Monday, November 30, 2009










ALL INDIA LOCO RUNNING STAFF ASSOCIATION
(Organisation of Redesignated Loco Pilots and
Asstt Loco Pilots of Indian Railways of All the Tractions)
Regd. No. 17903 H/Q Yellow Building, P.O. Anara R.S. Distt. Purulia (W.B.) Pin 723126
Central Office : AILRSA BHAWAN, H.No. 333, Bhoor Bharat Nagar, Ghaziabad – 201001.
Tel. No. : 0120-2740025
M.N. Prasad
L. Mony Secretary General`
Central President At Aravindapally,
‘Devi Nilayam’, Kadavil Road, PO.Adra-723121
P.O. Vyttila-682019, Kochi, Kerala W.Bengal
Phone : 09446207312 Mob: 09434008950

Dated : 27.11.2009


The CWC meeting was held in extended form in
Ambedkar Hall, New Delhi on 26th Nov. 2009 from 11 hrs
which concluded at 16 hrs.


DECISIONS

Extended CWC meeting was presided over by a presidium, consisting of Com. L.Mony and Com. N.Sarkar. All together 26 delegates spoken.
The rally program and sit in fast program on 25th/ 26th Nov. 09 was deferred in view of advice had been given by RLC (Central) New Delhi’s in conciliation meeting was held in RLC’s office but a meeting was conducted at Jantar Mantar starting from 11.30 hrs to 16.30 hrs, which was addressed by Com Basudev Acharya MP, Com. Tapan Sen MP (RS), Com. Kanai Banerjee Secy/CITU along with delegates of Loco Running Staff who have come from various parts of Indian Railways. The meeting was very much impressive.
The CWC meeting in extended form was then conducted on 26th Nov. adopted the following resolution.
1. While the CWC appreciates the intervention of RLC (Central) New Delhi by calling the reconciliatory meeting as an effort of solving our problems peacefully, resolved to call upon all the organizational units to strengthen the organization at all levels so that in case reconciliation fails the Association may go for a action which may include the action of strike.

2. The CWC resolved and advised to all the units of AILRSA to continue its campaign program in the different possible forum to keep organization ready for any Trade Union action when it is felt necessary.
3. Membership drive should seriously be given and completed by Jan. 2010.
4. The following Central tour program is finalized.
a) Railway Date Team of leaders

E.C. Railway Samastipur Com. N.B.Dutta
19th Dec. 09 Com. Jit Singh Tank
GMO or DHN Com. D.N.Pal
20th Dec. 2009

NE Railway 17th Dec. 2009 Com. N.B.Dutta
in Izatnagar Div. Com. Jit Singh Tank
If not possible then either Com. D.N.Pal
LKO or GKR
18th Dec. at CPR.

Reservation for team of leader will be done by the respective zone, for return to their HQ i.e. for Com. Jit Singh Tank to Muradabad, for Com. D.N.Pal to Bandel, E.C. Railway will do.

b) S. Railway 15th Dec. 09 at Erode Com. M.N.Prasad
S.W.Railway 16th at Hubli Com. L.Mony
S.C. Railway 17th at Secundrabad Com. K.C.James

Reservation will be done by S.Railway/ S.C. Railway/ S.W.Railway

c) E.Railway 20th/ 21st Dec. 09 Com. M.N.Prasad

E.Railway will do reservation for Com. M.N.Prasad to NJP as follows

d) N.F. Railway 22/ 23rd Dec. Com. L.Mony
Com. M.N.Prasad

E.Railway will do reservation Ex. HWH to NJP for this team having consultation with Com. K.C. James

N.F. Railway will do reservation for me to ADA and for other to Eranakulam.

: 3 :

e) W.Railway 27th to 29th Dec. 09 Com. M.N.Prasad
N.W. Railway Com. M.P.Deb
W.C. Railway Com. Gautam

NGP div/ C Rly will do reservation
Ex. NGP to the destination. I shall intimate the destination later and to back. Com. Luna Ram will make arrangement shared by the concerned Railways.

