Report by Kamgar Ekta Committee (KEC) correspondent
On 11th July 2024 the Railway Board issued an order constituting a multi-disciplinary committee to look into the grievances of the loco running staff. The terms of reference of this Committee included looking into the duty hours, periodical rest and deployment of manpower and their utilisation, analysis of cases of breach of the Railways Board’s orders on the subject. It also included the legislation of break for meal and attending nature’s call. The Committee was to submit its recommendation by 25th July 2024.
However, on 26th July 2024 the Railway Board issued another order constituting another committee for deliberations/recommendations on the hours of work and rest of running staff. The terms of reference of this Committee are to deliberate on implementation and compliance of accepted recommendations of the High Power Committee (HPC) with special focus on outstation rest, headquarter rest, periodical rest, working hours and compliance of Hours of Employment Rules (HOER) regulations. This Committee is to submit its report in one month.
It is very clear that the Railway Board has constituted these two committees as a result of the continuous agitation by loco pilots all over India led by the Unions, and especially due to the nearly one-month agitation conducted by the loco pilots of the Southern Railway led by the All India Loco Running Staff Association (AILRSA).
Many of the issues to be deliberated on by the new committees formed by the Railway Board have already been decided long ago and approved by the Parliament, the Regional Labour Commissioners (RLC), the Central Administrative Tribunal (CAT), (both reporting to the Labour Ministry, Government of India) and High Courts.
However, in spite of all this the Railway Board and the Railway Ministry have consistently refused to implement them and give relief to the loco pilots, forcing them to agitate repeatedly.
As regards the duty hours of loco pilots, more than 50 years ago, the then Labour Minister of the Government of India had announced in the Parliament on 14th August 1973 that duty hours of loco pilots would be restricted to 10 hours from Sign On to Sign Off. However, even after 50 years loco pilots still have to work for 14 and sometimes even 20 hours at a stretch.
Similarly, as regards the periodical rest which the loco pilots are entitled to, the Central Administrative Tribunal and the High Court of Karnataka had given their verdict more than 10 years ago that the Periodical Rest (PR) and the Headquarter (HQ) rest should be counted separately and not concurrently as is being done by the Railways currently. This means that the loco pilots are entitled to, as per the CAT and High Court’s verdict, 30 hours (PR) rest + 16 hours (HQ) rest = 46 hours rest. However, the Railway Board gives them only 30 hours rest and includes the HQ rest of 16 hours within these 30 hours. This is a gross violation of the rights of the loco pilots for adequate rest and of the order of the Labour Ministry of the Government of India and of the highest courts of the land.
As per the Government of India’s own ” Allocation of Business Rules 1961”, all matters pertaining to the hours of work and rest of the employees of the Government of India which includes railway workers are to be decided by the Labour Ministry of the Government of India. However, the Railway Board and the Railway Ministry have consistently refused to implement the orders of the Labour Ministry and the courts of the land and restrict the duty hours of the loco pilots to 10 hours and give them sufficient rest of 46 hours four times a month.
Forming another committee is only to delay the redressal of demands of loco pilots and other safety categories. What us the use of the committees’ recommendations if the Railway Board can get away without implementing them? How is it that the labour minister is able to give a commitment that is not implemented? Who decides that the orders of the courts should not be implemented, and how are they able to get away unpunished? Are these not serious crimes of omission?
What is required is the strict implementation of the Labour Minister’s commitment on working hours and the Court’s order on rest for loco pilots and also immediately fill up the vacancies. The current number of goods and passenger trains cannot be operated without stretching working hours and curtailing rest hours if there are not adequate number of loco pilots available to operate the trains.