Train drivers denied time for meals/natural call- pls. help

What is the official reply of Indian Railways?

India is signatory to 4 out of 8 fundamental International Labour Conventions. It appears that at least some of these may apply in your case like Hours of Work (Industry) Convention, 1919 (No. 1), Weekly Rest (Industry) Convention, 1921 (No. 14) etc. You can see them at https://webfusion.ilo.org/public/db/standards/normes/appl/appl-byCtry.cfm?lang=EN&CTYCHOICE=0330&hdroff=1

For knowing the text of these conventions(4 out of 8 which India has signed) you can contact International Labour Organisation. I am not sure why India has refrained from signing all the 8 conventions (It can seen here that most of the countries have ratified all the 8 conventions https://webfusion.ilo.org/public/db/standards/normes/appl/appl-ratif8conv.cfm?lang=EN), Your organization can investigate why India has not ratified all the 8 conventions. After you know the real reasons, can try to create pressure and protest on government to ratify all the 8 conventions. For this you may also have to join hands with other like minded organizations.

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.

This appears to be a serious matter, since if train drivers do not get sufficient rest, break or sleep required by human being, it can endanger the life and health of not only of train drivers but also the passengers. It appears to be against the Article 21 of the Constitution of India. You may file a writ or PIL in High Court or Supreme Court. But before doing so, do a careful study of the legal points in question.

Also I would request you to raise query in Experts section of this website to get more views.

Dear Sir,

Thanks for the comments.

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 exhorbitant powers, like Business Head Chairman Railway Board is also The Seceretary Govt of India,  empowered with powers to issue Gazeettee notification. CRB literally gbecomes 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.

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

Thanks and regards