC Coach Attendant,
Kochuveli, Southern Railway, Trivandrum Division,
residing at Thiruvathira, TC 18/976-15,
Kunnapuzha, Aranmula PO., Trivandrum.
19. R. Sajeesh, aged 41 years,
S/o. Raghavan, Technician III, AC., Trivandrum Central,
Southern Railway, Trivandrum Division,
residing at Pranavam, Netajipuram,
Shanthigiri P.O., Pothencode, Trivandrum.
20. R. Renjith-II, aged 31 years,
S/o. Raveendran Nair, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at Kuttikallumpurathu, Valiapadam,
Vilanthara P.O Sathankotta, Koallam.
21. E. Rajendran, aged 54 years,
S/o. Elian, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at No.4/1253, Kamber Street,
Anna Nagar, Thirudravar, Chennai.
22. Vipin K. Nair, aged 30 years,
S/o. Karthikeyan Nair, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at Kuravankonathu Veedu, Kurishadi,
Karyavattom P.O., Trivandrum.
23. N. Chelladurai, aged 58 years,
S/o. U. Nainar, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at 689 /B, Golulam, Santhamoola,
Malayinkil P.O. Trivandrum.
24. K.M. Philip, aged 56 years,
S/o. K.J. Mathai, Senior Technician, AC., Kochuveli,
Southern Railway, Trivandrum Division,
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residing at Koyipurathu, Thadiyoor P.O.,
Thiruvalla, Pathanamthitta.
25. C. Gopalakrishnan, aged years,
S/o. T. Chandrasekharan, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at 165/C, 12th Street, Ex-Servicemen Colony,
Golden Rock, Trichy.
26. G. Palani, aged 39 years,
S/o. Gopal, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at Ulli Village, Pillayar Kovil Street P.O.,
Pernambet Taluk, Vellore District, Tamil Nadu.
27. Abraham Mathew, aged 58 years,
S/o.Cherian Mathew, Technician-I, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Thevarvalady House,
Thuruthy P.O., Changanacherry, Kottayam.
28. R. Rajesh, aged 59 years,
S/o. J. Raveendran, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at R.S. Bhavan, Kanjikkal,
Valathungal P.O., Kollam.
29. K. Arumuga Nainar, aged 39 years,
S/o. A. Kannapiran, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at 179, Muthulakshmi Bhavanam,
Indira Nagar, Kiranamangalam, Suthamalli, Thirunelveli.
30. G. Sunil Kumar, aged 45 years,
S/o. K. Gopinathan Pillai, Technician-I, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at KG. Nivas,
Karyavattom P.O., Trivandrum.
31. N. Enilkumar, aged 45 years,
S/o. Narayanan N., AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Induja Bhavan, Kummalloor P.O,
Adichanellor, Kollam.
32. J. Mohammed Ajim Mohaideen, aged 51 years,
S/o.K.M. Jamal Mohaideen, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at TC 39/1129, RRWA-65, Attakulangara,
Chalai PO., Trivandrum.
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33. V. Sasikumar, aged 49 years,
S/o. Velayudhan, Technician-I, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Saranaalayam,
Karumom P.O., Trivandrum.
34. K. Sugathan Achary, aged 57 years,
S/o. Kunjuraman Achary, Technician-I, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Adavikuzhiyil,
Kallely P.O., Konni, Pathanamthitta.
35. T.C. Sukumaran, aged 55 years,
S/o. Chandran, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Thaiparambil House,
Edadu P.O, Moolamattom, Idukki.
36. Ratti Ram Meena, aged 52 years,
S/o. Laxmi Narayan Meena, Technician-III, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Ghosvara Village, Salwari P.O.,
Alwar District, Rajasthan.
37. S. Gopakumar, aged 33 years,
S/o. Sivan Nair, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Ambadi House, PNRA-A/66,
Kizhakkumbhagom, Kazhakuttam PO., Trivandrum.
38. S. Rajesh Kumar, aged 39 years,
S/o. Sivasankaran Nair, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at Sivashylam, VV Road,
Pattoor, Trivandrum.
39. T. Ashokan, aged 41 years,
S/o. Arumugham, Technician, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Amrita Bhavan, Kuriyottumala,
Piravamthoor, Kollam.
