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Monday, June 13, 2011
Letter to Chief Justice of India
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Hon’ble Chief Justice
Supreme Court of India,
Sub: - Gross injustice to Loco Running Staff of Indian Railways
Taking a lesson from past that Hon’ble Court has intervened into the stoppage of work by different section of workers, the last is the Air Pilot Strike and also the agitation of Railway M / Man of Mumbai the Central committee thought it proper to apprise the situation created by Railway Board by its discriminate actions to the Loco Running Staff in the knowledge of your lordship with this submission for your action as your lordship deem fit.
The Loco Running Staff are made victim of injustice and discrimination in regards to their Pay allowance and other service matter. The behaviour of Railway Management reflects their motive to provoke Loco Running Staff to go for agitation.
The grievances of Loco Running Staff are so justified that they are unable to reject it with a justified reason but not resolving too, and dragging the issues. Since last two years, they are maintaining the all the issues are under active consideration but could not resolved as yet, causing a serious resentment amongst the Loco Running Staff.
Sir, we have taken all the democratic norms provided in Industrial dispute act to settle the issue peacefully including the conciliation through RLC which ended with failure due to negative attitude of Railway management which has also been felt by RLC (C) New Delhi too. In case of conciliation failure that matter should had to be sent for adjudication through Industrial Tribunal within 45 days but that our demand has also been rejected by the Ministry of Labour on the same plea that the grievances are under active consideration of different committee of Railway Management. Here it will not out of place to mention that again no time limit is given to resolve the matter and so the situation has been so created by the Railway Management is that a serious resentment is prevailing amongst the Loco Running Staff which may force us for agitation.
The CWC of the Association met on 29th 30th May 2011, decided to appraise the prevailing situation to Hon’ble PM (In-charge of Railways) Hon’ble Minister for Labour once more for their action to resolve the matter in-favour of the staff peacefully to maintain the healthy Labour relation in the Railways and also appraise the situation, to your lordship and Hon’ble chief justice of different Court also.
The Association further decided that if matter is not resolve by mid of July then the Loco Running Staff over Indian Railway may be compelled go working in fast which may affect the train services which in fact we do neither whish nor prefer but this action will be under compulsion and for which the Railway Management will only be held responsible.
(M. N. Prasad)
1. The minutes of conciliation meeting before RLC (C) New Delhi including the failure report.
2. The copy of letter to the Association by Ministry of Labour rejecting adjudication by National Industrial Tribunal.
3. Copy of the Association’s representation.
Copy to Hon’ble Chief Justice of different High Court.
In very short justification of our demands are given below
We have already submitted memo detailing the justification of our grievances in various occasions to Ministry for Railways. Now I herewith submitting before your lordship in brief which I feel, will be sufficient to make your honour to convince about the justification of our grievances.
1. GP of ALPs – Besides the educational qualification of class X + ITI although many of diploma holders have joined as ALP, hardeous duty, working against Nature, day and night working. Multi skilled working, working staying from social performance, share the equal responsibilities same punishment if any lapses committed, as like as Loco Pilot in train operation and also under go same Training as like as LP, then in-fact now ALP is not an ALP but became as co-Loco Pilot but their GP is Rs. 1900/- all most all equal to class ‘D’ categories, is nothing but a blow to their status and a gross injustice to them. We therefore demand Rs. 2800/- as GP to ALP to protect the status, to recognize their multi skilled duty and also onerous duty as well as to encourage them to perform their duty with full satisfaction in the interest of safe operation of trains.
2. GP of Loco Pilot – The VICPC while recommending the GP of different categories of LP has broken historical and vertical relativity of Loco Running Staff with other categories. Even the categories who has least safety risk benefited with improvement in their GP but the Loco Running Staff are subjected to injustice and further depression in Pay. We had already submitted at very initial stage a chart to show that the pay of Loco Running Staff have increased less than other categories of Railway Man.
VICPC has done another injustice by recommending only one GP for LP (G), LP (Pass), and LP (Mail/Exp) of Rs. 4200/- although it is a promotional grade. The Railway Board itself agreed and also issued circulars that LP (Goods), LP (Pass), and LP (Mail) is a promotional channel through process of selection / suitability test then what is a justification for one GP of Rs. 4200/- for all grade of Loco Pilots VI CPC also recommended different GP for promotional grades. So, our demand is that GP for Loco Pilot (Shunting) should be Rs. 4200/- for LP (G) 4600/-, LP (Pass) Rs. 4800/- and for LP (Mail) Rs. 5400/-. Further due to one GP for all grades LPs at many places the Loco Pilots are denied promotional increment to Loco Pilot (Pass) Loco pilot (Mail) when they get promotion, although it are the promotional grades through selection / suitability test.
3. A Committee on running allowance was constituted which report came in 1980, which is properly known as RAC 80 which recommended a formula to reckon the Running allowances. This constitutes 30% the Pay + 20 days TA. Since three decade the formula is in force to evaluate the rate of kilometer-age allowance and now, it is attempted to dilute this formula. The kilometer allowance consist of 30% of Pay as Pay element and 20 days TA although we remain all most all 25 days out from HQ and en-tiled for TA, but the railway Board simply doubled the rate of TA what was prior to implementating of VICPC and formulated the rate of KM i.e. on Rs. 210/- for LP but not on appropriate rate of TA i.e. Rs. 340/- for LP. Even our Running allowance is not enhanced when all the allowances are enhanced by 25% in view of increased rate of DA rate, over and above 50% i.e. 51% in-addition enhanced rate of running allowance should have the effect with 1.1.06. Since a portion of pay constitutes the running allowance and pay enhancement get its effect wef. 1.1.2006 and so a great injustice is being done to us and so our demand is that the rate kilometer-age allowance be formulated based RAC 80 formula which is in-forced since last three decade and have the effect of Kilometer-age allowance, so arrived on enhanced Pay from 01.01.06 to 31.08.08 and then from 01.09.08 the date the new TA rate i.e. Rs. 340/- got effected. And again it should be reckoned wef. The date from which the enhanced TA rate due to enhancement of DA rate to 51%, got effected.
4. Revision of HOER – While Railway Board agreed at different occasion to review the HOER in the present content but still it is not done. It will not out of place to mention that still the Loco Running Staff are forced to work even more than 14 to 16 hrs and no trip rest or periodical rest is given in appropriate manner which is not only unsafe working but violation of concerned rule the Loco Running Staff becoming victim of different deases due to excessive work so demand for job evaluation of our work and judiciary review of HOER accordingly.
5. Onerous duty allowance – It should be granted to all of the Loco Running Staff because all have same type of work instead of confiding it to Loco Pilot (Pass) and Loco Pilot (Mail).
6. Discriminate action – Further the discriminate actions have been taken against the Loco Running Staff, which further aggravate the situation: -
i) In regards to MACP, a discrimination is done to Loco Running Staff based on misinterpretation of the rule and thus in many cases at many places, the Loco Pilot (Pass) and Loco Pilot (Mail) is deprived with MACP although they are eligible.
ii) In regard to safety related voluntarily Retirement scheme for safety categories. The Loco Running Staff are discriminated in regard to its eligibility.
iii) Selection of Loco inspector modified to general selection, which against the interest of Loco Running Staff.
7. The train services have been increased manifold, where as staff strength drastically reduced result of which unsafe working long hour’s duty . Immediate cadre review at all the depots are require and vacant posts to be filled as accordingly.
(M. N. Prasad)