Central Administrative Tribunal - Delhi
Ram Kumar S/O Rama Nand vs General Manager on 3 February, 2011
Central Administrative Tribunal
Principal Bench
O.A. No. 1741/2010
MA No.535/2010
New Delhi, this the 3rd day of February, 2011
Honble Mrs. Meera Chhibber, Member (J)
Honble Dr. A.K. Mishra, Member (A)
1. Ram Kumar S/o Rama Nand
Working as Gateman
(Gate No.76-C) in the office of Karnal Division,
Karnal.
2. Ram Kumar
S/o Ram Lal
Working as Gateman
(Gate No.73-C) in the office of Karnal Division,
Karnal.
3. Zila S/o Nanak Chand
Working as Gateman
(Gate No.76-C) in the office of Karnal Division,
Karnal.
4. Jai Bhagwan S/o Lal Chand
Working as Gateman
(Gate No.67-C) in the office of Karnal Division,
Karnal.
5. Tek Ram S/o Maha Singh
Working as Gateman
(Gate No.76-C) in the office of Karnal Division,
Karnal.
6. Yoginder Kumar S/o Rameshwar Parsad
Working as Rest Keeper in the office of
Panipat Division,
Karnal.
7. Jia lal S/o Maha Singh
Working as Gateman
(Gate No.77-C) in the office of Karnal Division,
Karnal.
8. Dhan Pat S/o Datu
Working as Gateman
(Gate No.77-C) in the office of Karnal Division,
Karnal.
9. Jai Singh S/o Nasib Singh
Working as Gateman
(Gate No.72-C) in the office of Karnal Division,
Karnal.
10. Mehar Singh S/o Kartara Ram
Working as Gateman
(Gate No.65-C) in the office of Karnal Division,
Karnal.
11. Karan Singh S/o Shri Pritam Singh
Working as Gateman
(Gate No.68-C) in the office of Karnal Division,
Karnal.
12. Rishi Pal S/o Karam Singh
Working as Gateman
(67 SPL) in the office of Karnal Division,
Karnal.
13. Sehaja S/o Gayasu Ram
Working as Gateman
(Gate No.61-C SPL) in the office of Karnal Division,
Karnal.
14. Pirthi S/o Phool Singh
Working as Gateman
(Gate No.61-C) in the office of Karnal Division,
Karnal.
15. Ram Bhaj S/o Moti Ram
Working as Rest Keeper
in the office of Karnal Division,
Karnal.
16. Om Parkash S/o Ram Kishan
Working as Gateman
(Gate No.62-C) in the office of Karnal Division,
Karnal.
17. Kishna Chand S/o Risala
Working as Gateman
(Gate No.62-C) in the office of Karnal Division,
Karnal.
18. Pala S/o Udhmi
Working as Gateman
(Gate No.42-C) in the office of Karnal Division,
Karnal.
19. Puran Chand S/o Siri Chand
Working as Gateman
(Gate No.67-AC) in the office of Panipat
Division, Karnal.
20. Bachan Singh S/o Bhagat Nath
Working as Gateman (Gate No.69-SPL)
In the office of Karnal Division, Karnal.
21. Ram Yaga S/o Bhwani Parsad
Working as Gateman
(Gate No.69-SPL) in the office of Karnal Division,
Karnal.
22. Mata Prasad
Working as Gateman
(Gate No.68-C) in the office of Karnal Division,
Karnal.
23. Kishan Chand S/o Lachman
Working as Gateman
(Gate No.68-C) in the office of Karnal Division,
Karnal.
24. Hakim S/o Khilla Ram
Working as Gateman
(Gate No.64-SPL) in the office of Karnal Division,
Karnal.
25. Dhani Ram S/o Kundan
Working as Gateman
(Gate No.64-SPL) in the office of Karnal Division,
Karnal.
26. Ram Kumar S/o Phool Singh
Working as Gateman
(Gate No.67 SPL) in the office of Karnal Division,
Karnal. ..Applicants
By Advocate: Shri Rakesh Handa.
Versus
1. General Manager,
Northern Railway,
Headquarters Office,
Baroda House,
New Delhi.
2. Divisional Railway Manager,
State Entry Road,
Cannaught Place,
New Delhi.
3. DSE-I, Northern Railway,
State Entry Road,
Cannaught Place,
New Delhi.
4. AEN, Karnal, Railway Station, Panipat.
5. PWI, Karnal, Railway Station Karnak,
District Karnal. ..Respondents
By Advocate: Shri P.K. Yadav.