7. SEC 1st Jan. 2010 Com. M.N. Prasad
Com N.B.Dutta
SER 2nd Jan. 2010 Com S.K.Gautam
Com M.P. Deb

Com. S.K.Gautam and Com. M.P.Deb will go back NGP from SER and myself will go ADA, Com.N.B.Dutta to HWH.

SE Railway will do reservation accordingly.





(M.N. PRASAD)
Secy. General


RESOLUTIONS ON DEMAND

PROTECTION OF PENSION BENEFITS OF MEDICALLY
UNFIT LOCO RUNNING STAFF

The rules at present does not permit 55% pay element for retirement benefits after medical de-categorization irrespective of length service in running cadre, whereas those who come to running cadre at the fag end of service and superannuate or voluntarily retire enjoy the benefit fully. This is a clear case of injustice to those who shed their blood and sweat in running cadre for 30 or 40 years facing the risk of uncertainity in service by overcoming millions of signals successfully along with forgoing of social life for a longer period. 55% pensionary benefits are enforced by law to compensate the non-comparable work load, undertaken in running service. Because of the increasing workload cases of medical unfit is alarmingly increasing particularly those joined to running cadre at an early age of 20 to 25 years.
Accordingly to the present rule if a loco running staff becomes medically unfit after putting a service of 25 years, at the age of 50 to protect his 55% pension benefit he has to opt for a voluntary retirement forgoing his salary for remaining 10 years in the apex grade. If he opts for a supernumerary alternate post, his basic pay will be fixed with 30% additional fixation and retire without any pay element like other non-running railway staff. In government service every employee reaches a higher pay scale at the fag end of service and all employees who do not have a precondition of medical fitness can draw that higher wages and retire. But only running staff who is toiling in his whole service day and night without any public holidays and proper guaranteed weekly rest is discriminated by this rule.
When any railway staff join as an Assistant Loco Pilot or goods guard at the age of 55 or 58 they are entitled for 55% retirement benefit after enjoying a peaceful stationery job from youthful days till the old age without encountering any risk. Even the Loco inspectors who are given 30% pay fixation when moving from running cadre are again given 30% retirement benefits on retirement without facing the risks of loco running staff.
So, this association demands to amend the 55% retirement benefits rules to medically unfit loco running staff opting supernumerary posts with 25% retirement benefits at the time of retirement to do justice to them on par with other employees in railway.
Capital Punishment on Signal Passing at ON
The Railway Ministers safety review meeting held on 31.8.2009 has recommended capital punishment unilaterally without considering the circumstances or merits of the case. Actually signal passing at danger is an occupational hazard concerned to a loco pilot. As there are occupational hazards connected with every kind of jobs in this world which do not attract capital punishment, earmarking capital punishment to loco running staff alone for signal passing is a grave injustice as it is not done willfully. (According to dictionary occupational hazard is something dangerous or unpleasant one risks to do a particular job).
When Railway is expecting 100% perfection from a loco pilot, railway is willfully denying sufficient rest, leave, limitation in duty hours and night duties and a better pay package. Railways are repeatedly stating human failure as cause of accidents but refusing to investigate why humans are failing. Inspite of so many accidents railways are un-willing to accept that the in-human rules of working conditions are causing human failure. The latest studies states that micro sleep due to fatigue described as a brief, unintentional episode of loss of attention with a blank stare, head napping and prolonged eye closure that lasts from 2 to 30 seconds also known as nodding off with short term memory deficits occur at any time without any warning totally unaware to loco pilots.
Added to this visibility of signals, hidden behind OHE masts, three branches, or surrounded by numerous colour lights of hoardings or street light impairing visibility should be cleared.
From the response of railways to every accidents it appears that without declaring railway admits that it is more economical to allow accidents rarely, than to take steps to prevent it which is costlier by limiting duty hours, reducing night duties and keeping vacancies filled up always. The accidents occurring rarely can be put upon the working crew terming human failure and paying compensation to accident victims is much cheaper than cost of preventing accidents.
So, this association demands to consider the signal passing cases without consequences as an indication of system failure.

