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Central Administrative Tribunal - Jabalpur

Ramesh Chand Rai vs M/O Railways on 20 March, 2025

                                                                                 1


                                                           Reserved
               CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
                                                                              JABALPUR
                                       Original Application No.200/01049/2016
                                      Jabalpur, this Thursday, the 20th day of March, 2025

HON'BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SMT. MALLIKA ARYA, ADMINISTRATIVE 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.)




                                                                                         Page 1 of 12
                  Digitally signed by VISHAL KUSHWAH



    VISHAL
                  DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=
                  COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=
                  Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone=
                  7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c669
                  575555f, SERIALNUMBER=
                  8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b3



   KUSHWAH
                  55c7dc8, [email protected], CN=VISHAL KUSHWAH
                  Reason:
                  Location:
                  Date: 2025.03.21 18:11:00+05'30'
                  Foxit PDF Reader Version: 2024.3.0
                                                                               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




                                                                                             Page 2 of 12
                  Digitally signed by VISHAL KUSHWAH



    VISHAL
                  DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=
                  COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=
                  Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone=
                  7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c669
                  575555f, SERIALNUMBER=
                  8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b3



   KUSHWAH
                  55c7dc8, [email protected], CN=VISHAL KUSHWAH
                  Reason:
                  Location:
                  Date: 2025.03.21 18:11:00+05'30'
                  Foxit PDF Reader Version: 2024.3.0
                                                                                        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 -Shri Surendra Pratap Singh, Sr. Central Govt. Standing Counsel)




                                                                                                      Page 3 of 12
                  Digitally signed by VISHAL KUSHWAH



    VISHAL
                  DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=
                  COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=
                  Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone=
                  7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c669
                  575555f, SERIALNUMBER=
                  8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b3



   KUSHWAH
                  55c7dc8, [email protected], CN=VISHAL KUSHWAH
                  Reason:
                  Location:
                  Date: 2025.03.21 18:11:00+05'30'
                  Foxit PDF Reader Version: 2024.3.0
                                                                                        4              OA No.200/01049/2016


                                                                                   ORDER

By Mallika Arya, Member (A)-

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. Earlier, the applicants in this Original Application have prayed for the following main reliefs:

"8.1 ........ 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 ....... to order and direct the respondents to pay arrears of pay/wages related to overtime wages for the half period with 18% interest thereon......"

3. The OA was allowed by this Tribunal vide order dated 11.12.2018 and the respondents challenged the order before High Court, Madhya Pradesh in Misc. Petition No. 375/2019 - Union of India & Ors Vs. Ramesh Chand Rai & Ors., which was allowed vide judgment dated 13.07.2019 to the following extent: -

"(i) Impugned order dated 11.12.2018 passed in O.A. No.200/01049/2016 is set aside.
(ii) Respondents are given liberty to carry out necessary amendment in O.A. No. 200/01049/2016 to incorporate the challenge in relief clause to the order dated 18.05.2016 and thereafter the Tribunal is requested to Page 4 of 12 Digitally signed by VISHAL KUSHWAH VISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S= Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c669 575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b3 KUSHWAH 55c7dc8, [email protected], CN=VISHAL KUSHWAH Reason:
Location:
Date: 2025.03.21 18:11:00+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA No.200/01049/2016 decide the OA on the existing pleadings after hearing the parties as expeditiously as possible."

4. In compliance of the aforesaid judgment of High Court, the applicant moved M.A No. 958/2023 before this Tribunal for amendment in relief clause which was allowed vide order dated 17.08.2023 and he has amended his relief clause as under: -

"8.1(A) Order dated 18.05.2016 Annexure A-7 of O.A. rejecting representation of applicant by a common order may kingly be quashed and set aside."

5. We have again heard learned counsel for the parties at length, gone through the pleadings on record and considered rival contentions.

6. 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 have to report one hour before the departure of train from Habibganj Railway Station and they hand over the charge only when they return back to Habibganj Railway Station. In between the journey, the applicants are not relieved at any point of time and are supposed to be on duty.

7. 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 Page 5 of 12 Digitally signed by VISHAL KUSHWAH VISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S= Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c669 575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b3 KUSHWAH 55c7dc8, [email protected], CN=VISHAL KUSHWAH Reason:

Location:
Date: 2025.03.21 18:11:00+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA No.200/01049/2016 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 upheld the order of Tribunal passed vide order dated 07.03.2011. Thereafter the respondent department filed a 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).
8. The applicants again represented 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 vide order dated 22.12.2015 (Annexure A/5) by granting liberty to the applicants to file individual representations with regard to their grievances in the matter within 15 days and the same to 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) rejected the claim of all the applicants. Hence, this Original Application.
9. 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- Page 6 of 12 Digitally signed by VISHAL KUSHWAH

VISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S= Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c669 575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b3 KUSHWAH 55c7dc8, [email protected], CN=VISHAL KUSHWAH Reason:

Location:
Date: 2025.03.21 18:11:00+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA No.200/01049/2016 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 has correctly made 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).
10. It is further submitted that every circular 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.
11. The respondents further submitted that the Railway Board vide RBE No.131/2005 (Annexure R/3) has revised the Railway Servants (Hours of Page 7 of 12 Digitally signed by VISHAL KUSHWAH VISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S= Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c669 575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b3 KUSHWAH 55c7dc8, [email protected], CN=VISHAL KUSHWAH Reason:
Location:
Date: 2025.03.21 18:11:00+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA No.200/01049/2016 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." Hence, in terms of these provisions the respondents have decided the representations of the applicants vide order dated 18.05.2016 (Annexure A/7). Therefore, the applicants are not entitled for any of the relief sought for by them as per this O.A..
12. Heard the learned counsel for both the parties and perused the pleadings and documents annexed therewith.
13. 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 have to report one hour before the departure of train from Habibganj Railway Station and they hand over the charge only when they return back to Habibganj Railway Station. It is also not disputed that the applicants perform their duties and in between the journey the applicants are not relieved at any point of time and are supposed to be on duty. Page 8 of 12 Digitally signed by VISHAL KUSHWAH

VISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S= Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c669 575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b3 KUSHWAH 55c7dc8, [email protected], CN=VISHAL KUSHWAH Reason:

Location:
Date: 2025.03.21 18:11:00+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA No.200/01049/2016
14. 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 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 regarding the fact that the duties of present applicants are same and similar to the duties done by the applicants in O.A. No.117/2008.

The applicants in the said O.A. were held entitled for relief as prayed. As the co-ordinate Bombay Bench of this Tribunal has dealt with this issue in detail, case of the applicants is totally covered by the order in O.A. No.117/2008 (Annexure A/1). Para 12 and 13 of the judgment of co-

ordinate Bombay Bench in O.A. No. 117/2008 reads as under:

"12. As far as para 1609 of IREC is concerned, it deals with Daily Allowance to be paid to those Railway Servants who remain absent for Headquarters for a certain period during the day. The said Daily Allowance is altogether a different concept and has nothing to do with the overtime allowance to be paid to the applicant for the halt period. The Daily Allowance is paid to the railway servant for covering their daily expenses when they travel beyond 8 kms. from Headquarters. Therefore, the defence of the respondents is rejected. The Daily Allowance and the overtime allowance operate in different situation Page 9 of 12 Digitally signed by VISHAL KUSHWAH VISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S= Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c669 575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b3 KUSHWAH 55c7dc8, [email protected], CN=VISHAL KUSHWAH Reason:
Location:
Date: 2025.03.21 18:11:00+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA No.200/01049/2016 altogether and they are two different concepts.
13. Turning to the facts of the present case, it is noted from the pleadings and records that the applicants are not only never relived after they take charge of the train at Mumbai Central till they return back after return journey, but they are also required to guard the AC Coach and help the secondary maintenance staff for setting right any defect which could have developed during the outward journey in order to avoid complications in return journey back to Mumbai Central. The contents of the letter dated 28.02.2002 are extremely relevant, although written by Sr. Section Engineer under whom the major operations take place. The respondents have not brought out any material to prove that there is any handling over or taking over the applicants at the destination where the train halts for a considerable period before returning to Mumbai. In fact, the applicants, i.e., ACCMs and ACCAs, are not allowed to leave the train unguarded and go anywhere. It amply proves that they are on duty throughout till they return to Mumbai Central and hand over the charge."

15. As per the submissions made by the learned counsel for the respondents, 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 Page 10 of 12 Digitally signed by VISHAL KUSHWAH VISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S= Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c669 575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b3 KUSHWAH 55c7dc8, [email protected], CN=VISHAL KUSHWAH Reason:

Location:
Date: 2025.03.21 18:11:00+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA No.200/01049/2016 payment of overtime allowance for the halt period. The overtime has been given to the applicant as per Annexure R/2. It has been further submitted by the learned counsel for the respondents that the definition of overtime allowance is mentioned in Rule 1502 of the Indian Railway Establishment Code-Vol. I (1989 Edition).

16. Regarding the 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 11 of 12 Digitally signed by VISHAL KUSHWAH

VISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S= Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c669 575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b3 KUSHWAH 55c7dc8, [email protected], CN=VISHAL KUSHWAH Reason:

Location:
Date: 2025.03.21 18:11:00+05'30' Foxit PDF Reader Version: 2024.3.0 12 OA No.200/01049/2016
17. In view of the above, we are 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.
18. Resultantly, this O.A. is allowed and the impugned order dated 18.05.2016 (Annexure A-7) is set aside. The applicants shall present the relevant details of their travelling, including the halt period in question before the respondents within a period of two months from the date of receipt of a copy of this order.

Thereafter, the respondents shall calculate the overtime wages according to rules and pay the arrears to the applicants within a period of two months thereafter. The applicants are held entitled for actual arrears upto three years prior to the filing of the present O.A.

19. No order as to costs.

           (Mallika Arya)                                                            (Akhil Kumar Srivastava)
        Administrative Member                                                           Judicial Member

 Shashi/VK




                                                                                                        Page 12 of 12
                    Digitally signed by VISHAL KUSHWAH



       VISHAL

DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S= Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c669 575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b3 KUSHWAH 55c7dc8, [email protected], CN=VISHAL KUSHWAH Reason:

Location:
Date: 2025.03.21 18:11:00+05'30' Foxit PDF Reader Version: 2024.3.0