Manohar Kumar & Ors. vs Union Of India & Ors.

Shri Rajvendra Singh, learned counsel for the applicant and Shri Vidyapati Tripathi, learned counsel for the respondents are present and heard.

By means of this OA, the applicants have sought the following reliefs :

The applicants, namely Manohar Kumar, Prashant Kumar, Hari Narayan Prasad, Hari Shankar Maurya and Sanjay Kumar Singh, are working as Goods Guards (Train Managers) under the North Central Railway, Prayagraj Division. The applicants claim that they have been performing overtime duties during the period from 2019 to 2023 and are entitled to payment of overtime wages/allowances in accordance with the applicable rules and regulations. They contend that despite having discharged the requisite duties, their overtime wages have not been paid, whereas similarly situated employees have received such payment. The applicants further state that they submitted representations to the competent authorities, including the representation dated 16.01.2024, but no appropriate decision has been taken thereon. Aggrieved by the alleged inaction of the respondents and non-payment of overtime wages, the applicants have approached this Tribunal seeking appropriate directions for payment of their overtime wages along with interest and for consideration of their grievance in accordance with law.

The respondents, in their counter reply, have stated that the overtime allowance of applicant Nos. 4 and 5, namely Hari Shankar Maurya and Sanjay Kumar Singh, for the period from 28.08.2022 to 20.05.2023 and 15.08.2022 to 11.02.2023, respectively, has already been paid through the salary bill of April 2024. The overtime bills of the remaining applicants have been forwarded to the competent authority for approval and vetting by the Sr. DFM. The respondents have further submitted that the applicants’ claims are under process and the pending amounts shall be paid after approval by the competent authority. Accordingly, they have contended that there is no illegality or infirmity in the action of the respondents and prayed for dismissal of the Original Application.

A rejoinder has also been field stating almost the same facts as narrated in the OA.

I have heard the learned counsel for the parties.

Learned counsel for the applicants submitted that the applicants had performed overtime duties during the relevant period but their overtime wages were not paid in time, despite their entitlement under the applicable rules. It was further submitted that the respondents had admitted in their counter reply that the overtime allowance of applicant Nos. 4 and 5 had been paid through the salary bill of April 2024, whereas the overtime bills of the remaining applicants had been forwarded to the competent authority for approval and vetting. Learned counsel contended that the delayed payment of the applicants’ legitimate dues had caused financial hardship and, therefore, the applicants were entitled to interest on the arrears. Accordingly, a prayer was made to direct the respondents to pay interest on the delayed payment of overtime wages.

Learned counsel for the respondents submitted that the overtime allowance payable to applicant Nos. 4 and 5, namely Hari Shankar Maurya and Sanjay Kumar Singh, for the respective periods from 28.08.2022 to 20.05.2023 and 15.08.2022 to 11.02.2023 had already been paid through the salary bill of April 2024. It was further submitted that the overtime bills of the remaining applicants had been forwarded to the competent authority for approval and vetting by the Senior Divisional Finance Manager. The respondents contended that the matter was being processed in accordance with the prescribed procedure and that there was no deliberate inaction or illegality on their part. Accordingly, they opposed the allegations of the applicants and prayed for appropriate orders in the matter.

I have carefully considered the rival submissions advanced by learned counsel for the parties and perused the material available on record.

The applicants’ grievance in the present Original Application is primarily with regard to the non-payment of interest on the delayed payment of overtime wages/allowances. The respondents, in their counter reply, have stated that the overtime wages of applicant Nos. 4 and 5 have already been paid through the salary bill of April 2024, whereas the overtime bills of the remaining applicants were forwarded to the competent authority for approval and vetting. In these circumstances, competent authority amongst respondents is hereby directed to pay the arrears of over time wage/allowances of the remaining applicants whose matters are still under process and have not been paid expeditiously.

The applicants’ claim for interest on the delayed payment of overtime wages requires consideration in accordance with the applicable rules. Accordingly, the respondents are directed to examine the applicants’ claims for interest and, if the applicants are found entitled to the same under the applicable rules, pay simple interest at the rate of 6% per annum on the overtime wages paid belatedly, calculated from the respective dates on which the amounts became due until the dates of actual payment. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order. The Original Application is accordingly disposed of with the aforesaid directions. There shall be no order as to costs. All associated MAs also stand disposed of.