Selection of Loco Inspectors
At present, Loco Inspectors are selected from Loco Pilot goods onwards to Loco Pilot passenger and Loco Pilot mail. As the LI has to monitor from ALP to LP(M), the LI needs to have a foot plate experience in mail trains. Presently many loco pilots engaged in ex-cadre posts like instructors, CRC/PRC obtaining performa promotions till LP(M) without foot plate experience should not be considered for promotion. In absence of volunteers from LP(M), LP(P) can also be considered for LI promotion considering the minimum experience in passenger carrying trains. An LDCE selection is to select an officer to a discipline comprising of different cadres like running, C&W and Loco sheds in case of an ADME. But a loco inspector is inspectorial cadre of loco running staff alone and so their foot plate experience has prominence above all other aspects.
NH Allowance
At present NMH allowance is paid with a ceiling of Rs.26,000/- to loco pilots. So it is demanded to pay NH allowance equal to a one day wage without any ceiling or allow to avail NH.
Income Tax Ceiling on KM Allowance
Income Tax ceiling on running allowance has not been declared by Finance Ministry and the old ceiling of Rs.6000/- on old rate of mileage allowance is available now. Since the present mileage rates does not cover the pay element and current TA rates there should not be any ceiling on the mileage allowance earned and to be fully exempted from calculation of income tax.
First Class EDP to ALP
On a regular basis for balancing of crew ALP and LP are moving from headquarters to outstations and vice-versa. At present second class emergency duty pass (EDP) are given to ALP’s and first class EDP given to LP’s according to their eligibility. Since these EDP’s are given at last moment and due to overcrowding of sleeper class coaches, ALP’s are not able to find accommodation to travel on duty for the purpose of railway work. Considering these factors the ALP’s should be given first class EDP so that there is some scope of getting some accommodation in higher class along with the LP as they are traveling to perform railway duty in short notice.



(M.N.Prasad)
Secy. General

Friday, November 13, 2009

SAFETY SEMINAR-
Paper prepared by V Mohan Kumar, LP Mail / Bangalore.

SAFETY- When it is pertains to any transportation industry means ‘THE PUBLIC SAFETY’ in totto. So Indian Railways too runs a mockery Department in name of safety, which normally comes under the traffic officers whose intention will be to run trains only.

Safety in any transportation industry comes into picture only when the wheels are moving. If the wheels are standstill there is no question of safety. So the wheels movement and the movers of the wheels (Drivers, Loco pilots, Air line Pilots etc) are coming at the pinnacle of safety. In Indian Railways they are the Loco Running Staff (Loco Pilots, Asst. Loco Pilots & Shunting Loco Pilots).

There are primary concerns of safety and secondary concerns of safety, which the Railway officials perhaps ignore or not understand. For example Effective brake power is required for stopping a train. But the brake power rules of Indian Railways say about the percentage brake power only. It does not say about the effective brake power. But when it comes to the reality the effective brake power (Which depends on the brake ri9gging, no. of brake blocks according to the wagon design, type of brake block, air brake or vacuum brake etc) is the primary concern of safety and the percentage brake power (which depends on the working of brake cylinders, brake pull rods etc) is only a secondary concern for safety. The primary safety concerns are neglected by the Railway top brass because of the obstinacy and corruption of some of them (There is a saying like an adage ‘Railway officers always like an ACCIDENT happen’ due to the huge un accounted/un audited money they can spend for the relief works etc with out any quotations/tenders or other legal formalities). Another reason fro their concentration on secondary safety concern is the huge commission or percentages of work cost. The new constructions and demolition works fetch them very good returns as percentage or commission (Another name for corruption). These are sayings that this commission is a flat 30% or more of the work cost). That is why Indian Railways is the only department internationally, whose thousands of construction/demolition works going on through out the 365 days a year. Here another example we will point out. Indian Railways collected around 18000 crores of rupees as safety surcharge from the public by increasing the ticket fare. The entire amount they spent for construction, demolition and modification works, where the percentage exists. But the fact if tired loco pilot sleeps on duty due to the 6th continuous night duty which is the product of the out dated HOER framed in British era, an accident is inevitable they neglected constructions/modification work will not prevent the accident at that time. This is the greatest fact which our Railway Administration ignores due to the un accountability at their part. The primary concerns of safety- the loco running staff are ignored totally in Indian Railways. The history starts from the out dated HOER framed in the British period.

