Ram Kumar And Ors vs Union Of India And Ors

Jasmine Ahmed, J

Learned counsel for the applicants states that as per the short counter filed by the respondents the O.A can be disposed of very well with a direction to the respondents to consider the case of the applicants as per the record in reference to over time performed by the applicants and the payment be made to them. The brief fact of the case is that as the applicants herein are Senior Cabin Man working at Shamli Station under Delhi Division.

It is contended that the applicants performed extra hours of work from December, 2010 to December, 2016 but not paid the remuneration for the extra work done by them. In this regard, they have preferred various representations for release of their hard earned overtime dues but of no use as the respondents till date had not released any amount due to them. Accordingly, the applicants prayed before this Tribunal that a direction be given to the respondents to pay the remuneration to the applicants for extra work done by them as overtime.

In the reply filed by the respondents it is found that in para 4 the respondents has stated as under :-

"It is submitted that due to shortage of staff at Shamli Station the applicants are working beyond limit and they are entitled to OT periods."

In para 6 the respondents have stated as under :-

"It is submitted that in this regard a letter was sent to TI/Shamli, SS/Shamli and DMO/G to send duplicate claim period for making overtime bill. It is submitted that in absence of relevant records OTA cannot furnished."

In para 7 it is stated as under :-

"It is submitted that as soon as relevant bills are received from TI/Shamli under SS/Shamli the claim of applicants for OTA will be processed."

Counsel for respondents stated that the applicants have not submitted bills in proper time and not claimed the overtime in due time hence, it is difficult for the respondents at a belated stage to calculate the overtime allowance to be paid to them. He states that the claim of the applicants accordingly is a belated claim and cannot be entertained. They should have approached the Tribunal much earlier.

Taking into consideration the statement given by the respondents in their counter that already the matter is under consideration and as and when the relevant bills will be received from Shamli, the claim of the applicants for OTA will be processed, it is unnecessary to keep the O.A pending. Hence, the respondents are directed to call for the records from Shamli and after that process the overtime rendered by the applicants and calculate the remuneration and pay them within a period of 6 months from the date of receipt of a certified copy of this order.