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Inclusion of HRA and Transport Allowance for the purpose of calculating Overtime Allowance under the Factories Act, 1948 – BPMS

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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.

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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
sd/-
(MUKESH SINGH)
General Secretary/BPMS &
Member, JCM-II Level Council (MOD)

Source : BPMS

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