The first thing is the duty hours. The safetiest category people , the loco running staff- who carries the lives of thousands of passengers with them have to work 12 or 13 or unlimited hours as per this HOER and Railway Board guidelines. Any common man can see the big unsafety in this. If a driver drives a vehicle continuously for 13 hrs or more will there be any safety. Then what will be the condition of the loco pilot who drives a train for 13hrs with out any food breaks like lunch break or supper break, suppressing the natural calls, with a continuous vigil and sustained attention. That too 365days in a year. (There are no calendar day rests or national holidays for the Loco Pilot). The Railway Administration hood winks the public by saying that “the 12hrs or more duty we force on the goods train Loco Pilots only, where passengers are not involved”. What a big lie!! They are going to implement (already implemented in some divisions) this 12 hrs of working in passenger trains also. Secondly if a goods train loco pilot is getting tired and passes a danger signal and rams into an express train?? The accident will kill hundreds of people. So the 12 and more hours of working whether it is for goods train or passenger train, gives the same effect-An Accident-which may kill hundreds with huge loss of nation’s revenue. The Railway officers are very dare to do anything detrimental to the public safety due to their unaccountability.( if any accident happens the Railway officers-who are the real causers of the accident-will wash their hands putting the responsibility on some poor class III employee). An example of their unaccountability happened in Hubli division of South Western Railway. 2 goods train Loco Pilots-who expressed their inability to work further due to fatigue created due to a 12 hours working including a night duty were REMOVED FROM SERVICE. Had they worked further it could have been a major accident. At that time also those Loco Pilots only would have been fixed telling that’ not asked relief after 12 hrs of working’. This is the best example of Railway Officers un accountability. Even if thousands of people killed also , the Railway officers SCOT-FREE with lakhs of crores of rupees unholy income from the accident relief works, In all the accident cases the public used to keep quite, since they are totally in dark about Railway working which adds the fuel to the Railway officers corruption. (Some public even goes to the extend of saying “Loco Pilots are getting good salary. Then why can’t they work.). This ignorance is there with the PEOPLES REPRESENTATIVES too why because they don’t understand the true nature of the Loco Pilots working, the risk they carry, the responsibility they shoulder. Against such a arduous /unsafe crew link, when the Loco Running staff stopped working in Trivandrum division/Palaghat Division the entire public turned against the Loco Pilots is an example of this ignorance. The reason for all these things is the out dated OER which was framed in the British period during the STEAM era. According to the HOER Loco Running Staff are classified as continuous. This classification was correct in stem period. Where there were sufficient rests of 3-4 hours in the duty itself for coal loading, watering etc. But present is the electric and diesel engines period. No rest with in duty. A continuous vigil/sustained attention is required. So the Loco Running staff must be classified INTENSIVE. This point the Railway officers neglect since the vacancy will increase. The ultimate truth is ‘the railway officers want to kill the people through accidents for the sake of few lakhs rupees which will be multiples of what they saved by their economy policy, which they neglect or welcome due to the unholy income they get.

The HOER kill the people not only by longer duty hours but there are other menaces too. The continuous 6 night working is one among them. When all other categories of Indian railways take a night rest after a night duty, the Loco Running staff who take the risk of safety of thousands of passengers have to work 6 continuous nights. (Even an Air line pilot takes the risk of 100 to 400 passengers on board only). What further required for the Railway officers sadist/Accident prone mentality. Since no Accountability on them, the punishment will go to some innocent class III employee, mostly a Loco running Staff in case of any accident. This fishing in troubled water mentality can be bridled only by the actions of the people’s representatives. Another paradox is that the RDSO (Railway Designs and Systems Organisation)-Railways Own Department- suggested that there should not be any continuous night duties after 3rd day since it will be harmful to safety. During a Loco Running Staff strike of Trivandrum/ Palaghat Divisions against the unsafe crew link, the DRM/TVC Sri Titus Koshy told the media ‘ Every crew link we made according to the HOER only. They are striking for their comfort’ What a big blunder!! He kept a big silence on two points1.When did the HOER frame.2. When the RDSO recommended only 2-3 continuous nights maximum in view of public safety. Why did he implement more night duties for the Loco Pilots.

