Denial of Over Time payment to the Supervisors when called out in connection on with Accidents Brake Down duties
Registration No: RTU/Nnn/31/2012
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI . 11O 055
Affiliated to :
Indian NationalTrade Union Congress (INTUC)
InternationalTransportWorkers’ Federation (lTF)
The Secretary (E),
Sub: Denial of Over Time payment to the Supervisors when called out in connection on with Accidents Brake Down duties – reg.
Ref: (D DC/JCM item No. 03/2011.
(ii) Railway Board’s letter No.E(P&A)II-20 1 1 /BDA-6 dated 13 / 11/ 2011.
(iii) NFIR’s letter No.03/2011 (DC) dated 04/09/2012
(iv) GS/NFIR’s letter No.I/8/Pt.I dated 28/03/2016 & 08/12/2016.
NFIR conveys its disappointment over indifferent approach of the Railway Board on the issue raised by the Federation, citing relevant rules for allowing payment of Overtime to the Supervisors called out in connection with Accidental Breakdown duties.
It rteeds to be appreciated that the case is procrastinated for over 5 years by denying the legitimate Over Time payment to the Supervisors who are called out in connection with Accidents/Breakdown duties.On Zonal Railways, the Railway Board’s letter No.E(P&A)II-2011/BDA-6 dated on the definition of “Supervisors” and Supervisors come under excluded category, holding a position of responsibility and are employed mainly in a supervisory character and free to adjust their hours of duty and work” is being mis-interpreted to deny the benefit.
It needs to be admitted that the Supervisors who perform duties in normal shiff/roster do’not come under the classification of “supervisor under excluded category”. It also needs to be appreciated that all Supervisors are not employed mainly in the Supervisory character as many such Supervisors perform duties of 8 hours continuously or 12 hours in a day and are not over all in-charges of depots/sheds/units.
Federation cites the case of South East Central Railway as an example, where the Supervisors are denied Over Time payment when they attend AccidenVBreakdown duties. These Supervisors are in fact “not the Supervisors come under excluded category, holding a position ofresponsibility and are employed mainly in supervisory character comparatively free to adjust their hours of duty and work during such hours”.
A similar references had already been dealt on Northern Railway vide letter No.3E/52/40/OTA/LKO/Adj dated 04/09/2013 to allow over time payment to the staff of Supervisory cadre who are not incharge of the section. Northern Railway has already allowed overtime payment to the supervisory staff (not incharge) when they are deputed to accidental relief train or other type of emergency duties beyond duty roster i.e. 8 hours a day/12 hours.
It is further noticed that the reply of Railway Board on 27th November, 2012 to the General Manager, South East Central Railway, Bilaspur has not really addressed the issue relating to payment of Over Time to Supervisors who are working on shift duties and are not holding a position of responsibility and are employed mainly in the Supervisory character. Para 1420 (2) of IREC and clause (iv) of sub-rule (1) entitles overtime payment to supervisors and therefore the action to deny payment is improper. Board’s attention is also invited to their letter No.PC-V/2008/A/O/3 (OTA) dated 17/02/2010 [Para 3 (vi)] wherein it has been stated that payment of OTA may be reviewed to those supervisors who are in pay band-2. This reiteration in the Board’s letter was in consonance with the IREC provision under rule 1420 (2) and clause (iv) of sub-rule (1).
NFIR theref,ore requests the Railway Board to issue clear clarif,rcation to the Zonal Railways in general and South East Central Railway in particular for allowing overtime payment to supervisors i.e. SSE/JEs etc., working in shift duties and not in-charges of DepotsAJnits when they attend Accidents/Breakdown duties.