Employees classified as essential intermittent workers are entitled to overtime allowances for service beyond standard working hours as per applicable notifications.

ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

In the present Original Application filed under Section 19 of the Administrative Tribunals Act , 1985, the applicant seeks the following reliefs:-

“(i)That the Hon’ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 27.10.2018 (Annex.A/1) declaring to the effect that the action of the respondents preparing 12 hours per day/75 hours weekly roaster for the applicant who is working as Gateman is illegal, arbitrary, against the rules and consequently pass an order directing the respondents to prepare 8 hours per day/48 hours weekly roaster for the Gatemen.

(ii) That the Hon’ble Tribunal may graciously be pleased to pass an order directing the respondents to grant of over time allowances to the applicant for 4 hours over time daily from the date of posting of the applicant as Gateman with all the consequential benefits including the arrear of over time allowances with interest.

(iii) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation.”

2. Learned counsel for the applicants takes us through the brief history and background of the case and informs that the applicants are working on the post of Gateman in Delhi Division and presently posted between Delhi-Rohtak Section under SSE Bhadurgarh. They are performing 12 hours duty without any short break daily and without any over time allowances by treating them as Essentially intermittent category.

3. Learned counsel for the applicants relies upon the following case laws:-

(i) OA No.643/2015 titled Hari Ram & ors. vs. UOI & ors. dated 29.08.2017 of this Tribunal and the same has been upheld vide Order dated 09.02.2024 by the Hon’ble High Court of Delhi;

(ii) OA No.1208/2018 titled Balbir Singh & ors. vs. UOI & ors. dated 07.03.2023 of this Tribunal.

4. Per contra, learned counsel for the respondents opposing the Original Application contends that the applicants have not exhausted alternative remedies as contemplated under Rule ibid, thus the present original application is not maintainable. He submits that the applicants ought to have approached the Regional Labour Commissioner concerned, who is an Appropriate Authority in terms of Rule 2(f), 3 and 4 of Rules ibid. If the applicants are not satisfied with the decision rendered by Competent Authority, only then they should have approached the Tribunal. He further submits that till date no representation has been submitted by the applicants, which is also contrary to the provision of the Section 21 of the CAT Rules, 1985.

5. Learned counsel for the respondents further draws our attention to the additional affidavit filed on behalf of the respondents, wherein the following contentions have been made:-

“1. That the present additional affidavit is being filed in continuation of earlier affidavit which had already been filed in the Hon'ble Tribunal. It is stated that the applicants are working as gateman in Delhi Division posted between Delhi Rohtak Section under SSE/P.Way/BGZ under ADENlROK on different road side gates. That it is submitted that as per rules standard 2005 hours of duty of essential intermittent employee is 48 hours + 24 additional hours per week and the applicants are also classification of essential intermittent Therefore, they had to perform the duty of 12 hours in accordance with the SWR and duty roaster. It is further submitted that the Work on these gates are neither heavy nor Continuous as stated by the applicants and the gateman are not classified as continuous workers.

2. That the Essentially intermittent employee is to be regard as essential intermittent, if his daily duty hours which should b