The rest is a very big necessity for any drivers. But the Indian Railways still not realize it at all. The Loco Running Staff must work all the 365 days in a year with out any calendar rest or holidays. The periodical rests which should be clubbed with the normal head quarter rests are not given so. The different stresses developed in the mind will subside only during rest and is very very essential for a safe driving. Any body will understand that restless driving will jeopardize safety but not the Railway officers. The private/Public sector companies are forcing the employees to go for picnics. They even compel the employees to take minimum 1 month leave in a year, not for improving safety but to improve productivity, but the rests are abridged, leave and sick are denied(If a loco pilot reports sick for ill health, the DME or DRM will tell the Railway Medical Officer not to keep him in sick even though he is real sick) Sick may be mentally or physically. Kinds of stresses are the example of the former .Any loco pilot has to take rest when he has a stressful mind (may be due to leave denial, continuous night duties, inability to attend any functions etc) The Medical officers do understand this but the pressure from the administration prevents them. Everybody understands the thing. The purpose of rest whether head quarter or out station or periodical, given to the Loco running staff is for PUBLIC SAFETY, which our Railway officers dare to neglect and when they do so they are inviting an Accident. The location of the running rooms, its type of construction, dormitory type accommodation, the non-AC construction, the sub standard food they serve ….. are all examples for this. Even in training institute hostels they arranged double bedded rooms where safety is not necessary. The air conditioning of the running rooms and engine cabs is a must for safety due to the unbearable heat waves, smokes and dust. (When a motor car costs 2 lakhs rupees is air conditioned then why can’t they air condition an engine which costs crores of rupees)

The stress may develop in the mind due to several reasons. The insufficient pay and allowances is one among them. See the Air line pilots their duty is confined mainly on take off and landing. They take the risk of lives of a few hundred passengers only. But the Air line authorities are very particular to give them higher pay and allowances. They are taking rest in star hotels in view of safety with pick up and drop facility. This must be compared with the Indian Railways Loco Running Staff- who take the risk of thousands of passengers. The dirty running rooms and nasty food as they get. Every pay commission reduced their pay and allowances with a competitive spirit. But when it comes to the punishments-“they always get the capital punishments for even minor offences”. All these things create too much stress in the minds of the loco running staffs. When they work with this stressed mind there is no safety for the passengers. They cannot participate in any social functions, marriages, rituals other ceremonies. They have been denied from taking leave or sick. Working all the 365 days in a year no festivals or NHs, no calendar day rest. Their children are growing with out his control. Every thing he faces at his work place is adverse to his life. All these things are creating tremendous stress in his mind, derailing safety.


One more thing we must understand at this juncture. This is the era of terrorism here and there in our country. Any where they may do sabotages. A boulder on the track or a stem on the track is enough to kill hundreds. The reflex action of the Loco pilot is a must. Stress will decrease the reflex action in turn affecting safety.

So in general, every thing which affects the Loco running staff (mentally or physically) is connected to the Public Safety in Railways. That may be an ill health, continuous duty hours, continuous night duties, improper rest, substandard/dirty running rooms, poor loco ergonomics, leave denial, sick denial, poor health of his family members, severe unjust punishments, improper pay and allowances etc. All are detrimental to Public Safety. When we highlight all these things to the public and media they takes a blind eye to all these.

************

Annexure 1. A small work study sent to the CRB by AILRSA/SWR
2.The Article ‘Do it now or die’ published in FIRE magazine.
3.The article ‘ The long hood menace& some facts’ in FIRE magazine
Hubli branch BGM of this organization conducted on 7/11/2009 at our divisional committee office. The meeting was inaugurated by com Nishad K/DS/AILRSA/UBL and presided by com Shaiju E K. Com Donalraj D presented the report. To strengthen the organization, meeting has decided to elect new office bearers. The following comrades are unanimously elected.