O R D E R
By Honble Mrs. Meera Chhibber, Member (J) :
26 applicants have filed this OA who are working as Gateman on different gates under Karnal Division. It is submitted by the applicants they are made to work 12 hours at a stretch instead of 8 hours, that too without giving them any overtime. As per law, department cannot take work from an employee for more than 48 hours in a week but applicants are being made to work beyond 48 hours. Moreover, earlier they had quarter nearby the gates but now quarters have been shifted to far off places. They do not even have toilets to ease themselves during such long hours. The numbers of trains have also increased with the passage of time, the applicants are, therefore, overburdened.
2. They have referred to the letter dated 14.9.2007 written by Sr. DEN to the Delhi Division for providing necessary infrastructure as per requirement of upgraded level crossings in view of recommendations made by the CRs which reads as under:-
Railway should immediately review the working of the level crossing gates and where the TVU have gone high and qualify to be upgraded to A class on such level crossing gates three gatemen should be posted immediately. Railway should also undertake upgradation of the level crossing gates without further loss of time.
3. It is stated by the applicants that they have given number of representations to the authorities starting from 22.7.2009 onwards requesting therein that they should be paid overtime allowances/payments to the applicants and their duty hours should be fixed as 8 hours in terms of above letter (page 50) but till date neither they have paid the overtime nor their working hours have been reduced. They have thus prayed that respondents be directed to post three gateman in 24 hours on all the railway crossing on which the applicants are employed with a further relief of directing the respondents to give arrears in the shape of payment of overtime to which all the applicants are entitled to receive since 1995/since joining their duty as gateman till its realization in the interest of justice.
4. Respondents have opposed the OA. They have stated that under Railway Servant (Hours of Work and period of Rest) Rules, 2005 (hereinafter referred to as HOER Rule 2005) classified in four categories, i.e., (i) intensive (ii) continuous (iii) excluded staff or (iv) essentially intermittent. Railway servants works under any one of the above mentioned categories. The essentially intermittent workers, herein the Gatemen are working in 12 hours duty roster in essentially intermittent category since inception of the said gates.
5. Under the above mentioned HOER Rules 2005, there is a certain provision for change in classification, if required by after factual job analysis only, in certain circumstances. At present the duty of the Gateman of 12 hours is rightly being taken by the Railway Administration as per their classification, i.e., essentially intermittent category and hence, in view of this there is no overtime due to them. In the said rule of HOER Rule 2005, Rule 7 provides fixation of hour of work of the particular category as provided under Section 130 of the Railway Act also wherein, under essentially intermittent category, the work of an employee is to be regarded as essentially intermittent if his daily duty hours which should be assumed to be 12 hours per day with certain exclusion, i.e., (i) one period of inaction of not less than 1 hour or two such period of not less than = hour each (ii) various period of inactions including the period of inaction specified in clause aggregating 50% or more, during which he is not generally called upon to display either physical activities or sustained attention.
6. They have further stated there is a priority register maintained in Delhi Division office and on the receipt of any justified demand, the same is entered in the priority register and accordingly the factual job analysis is performed on the desired gates as per its turn. Rule has made it very much clear that the change of category depends upon the factual job analysis that has been provided under Clause 7 of the said rule supported by Rule 8 and in this case job analysis had not been done and after only factual job analysis, the change in the classification can be made after approval of the competent authority, i.e., GM/CPO if the result of factual job analysis warrants to do so. Accordingly, the Railway Administration had decided to conduct the factual job analysis w.e.f. 7.9.2010 to 10.9.2010 on the gate No.69-C on representative basis and action would be taken according to the job analysis, if it warrants to do so. The applicants are working on the gates which are classified as E1 category since long accordingly duty roster of 12 hours duty has been issued by the authority from time to time. No overtime is due to them as all of them are performing 12 hours duty as per their duty roster and in view of above, there is no violation of any kind, as alleged in the ground and regarding the nature of the job, the job analysis is being conducted since 7.9.2010 to 10.9.2010 on the Gate No.69-C on representative basis and action would be taken accordingly. They have thus prayed the OA may be dismissed.
7. We have heard both the counsel and perused the pleadings also. Respondents have themselves stated that the change in the classification of duty can be made only after factual job analysis. They have stated that factual job analysis has been conducted on Gate No.69-C w.e.f. 7.9.2010 to 10.9.2010 but further action has not been taken so far. We, therefore, dispose of this OA at the admission stage itself by directing the respondents to pass a reasoned order for dealing with the grievance of the applicants on the basis of factual job analysis carried out by them. This shall be done within a period of 2 months from the date of receipt of a copy of this order. No costs.
(DR. A.K. MISHRA) (MRS. MEERA CHHIBBER)
Member (A) Member (J)
Rakesh