Railway Personnel Manual

Petitioner was confirmed as semi-skilled fitter earlier than respondent who was promoted as skilled fitter and declared senior to petitioner

Contention of petitioner that relevant rule clearly provided that seniority should be reckoned from date of confirmation in a grade or class; that this point had been specifically raised by him in his petition before lower forums but it was not considered or discussed by them in their impugned order declaring respondent senior to petitioner and thereby upholding promotion of respondent

Counsel for parties praying that matter should be remanded with a direction to reconsider effect of confirmation on basis of seniority of the parties-

Railway employee, applying for leave of sickness, would be required to produce proper sickness certificate from competent Railway Doctor

Such employee residing beyond jurisdiction of Railway Doctor, held, would be required to submit certificate from medical attendant, which appropriate authority could accept or in exercise of discretion, send same to competent Railway Doctor

Failure to produce such certificate even from private practitioner would not justify condonation of long absence from duty.

Intermittent work-Railway employees- Railway authorities competent to declare an employee as intermittent worker-Such status can further be changed by competent Railway authorities from time to time in view of actual performance assigned to an employee-Such status, however, cannot be assumed without specific declaration by competent Railway Authorities merely on basis of entries of duty roster-Gatemen required to perform duty for 12 hours daily-Not specifically declared as intermittent worker-Held, rightly allowed overtime wages by Authority under Payment of Wages Act, 1936-Railway Personnel Manual, para. 7l(a) and Railway Servants (Hours of Employment) Rules, 1931, r. 2 read with Payment of Wages Act (IV of 1936), S. 15.