President Com. Shaiju E K
Vice President Com. S Sargunanathan
Com. Y Sreedhar
Secretary Com. A K Dixit
Com. Mitilesh Kumar
Com. K D Joseph
Treasurer Com. A M Joseph
Asst treasurer Com. Anil Gokhale
Com. Girish C
BEC Members Com. Goplakrishnan
Com. R P Das
Com. Praveen G P
Com. Chiranjeevi Rao
Com. Amardeep kumar
Com. M C Meena
Com. M Hasninan
Com. Brijesh Kumar
Com. Rjeev R
Com. Anshuman Sarkar
Organising Secretary Com. Priyesh N V
Divisional office in charge Com. Sunil M and Com.santhosh S
Fire magazine conveners Com. Dhnajay Kumar and Com. Palash Ghosh
Fire magazine editor Com. Madhulal G.

Meeting has taken unanimous decision to conduct branch meeting every month and to represent running staff problems.
Mr. Guy Ryder
General Secretary
International Trade Union Confederation (ITUC)


10th November 2009


Dear Bro. Guy Ryder,

As you maybe aware on the current situation and the struggle of the State Railway Workers’ Union of Thailand (SRUT) for the Safety of Railway and against many serious issues attacked by the management of the State Railway of Thailand, the Transport Ministry and the Thai Government.

I am also attaching a fact sheet on the current situation and the fighting issues for your further information.

As an affiliate, SERC would like to request for your solidarity support by
- Sending the protest letters to Thai government, Transport Ministry and the SRT Governor, regarding on Safety Issue and any limitation on the basic rights of the trade union
- Coordinating and requesting for solidarity support from other ITUC affiliates, to send the protest letters to Thai government, Transport Ministry and the SRT Governor especially regarding on Safety Issue and any limitation on the basic rights of the trade union
- Any other support would be really appreciated, if possible.


We really hope to receive your solidarity support and looking forward to hearing from you as soon as possible.