40. V. Chenchurathnam, aged 44 years,
S/o. V. Chengalrayulu, Helper-Il/AC,
Office of Senior Section Engineer, Electrical, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Door No.2-2, Kovanur (ST Colony),
Kovanur Post, K.V.B. Puram (Mandal), Chittoor District.
41. B. Anilkumar, aged 41 years,
S/o. Balan, AC Coach Attendant, Kochuveli,
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Southern Railway, Trivandrum Division,
Residing at Arun Nivas,
Alummood P.O., Naduvilakkara, Kollam.
42. S. Navas, aged 40 years,
S/o. Sirajudeen, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing Dharullain, T.C. 76/800(1),
Puthumana Lane, Kudavoor, Trivandrum.
43. M.G. Umamaheswaran, aged 60 years,
S/o. Ganapathy Dader, Retired AC Coach Attendant,
Kochuveli, Southern Railway, Trivandrum Division,
residing at Maruthi Back Street, S. Kodiyur,
Jolarpettai, Tirupattur, Vellore.
44. S. Thulasidharan Pillai,, aged 59 years,
S/o. Sankaran Pillai, Helper-II, AC,
Office of Senior Section Engineer, Electrical, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Nandu Bhavan, Parultiyara,
Odanavattom P.O., Kottarakara, Kollam.
45. P. Sermakani, aged 56 years,
S/o. Perumal, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at No.1, Thirumurugan Nagar,
Peramannur, M.M. Nagar, Chengalpettu P.O., Chennai.
46. K. Vijayakumar II, aged 54 years,
S/o. T.P. Kelappan, Senior Senior Technician, AC.,
Kochuveli, Southern Railway, Trivandrum Division,
residing at Railway Quarter No.84/A,
Anwar Garden, Poojapura, Trivandrum.
47. M. Anandababu, aged 57 years,
S/o. Chandu Panicker, Technician II, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Quarter No.149/G, Anwar Garden,
Poojapura, Trivandrum.
48. R. Thulasidharan Kani, aged 52 years,
S/o. N.Ramakrishna Kani, Technician I, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Thadatharikathu Veedu, Velloorkoram,
Vemp, Elavattom P.O, Trivandrum.
49. A. Gopakumar, aged 59 years,
S/o. N. Appukuttan Nair, Senior, Technician, AC.,
Kochuveli, Southern Railway, Trivandrum Division,
residing at Kochuveedu,
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Thevalli P.O. Kollam.
50. C.V. Lalu, aged 35 years,
S/o. K. Chandran, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
residing at Devu Bhavan,
Chilambil Sastavattom P.O., Trivandrum.
51. M. Benedict, aged 53 years,
S/o. J Manuel, Senior Technician, AC., Kochuveli,
Southern Railway, Trivandrum Division,
residing at Shangrila, Karikkakom P.O, Trivandrum.
52. S.Vinayan, aged 41 years,
S/o. Sadasivan, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Moolayil House, Vilayilkulam,
Kazhakuttam P.O., Trivandrum.
53. Kesavan K, aged 52 years,
S/o. Kariyappu Naik, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Souparnika Nivas,
Chamundikunnu P.O. Rajapuram Kazarkode.
54. N. Mooveendan, aged 56 years,
S/o. M. Nityananadan, Technician II, AC., Kochuveli,
Southern Railway, Trivandrum Division,
Residing at No.7, Block-7,
Bhaskardas Nagar, Madurai.
55. C. Ashok Kumar, aged 60 years,
S/o. K.N. Chandrasekharan Niar,
Retired Senior Technician, AC., Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Pengatteparambil House, TC 11/102, NNRA 145,
Kowdiar P.O., Trivandrum.
56. S.Abdul Rahim, aged 52 years,
S/o .Abdul Aziz, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at 28/45, B Cross, Ram Nagar Colony,
Chittoor, Andra Pradesh.
57. Jairam, aged 33 years,
S/o. Kajodmal Bairwa, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at V.P.O, Chillodi, Tehsilrenny,
Halwar District, Rajasthan.
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58. A. Raveendran, aged 55 years,
S/o. C. Velayudhan Nair, Technician III, AC., Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Geetha Mandiram,
Mathur, Palghat.
59. Valsalan Mannambeth, aged 56 years,
S/o. Kunjambu, Technician II, AC., Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Sreevalsam, Palottuvila,
Melayinkil P.O. Trivandrum.
