Train drivers denied time for food, ref, natural call
sanjay pandhi
(Querist) 08 April 2012
This query is : Resolved
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 diffrent levels from personnel collections by few leaders.
Regards
Sanjay Kumar Pandhi
Central Working President
IRLRO
Contact : irlrowp@gmail.com, Mobile - 09717632196
Anirudh
(Expert) 08 April 2012
Dear Mr. Pandhi,
I am quite aware of the plight of the loco running staff prior to the Strike spearheaded by Mr. George Fernandes in 1974.
Thereafter there is lot of improvement.
I am afraid what you say that "railway train drivers are denied time break for food / refreshment / natural call" may be an exaggeration.
If you say that there is no separate toilet facility in the engine itself, yes you may be right. But nothing prevents a driver to visit the toilet in the Station when it stops. The co-driver will be at the control.
As far as food is concerned, naturally he has to take while the train is on the run - as all other passengers do - and again the other assistant driver will be at the control.
And we are also aware that there is a stop of 5 to 10 minutes at important junctions - where he can definitely break for these facilities.
So overall, your story does not even appeal to me, leave alone the Railway Establishment.
Guest
(Expert) 08 April 2012
Mr. Pandhi,
Can you please clarify on the following points before some comments can be made:
1) What are the fixed duty hours in a day of the train driver;
2) Break in terms of No. of days after a day's duty and between the next duty day, i.e., total off days in a week or month;
3) Total duty hours in a week;
4) Nature of duty of driver while train stops on intermediary stations enroute to destination; and
ajay sethi
(Expert) 08 April 2012
mr anirudh has answered your query well
Sudhir Kumar, Advocate
(Expert) 08 April 2012
Railway is an organiation even prior to 1857 revolt. If the state has been as it was then there is reason behind the same. There are paralels also. Even at times it is argued that Policemen also face same plight (which include women also who at times are posted for long hours in markets with no public toilet facilities). Men and even women posted in election duty at remote villages also face similar problems.
The human rights of Military and paramilitary personnel suffer at intervals when they are posted in insurgent infested areas.
Many profession have unusual conditions. The Airhostesses (including Govt company) have to leave their children at the mercy of maids for 3/4 continuous days while proceeding on international flights but such suffering is mitigated by heavy wages. Similarly rail drivers (which very few people know ) are best paid non-gazetted staff of Govt. Some of them are paid even more than Gp-A officers and OTA due to delay of train. So mitigation is by way of higher wages.
While standard of responsibility expected of rail driver is very high the solution could have come to this problem had the matter been properly brought out. In the pas there had been some rail Ministers who were known for pro-active approach.
By the way what your Association was doing when the 4th 5th and 6th Pay commission called for the representations at the time of deliberations and such unusual service conditions could also have been brought out.
Your Association perhaps did not even raise the issue that rail drivers till now have to daily carry atta, dal, salt, oil, rice etc in their bag for overnight halt and they only have the facility of cook.
