Inclusion of HRA and Transport Allowance for the purpose of calculating Overtime Allowance
Inclusion of HRA and Transport Allowance for the purpose of calculating Overtime Allowance under the Factories Act, 1948 – BPMS
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)
Dated: 06.02.2021
REMINDER – II
To,
The Secretary,
Govt of India, Min of Labour & Employment,
Shram Shakti Bhawan,
Rafi Marg, New Delhi – 110110
Subject: Review of Instructions on 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
Respected Sir,
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 favour of employees for 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 favour 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.
Thanking you.
Sincerely yours
(MUKESH SINGH)
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