60. E.S. Sreejith, aged 34 years,
S/o.E.R. Sreedharan, AC Coach Attendant, Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Railway Quarter No.131/B,
Rail Garden, Thampanoor, Trivandrum.
61. C. Raveendran, aged 51 years,
S/o.Chellappan, Technician I, AC., Kochuveli,
Southern Railway, Trivandrum Division,
Residing at Railway Quarters No.81/A,
Anwar Garden, Poojapura, Trivandrum.
62. C. Manoharan, aged 56 years,
S/o. Narayanan, Technician I.AC., Trivandrum Central,
Southern Railway, Trivandrum Division,
Residing at Kunnuvila Veedu, Kurakkada P.O.,
Chirayankizh, Trivandrum. - Applicants
(By Advocate: M/s. Varkey & Martin)
Versus
1. Union of India, represented by The General Manager,
South Railway, Park Town, Chennai - 600 003.
2. Senior Divisional Electrical Engineer, South Railway,
Trivandrum Division, Trivandrum - 14.
3. The Senior Divisional Personnel Officer,
South Railway, Trivandrum Division, Trivandrum - 14.
4. The Senior Section Engineer (Electrical),
Southern Railway, Kochuveli - 695 025. - Respondents
(By Advocate: Mrs. O. M. Shalina, SCGSC)
The O.A having been heard on 25th August, 2022, this Tribunal delivered the
following order on 31st August 2022:
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ORDER
Applicants, 62 in number, are/were working as AC Coach Attendants/AC technicians in Trivandrum Division of Southern Railway; except applicant Nos. 43 and 55 who have retired from service, all are still in service. Their grievance is that they are being engaged by the respondents for out-bound long distance Superfast trains from Kochuveli/Trivandrum Central to different destinations like New Delhi, Kolkata, Hapa, Veraval, Kurla/Mumbai, Korba, etc. Though classified as "continuous" workers rostered to work eight hours each for six days with one day rest in a week, in fact they are made to work through the journey of such trains from starting point to destination, that is, for almost three days; they are not relieved at the destination station and hand over the charge only when the train returns back to Kochuveli/Trivandrum. They are on duty even after reaching the destination till the commencement of the return journey. The intervening period in railway parlance is known as halt period; such halt period is treated as duty and they are given benefits such as TA/DA. But the said period is not reckoned for granting overtime allowance. Once they board the train from the headquarters, they remain on duty till reach back to the headquarters in the same train. Even after arriving at the destination station they are in charge of all electrical equipments, AC plant and public amenities such as linen etc. They have to guard AC coaches also and help secondary maintenance staff for setting right defects developed during onward journey to avoid any complaint in return journey. The grievance of the applicants is that even though they are on continuous duty from the time of commencement of the train till it reaches 10 back, they are not paid overtime for the halt period. It is illegal. On a similar application the Bombay Bench of this Tribunal had found that employees similarly placed should be paid overtime allowance for the halt period. Though the respondents had taken up the matter with the Hon'ble High Court of Bombay, the OP(CAT) was dismissed. Thereafter an SLP filed before the Hon'ble Apex Court stands dismissed. On these lines, the first applicant had submitted a representation to the 3rd respondent, the Senior Divisional Personnel Officer, Southern Railway, Trivandrum Division on 22.05.2018 but it has not yet been considered at all. Other applicants had also submitted similar representations but of no avail. Thus they seek a declaration that the applicants are eligible for overtime allowance for the halt period and consequential reliefs.
2. On behalf of the respondents reply statement has been filed stating that the application is barred by limitation; except the first applicant other applicants did not file any representation as claimed. Referring to an order passed by the Principal Bench of this Tribunal in O.A 250/2017, they pointed out that the Principal Bench had disallowed a similar claim and therefore the application is liable to be dismissed.
3. I heard learned counsel for the applicants and also learned SCGSC for the respondents. The learned counsel for the applicants submitted that if ever the employees are expected to work for more than 96 hours a week, they are 11 entitled to get overtime allowance, that payment of DA will not amount to duplication of the claim. He said that daily allowance and overtime allowance are different concepts. According to learned counsel, the applicants are similarly placed as that of the petitioners in Annexure A1, they are on continuous duty till the train reaches back the boarding station/headquarters and that they do not hand over charge at the place of destination. According to him, the Hyderabad Bench of this Tribunal has also passed an order on the lines of Annexure A1. Now the Hon'ble Apex Court has also favoured the order so that there cannot be any impediment in allowing the legitimate claims of the applicants.
