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sanjay pandhi (Central Working President)     09 April 2012

Is time allowed for food to an employee is fundamental right

 

Train drivers denied time for food, ref, natural call

 

dear sir

Indian railway train drivers are denied time break for food / refreshment / natural call. there is no provision in the rules. The Railways Act 1989 Chapter XIV have no provisions for time allowed for taking food/refreshment/natural 
Call to Loco Running Staff as "Continuous" employees.

I am central working president of Indian Railway Loco Runningmen 
Organisation(IRLRO) that is registered Non-political Trade Union of train drivers.

The Train drivers duty hours rules have no upper limit. All train (Goods and Passenger) drivers have to drive train upto designated station without any time break allowed for Tea/coffee, Meals and natural call etc. Round the clock. No rules / no provisions on this
subject and issue.

IRLRO would request for an advice on how to raise this issue before The NHRC, and can we get the reference of rules governing Time allowed for Breakfast/lunch/Dinner to employees in civil work domain.

In 1973 we had gone for railway drivers strike, and got written agreement of 10 hours duty with Mr. KV Raghunathreddy - Minister of Labour , this agreement was welcomed by the parliament on 14-08-1973. This agreement is still to the see the day of the light.
ILO have told us to represent to Govt of India, Min. of Labour. 

We have won some cases with Chief Labour Commisioner on Hours of Employment and got orders in our favor, but Ministry of Labour have virtually no authority to order Min. of Railway to obey its directives, because two ministries are independent.

There is no independent Safety organisation, over Indian Rail Transport. The Commissioner of Rail Safety is only an investigator and adviser on rail safety. CRS can not order Indian Railways on any issue including safety issues.

There is no Rail Transport regulator where we can approach for redressal.

NHRC says it is a service matter.

Railway Board is like an organisation where it acts as Rule Maker, Rule Breaker , Police and Judge all bundled into one.

We have been trying hard, but due to exorbitant powers, like Business Head Chairman Railway Board is also The Secretary Govt. of India, empowered with powers to issue Gazette notification. CRB literally becomes the part of government, and all our efforts including judicial orders / parliamentary / Labour Min. / Protests / Hunger fasts are going for a toss, and we are feeling help less.


Now only few intelligent lawyers can help us.

1. A copy of the Reply submitted by Min. of Railways is attached here with in pdf format.

We need advice and help both.

We have very limited financial resources because we are already fighting 04 cases at different levels from personnel collections by few leaders. 

Regards

Sanjay Kumar Pandhi
Central Working President
IRLRO

Contact : irlrowp@gmail.com, Mobile - 09717632196
 



Learning

 2 Replies

Shailendra Mishra (Legal Consultant)     13 April 2012

 

Hi Sanjay,

Your query is very genuine and value worthy. The break, refreshment and natural call time is not only the fundamental right but also it is a inherent right/human right that no one can violate in case of emergency too. This right has been conferred by Article 21 of the constitution of India which does not cease absolutely even in case of national emergency. AND I believe there is must some specification or provision (the manner in which these things forward) in the railway rules. Every trains stop 20-30 minutes in the major stations where I guess Drivers can have all this done; if it not somehow possible to have this fix while the train stop at the station; then in this case you might ask from the Ministry to frame a rule regarding such things because it is very imperative and no one go against you.

Thank You!

madhu (locopilot)     03 May 2012

Hi Mishra, Not all trains stop for 20-30 min in major stations. There are hundreds of trains run every day which run continuously for hours together. On major routes, express trains halt for a maximum of 2 minutes and passenger trains halt for a minute or so. In that 1 or 2 minutes time also, there are many things which the train driver must do on the locomotive. So no time to piss also.

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