Is time allowed for food/natural call is right of an employee
sanjay pandhi
(Querist) 10 April 2012
This query is : Resolved
Indian train drivers are denied time for food/ref/natural call.
is it a human right / fundamental right or is it guaranteed under any clause / legislation to allow time for meals / and time for natural call.
Indian Railway Loco Runningmen Organisation requests some experts to help us as we need advice and help. Train drivers in India are one living with most regressive and inhuman Hours of employment rules.
The copy of reply recd from Railway Board on time allowed for food etc is annexed here with
we have very limited financial resources, can we seek some legal advice and help.
Regards
SK Pandhi
Working president
Mobile -09717632196
e-mail - irlrowp@gmail.com
V R SHROFF
(Expert) 10 April 2012
YOU RAILWAYS EMPLOYEES HAS A VERY WELL ORGANISED EMPLOYEES UNION.
Head Office at Dadar (East) near Dadar Railway Station, Mumbai
Union is very strong, and capable of solviung any of such problem. Did you wrote them ?? Inform and discuss it.
Train Drivers are Workmen. Any grievance can be resolved fast.
While Driving, they have to be attentive every seconds, and there are thousands of Drivers, So alternate arrangement must be thee to replace one during Long Journey, replacing one another, and have halts at stations!!!
Deepak Nair
(Expert) 10 April 2012
You are correctly advised by Shroff sir.
You need to contact the union head office and approach the authrities through the union.
ajay sethi
(Expert) 10 April 2012
repeated query . already answered by anirudh earlier
sanjay pandhi
(Querist) 10 April 2012
Dear Sir,
Thanks for the comments.
There are two Recognaised federations- but they are hand in glove with The Railway Administration.
It is proved by following o2 facts;-
a. Over 03 lakh railway Employees are on compulsory 12 hours duty rules even in 2012, when India is a signatory of ILO convention on 08 hours duty.
Both federations are not interested in resolving Hours of employment issues of rail employees since more than 70 years.
2. Since 1948 and 1969 there is no review of Duty hours of rail employees.
3. Railway Board used its powers to issue gazette notification in 2005 and acquired powers to regulate and frame rules of duty hours of its employees in its own hands.
Where as Min. of Law is the lawful authority on duty hours of all labour in India - Govt and Private sector domain.
4. in 2006 it was notified under JCM-by Min. of Personnel, public Grievances and Pensions that there shall be review of Duty hours by a Judge of High Court, But Railway board formed High Power Committee on HOER with three retired officers.
WE have come to this forum for advice and help, and we can communicate only if you all dignified and able lawyers think for advice to resolving this issue.
We need specific information on this subjcet;-
whether we can claim right to time allowed for food/ref/natural call under any provisions of law of the land.
Please advise in terms of any action we should initiate before the judicial system of this country, because we are fighting against the most organised Govt Department against exploitation.
We need to be perfect and fully prepared legally to attain our objectives.
Could some lawyer from this forum take up this issue and seriously advise us.
Regards
We have some more real views to share with all of you-- here are those stated below- Please have look.
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. It bis not even a rubber stamp.
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 Gazeettee 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.
Thanks and regards
Sanjay Kumar Pandhi
Central Working President
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 Written agreement signed by The Minister of Labour - Sh. KV Raghunathreddy is attached here with.
Thanks and regards
