BHARTIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.
REF: BPMS / MoL&E / Overtime / 43 A(7/2/L)
REMINDER – II
Govt of India, Min of Labour & Employment,
Shram Shakti Bhawan,
Rafi Marg, New Delhi – 110110
Subject: Review of Instructions on the inclusion of HRA and Transport Allowance for the purpose of calculating Overtime Allowance under the Factories Act, 1948.
Reference: This federation’s letter of even No. Dated 12.07.2018, 22.11.2020
With due regards, your attention is invited to the letter cited under reference on the subject matter whereby MoL&E, Govt of India has been requested to issue necessary clarification/instructions so that disparity amongst the civilian employees of Min of Defence & Min of Railways may be removed.
It is worth to mention here that Hon’ble CAT Hyderabad Bench ordered on 04.04.2014 in OA No. 1372/2012 and Hon’ble CAT Principal Bench ordered on 25.04.2018 in OA No. 650/2016 in favour of employees.
Recently, Hon’ble CAT, Kolkata Bench ordered on 11.11.2020 in OA No. 350/705/2020 in favor of employees for the inclusion of allowances like HRA, Transport Allowance & Small Family Allowance, and Ordnance Factory Dum Dum, Kolkata under OFB/MoD has issued the compliance order in favor of petitioners.
However, it is regretfully reminded that the matter is still pending in Min of Labour & Employment, Govt of India which is causing discontentment amongst the non-petitioner civilian employees of MoD.
Therefore, you are requested to expedite the matter.
General Secretary/ BPMS &
Member, JCM-II Level Council (MOD)
Copy to: The JS (E), MoD, New Delhi
– You are also requested to expedite the matter w.r.t. MoD ID No.21(7)/2018-D(JCM), Dated 27.07.2018