4. Learned SCGSC for the respondents submitted that except the first applicant others have not given any such representation. According to her, after the train reaches the destination station, the AC Coach Attendants/ AC Technicians are relieved, are made free so that the period of halt cannot be reckoned for granting overtime allowance. The learned counsel for the applicants has disputed this argument. According to him this aspect has not been stated in the reply statement despite the fact that the applicants had positively averred that they are not relieved till they reach back the boarding station.
5. After hearing counsel on both sides, I am of the definite view that the claims raised by the applicants are really formidable. It is not disputed that 12 they are employees belonging to the AC Coach Attendants/AC Technicians who are in charge of the AC coaches from the place of commencement of journey till the train reaches back the headquarters. In Annexure A1 the learned Tribunal has elaborately quoted the duties and responsibilities of AC Coach Mechanics and AC Coach Attendants which clearly indicate that they are on duty throughout the journey, accompanying the train till it reaches back the boarding station.
6. Secondly it is positively averred in the petition that the applicants continue to perform the duties and sign off only after reaching the headquarters; in other words from the headquarters till the train reaches back the place after completing journey, they are expected to be on board, attending the duties assigned to them. Reckoning the same they are given TA and DA. According to the respondents, for the purpose of payment of overtime allowance, they are relieved at the place of destination. But that does not stand to reason. As adverted to earlier, they have been given specific duties. AC Technicians/AC Attendants are expected to be in charge of the safe custody and maintenance of all the fittings and other materials such as linen etc., provided in the coach, in satisfactory condition. There is nothing on record to say that at the place of destination or at the halt period they are made free or relieved and such valuables and materials are put in charge of somebody from the time of arrival till the time of departure at the place of destination. As noticed earlier, the positive averments that they are in continuous charge of the materials and machinery including AC equipments 13 are not rebutted by the respondents.
7. During the course of argument, it has also come out that unlike in the case of Locopilots, TTEs, Guards, this category of employees like AC Mechanics and AC Attendants have to be on board the train throughout the journey and they get relieved only after the train reaches back to the boarding station. They are not provided any rest room on the way or on the place of halt destination but have to remain in the coach itself, taking care of the materials and machineries entrusted with them.
8. Learned Bombay Bench of this Tribunal has elaborately considered the nature of duties assigned to employees similarly placed and came to the conclusion that they are entitled to get overtime allowance. The Tribunal also had taken into consideration an order passed by the Central Government Industrial Tribunal (CGIT) where the High Scale Electric Fitters, AC Coach Attendants and Helper Khalasis had claimed overtime allowance. It was noticed that they were found entitled for overtime allowance since they are working round the clock and are not relieved at any point of time during the period of operation. The finding of the CGIT was upheld by the High Court and then by the Apex Court.
9. Here also Annexure A1 order was challenged before the High Court of Bombay; when the order was confirmed by the Hon'ble Bombay High Court, 14 the Union of India preferred SLP before the Hon'ble Apex Court and by Annexure A2 order the SLP was also dismissed. In other words, Annexure A1 order has become final and the question has become fait accompli.
10. Even though some technical objections were raised by the respondents, I am not satisfied that those contentions like barred by limitation, etc., do not require serious consideration.
11. On an evaluation of the materials on record, I have no doubt that the applicants are entitled to get a declaration that they are eligible to claim overtime allowance at the destination station for the halt period. The respondents shall reckon such halt period for payment of overtime allowance and shall pay such allowances due to the applicants as per law. However, it is made clear that such claim shall be limited to the past three years prior to date of filing of this O.A.
12. O.A is allowed as above. No costs.
Justice K. Haripal Judicial Member bp 15 List of Annexures Annexure A1- A true copy of the order passed by Mumbai Bench of this Tribunal in O.A 117 of 2008.
Annexure A2- A true copy of the judgment in SLP No. 18333 of 2012 passed by the Hon'ble Supreme Court.
Annexure A3- A true copy of the representation dated 22.05.2018 submitted by the first applicant to the 3rd respondent.
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