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Query regarding eligibility of Compensatory Rest
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Query regarding eligibility of Compensatory Rest
A query has been received from a constituent on the subject cited above, which reads as under:

Sir, your kind help is required regarding above subject. We are working as JE-I & II under SSE/OHE/TRD Santragachi , S.E.Railway, Kharagpur Division. Our depot have three cyclic rooster shift. Each JE is responsible for his own shifts. Due to shortage of supervisors sometimes on our weekly rest days i.e. Friday we are called to perform our duties, it may due to breakdown of OHE or some official work at office. As we are Over time paid supervisor our ADEE/TRD or Personal departments says that we are not eligible for CR (Compensatory Rest).

Our question is whether we are eligible for CR for performing duty on weekly rest days either for attending break down or normal office work on rest days.

Please guide us through Railway establishment serial number. So, that we can fight for justice and appeal to our higher competent authority.
Thanking you & waiting eagerly for your valued response.

10-06-2010 06:38 PM
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RE: Query regarding eligibility of Compensatory Rest
Reply to the qurey by our Moderator, Er. Hari Kumar, CLW:

Kindly refer to The Indian Railway Act 2005 Chapter XIV Section 132 and 133 which reads as follows:

132. Limitation of hours of work.-

i. A railway servant whose employment is essentially intermittent hall not be employed for more than seventy-five hours in any week.

ii. A railway servant whose employment is continuous shall not be employed for more than fifty-four hours a week on an average in a two weekly period of fourteen days.

iii. A railway servant whose employment is intensive shall not be employed for more than forty-five hours a week on an average in a two weekly period of fourteen days.

iv. Subject to such rules as may be prescribed, temporary exemptions of railway servants from the provisions of sub-section (1) or sub-section (2) or sub-section (3) may be made by the prescribed authority if it is of opinion that such temporary exemptions are necessary to avoid serious interference with the ordinary working of the railway or in cases of accident , actual or threatened, or when urgent work is required to be done to the railway or to rolling stock or in any emergency which could not have been foreseen or prevented, or in other cases or exceptional pressure of work:

Provided that where such exemption results in the increase of hours of employment of a railway servant referred to in any of the sub-sections, he shall be paid overtime at not less than two times his ordinary rate or pay for the excess hours of work.

133. Grant of periodical rest.-

(1) Subject to the provisions of this section, a railway servant

a. whose employment is intensive or continuous shall, for every week commencing on a Sunday, be granted a rest of not less than thirty consecutive hours;

b. whose employment is essentially intermittent shall, for every week commencing on a Sunday, be granted a rest of not less than twenty-four consecutive hours including a full night.

(2) Notwithstanding anything contained in sub-section (1),-

(i) any locomotive or traffic running staff shall be granted, each month, a rest of at least four periods of not less than thirty consecutive hours each or at least five periods of not less than twenty-two consecutive hours each, including a full night;

(ii) the Central Government may, by rules, specify the railway servants to whom periods of rest on scales less than those laid down under sub-section (1) may be granted and the periods thereof.

(3) Subject to such rules as may be made in this behalf, if the prescribed authority is of the opinion that such circumstances as are referred to in sub-section (4) of section 132 are present, it may exempt any railway servant form the provisions of sub-section (1) or clause (i) of sub-section (2):

Provided that a railway servant so exempted shall, in such circumstances as may be prescribed, be granted compensatory periods of rest for the periods he has foregone.

So it is mandatory to grant a days rest as mentioned in clause 133 (1) (a). Overtime working is resorted to only when there is an emergency and that cannot be a part of your roster. Also please remember when the word weekly rest is referred it means for every week commencing on a Sunday, a rest of not less than thirty consecutive hours. It is a mandatory requirement and is to be fulfilled whether you works on OT or not. OT allowance is paid to employees when they work in excess to their rostered hours. That does not mean that, one should not be given weekly rest when he foregoes his rest. In this connection you may please refer to section 133 (3) Indian Railway Act 2005.

10-06-2010 06:42 PM
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