Tribunals and CommissionsDivision Bench(2021) 09 CAT CK 0630

Sumanta Kumardas & Ors. vs The General Manager, Southern Railway & Ors.

Central Administrative Tribunal, Ernakulam · Decided on 20 September 2021

HON’BLE JUDGES
P. Madhavan, Judicial Member · K.V. Eapen, Administrative Member
CASE NUMBER
O.A No.180/00472/2021

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Judgment

11 paragraphs · 398 words

O R D E R (ORAL) P.Madhavan, Judicial Member This Original Application has been filed by the applicants seeking the following reliefs:

"(a)

Declare that the applicants are entitled to overtime allowance from 14.12.2019 as in the case of applicants in Original Application No.180/919/2017 leading to Annexure A1 judgment.

(b)

Issue a direction to the respondents to grant as overtime allowance to the applicants for the hours they have worked beyond 8 hours every day at the railway gates with effect from 14/1/2016 and also interest at the rate of 18% per annum over the said amount from the respective dates of due to the respective dates of payment within a timelimit to be fixed by this Hon'ble Tribunal.

(c)

Issue a direction to the 1st respondent to take appropriate action upon the Annexure A2 petition submitted by the applicants within a timelimit to be fixed by this Hon'ble Tribunal after affording an opportunity of being heard to them.

(d)

Issue any other direction or order as this Hon'ble Tribunal finds fit in the facts and circumstances of the case.

(e)

Cost of proceedings."

2.

The brief facts of the case are as under: The applicants have filed the above original application for grant of overtime allowance for the hours worked beyond 8 hours every day at the railway gates. The alleged reason for non-grant of overtime allowance seems to be the non-conduct of job analysis in the railway gates wherein the applicants are working. Applicants submit that non-conduct of job analysis is per se illegal. Hence, the applicant has approached this Tribunal praying for the above reliefs.

3.

When the matter came up for consideration, it appears that the applicants will be satisfied if Annexure A-2 representation is considered in the light of relevant rules, regulations and guidelines and pass a speaking order within a stipulated time.

4.

Adv.Mr.Sunil Jacob Jose takes notice on behalf of the respondents and submits that he has no objection in disposal of the representation.

5.

In view of the above submission, the competent authority among the respondents are directed to consider Annexure A-2 representation in the light of relevant rules, regulations and guidelines and pass a speaking order within a period of six months from the date of receipt of a copy of this order.

6.

The Original Application is disposed of as above at the admission stage itself. No costs.