Non-payment of Over Time Allowance to the staffworking on Track Machines on South East Central Railway

Non-payment of Over Time Allowance to the staffworking on Track Machines on South East Central Railway.

NFIR
National Federation of Indian Railwaymen

No. I/8/Part I

Dated: 1010412017

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Non-payment of Over Time Allowance to the staffworking on Track Machines on South East Central Railway-reg.

Ref: (i) CPO, SEC Rly's letter No. P-HQ/RUL/118/2/6234 dated 24/25-02-2015 & P- HQ/RUL/118/2/767 dated 15/05/2015.
(ii) Railway Board's letter No. E(LL)/98/HER/9 dated 09/04/2015.
(iii) NFIR's letter No. i/8 Part I dated 06/06/2016.
(iv) Railway Board's letter No. 98/E (LL)HER/9 dated 24/03/2017.

Federation is disappointed to note the contents of Railway Board's letter dated 24/03/2017 wherein Board has clarified to the GM (PyS.E.C. Railway that the principle of averaging for payment of OT Allowance to the Track Machine Staff to be given effect from 1010712013, the date of issuance of Board's letter.

Federation is constrained to state that the Board has completely ignored the rule position contained in letter dated 06/07/2000,10/07/2013 & 16/06/2016 and issued wrong clarification. Federation also feels sad to convey that mere copy has been endorsed to NFIR, without mentioning NFIR's reference to Railway Board.
So far as clarification issued by Board is concerned, the Federation does not agree with the same in the light of the following facts/merits.

i) The Railway Board vide letter No. E(LL)98-HER/9 dated 0610712000 had introduced duty roster in respect of Staff working on Track Machines and laid down rostered hours of work for three weeks at a stretch followed by rest for a continuous period of one week at the Headquarters in consultation with the Ministry of labour. These instructions further stipulated that the individuals shall not be employed for more than 12 hours on any day and in respect of Overtime payment, the staff will be governed by the extant instructions under HOER i.e. principle of averaging.

ii) Subsequently Railway Board vide letters dated 09/09/2009 & 30/10/2012 had conveyed continuance of three weeks' roster at a stretch followed by continuous rest of one week at the Headquarters (valid upto September, 2015).

iii) On raising the issue relating to non-payment of Overtime to the Track Machine staff working on Zones by the NFIR at Board's level, Railway Board vide letter dated 10/07/2013 had again issued instructions that the Track Machine Staff when deployed for 3 weeks continuously followed by one week rest, the payment of overtime be regulated by the principle of averaging on four weekly basis whenever working hours exceed 192 hours and keeping in view the provisions of Board's letter dated 11/06/1974.

iv) Railway Board vide letter dated 1610612016 has again reiterated for  implementation of instructions envisaged in Board's letter dated 6/7/2000.

v) It needs to be appreciated that Board's instructions dated 06/07/2000 have neither been modified nor superseded. Therefore, payment of Overtime to the staff working on Track Machines is required to be regulated in terms of Board's instructions dated 06/07/2000 from that date and not from the date of issue of Board's letter dated 10/07/2013.

The facts mentioned above clearly establish the entitlement of overtime payment with effect from 06/07/2000 and not prospectively. Accordingly, the Track Machine Staff of South East Central Railway who have been denied Overtime payment from August 2010 by the Zonal Railway due to mis- interpretation of Rules are rightly entitled from August,2010.

NFIR therefore, requests the Railway Board to review its clarification dated 24/03/2017 and, issue fresh clarification to the Zonal Railways in general and South East Central Railway in particular for implementing instructions dated 06/07/2000 and allowing overtime payment retrospectively. A copy of the instructions issued may be endorsed to the Federation.

Source: NFIR