Satbir And Ors vs Union Of India And Ors

The applicants have filed this OA, seeking the following reliefs:-

"8.1 That the Hon'ble Tribunal may be graciously be pleased to allow this applicant and direct the respondents to act in accordance with Station Working Rules by putting the applicants for 8 hours duty every day in every shift.

8.2 That the Hon'ble Tribunal may further graciously be pleased to direct the respondents to pay over time allowance for the period of 4 hours extra which they had been performing ever since they were appointed as per memo of parties.

8.2 That the Hon'ble Tribunal may also graciously be pleased to direct the respondents to pay interest @12% per annum from the date the amount was due till the actual date of payment.

8.2 That the Hon'ble Tribunal may further graciously be pleased to pass any other or further order as may be deemed fit and proper on the facts and circumstances of the case.

8.3. That the Hon'ble Tribunal may further be graciously be pleased to grant costs against the respondents and in favour of the applicant."

When the matter is taken up for hearing, it is noticed that the applicant has not been appearing since 17.09.2019. Today also, there is no representation for the applicant even in the revised call. Hence, we are constrained to proceed with the matter under Rule 15 of the CAT (Procedure) Rules, 1987.

During the arguments, counsel for the respondents has submitted that in a similar case bearing OA No. 1433/2018 in the matter of Sunil & Ors. Vs. Union of India & Ors., this very Bench had permitted the applicants to submit their representations individually giving the details of their residence and place of their duty and as such, requested that the same directions be issued in the present OA as well.

Since the issue involved in the present case also pertains to the claim of overtime allowance by the applicants where the determination of distance between their place of posting and their residence is needed, we dispose of this OA in terms of the OA No. 1433/2018. Accordingly, the applicants are permitted to submit their representations individually giving the details of their residence and place of their duty and duty hours served, within 30 days from the date of receipt of a certified copy of this order and thereafter respondents shall consider the same and pass a reasoned and speaking order thereon, keeping in view the rule position and instructions on the subject, within a period of 90 days from the date of receipt of such representations from the aforesaid applicants.

With the aforesaid directions, the OA is disposed of. No order as to costs.