With best regards
Yours in Solidairity




Sawit Kaewwarn
General Secretary


CC: Mr. Noriyuki Suzuki, ITUC-AP
SRUT’s Struggle-Back ground

Dear Brothers and Sisters,

As you are aware that SRUT has started its action on 12 October by gathering and staying overnight on the street in front of the Transport ministry and submitting the demand letter to the government during its cabinet weekly meeting in order to get the real attentions from The Transport Minister and The Prime Minster on the recent train fatal accident that caused by the Fatigue of Locomotive Driver and the malfunctioned Safety System (Vigilance Device or so called Deadman system). But this action did not get attention from the Transport Ministry and the government or even from the Media as expected.
So the union had to upgrade its movement. Since 16 October, SRUT has requested the railway workers and its members throughout the country to join in the nationwide industrial actions to response to the irresponsibility and ignorance of its Railway management, Transport Ministry and the Government on the shortage of Railwaymen especially the locomotive driver and the safety standard of the railway operation. The nationwide industrial action started by slowing down work of Locomotive Drivers, Driver Assistants and Technicians and the action has been developed to work stoppage by taking voluntary sick leaves a few days later.
In response to the union action, the Government, Transport Ministry and Railway Governor has attacked the union hard by releasing the real nasty propaganda against the union, emphasizing that the accident was caused by human error only and insisting that the Vigilance device (safety system) is only a supplementary device for the railway safety and it is not important for the safety measure because the Locomotive driver, driver assistant are already there which is enough for the safety in driving the train. We all know that this is extremely wrong and purposely wrong information to the public and media. All modes of Transport must have the safety device and system and can not just rely on the human only. And now they, the government, transport ministry and railway governor, have joined hands together and announced to speed up the Restructuring Plan of the railway within 3 week-time.
There are all sorts of fault rumors that are causing misunderstanding among the public, these are a set up by management against the union. Some branch committee members were transferred immediately within 24 hours without any reasonable grounds. All the guilt and bad images were dumped on the union. The union was pushed to become a public defendant.
The Transport Minister, management and the government response to the union action by amending the related rules and regulations in order to recruit those 120 students newly graduated with no real experiences from Railway Engineering School and some 20 retired locomotive drivers to drive the train to replace those drivers and assistants who join the action with the union. This is extremely dangerous to every life concerned; they just don’t care the safety of passenger and workers but only want to defeat the union unreasonably.
Yesterday, The State Enterprise Workers’ Relation Confederation (SERC), comprising of unions in public services, transport, electricity, water supplies, energy, banks etc., and ITF Coordinating Committee of Thailand have read out their statements in the press conference and declared to the public that they will fully support the fight and struggle of SRUT. On coming 26 October, 43 SERC affiliated unions will meet together to discuss and set their strategic movement to help and support the SRUT struggles by all possible means.
This morning (22 October) SRUT’s committee went to the Crime Suppression Division, Office of Command, Thai Royal Police to file charges against the management on violation and not complying with the Collective Bargaining Agreement that was made with the union in year 2001, 2002 and January 2009. In the agreements which stated that they would fix, repair, and look into all kinds of maintenance in order to ensure the diesel locomotive, passenger cars, and other components of the train to be in ready condition before running the train. The management has never complied with these agreements until the latest fatal accidents occurred and blame only workers and when the workers refuse to drive the trains that are not in proper condition to run especially when concerning the safety devices, then the all fault will be again thrown on the workers and penalty would be instantly given to them.
Below are the issues that SRUT has been fighting against:
Safety Measures on Train:
No proper safety measure and device on 90 % of existing trains, not comply with the rule and regulations of The State Railway Act and the CBA made with the union on 14 August 2001, 4 December 2002 and 23 January 2009. In the agreements which stated that they would fix, repair, and look into all kinds of maintenance in order to ensure the diesel locomotive, passenger cars, and other components of the train to be in ready condition before running the train. The management has never complied with these agreements until the latest fatal accidents occurred and blame only workers and when the workers refuse to drive the trains that are not in proper condition to run especially when concerning the safety devices, then the all fault will be again thrown on the workers and penalty would be instantly given to them.
Mismanagement by the Governor:
The ignorance on safety measures for passengers and workers, corruption, violation on CBA made with union and only blames the workers when problems arise without acceptance the fact that the management themselves are at fault and have never so far accepted the fact that the trains are not in the condition to run.
Fatigue (Kills) of workers:
The shortage and limitation of the railway workforce which was the cabinet’s resolution, many drivers have to continuously work without proper rest.
Privatization:
The announcement by the government to speed up Restructuring Plan within 3- week time. But at the same time, the earlier agreement between the union and cabinet’s
representatives made after the latest nationwide strike in June, is still there. The agreement states that any changes or amendments in The State Railway that may affect the working conditions of railway workers must have the union’s involvement and consent before proceeding.
**********
THAI RAILWAY DISPUTE
A. Timeline of events
22 June 2009
The State Railway Workers' Union of Thailand (SRUT) successfully organises a strike action against the government's privatisation plan.
1 October
A passenger train in western Kanchanabhuri province is derailed following heavy rain.
3 October
A fatal rail accident in Hua Hin kills seven passengers and injures many. Apart from the old and underdeveloped train system, staff fatigue is believed to be the cause of the accident. The driver hadn’t had a rest day in the previous month.
4 October
A freight train carrying cement powder is derailed in the north of Bangkok. Based on the 1998 resolution by the cabinet, only five per cent of the 100 retiring staff are replaced annually. Furthermore, the government continues to pursue privatisation plans by setting up four sister rail companies, including the forthcoming Airport Rail Link in Bangkok.
12 - 13 October
SRUT mobilises its branch committee members throughout the country, and its workers in Bangkok's depots, maintenance factories and stations, to go to the Transport Ministry's office in protest at the recent fatal accident and the privatisation plans.
15 October
ITF Thai reports that the State Railway management is refusing to accept fatigue as the cause of the earlier fatal accident. It goes further, dismissing the train driver who was involved in the accident and cutting the salaries of the driver's assistant and the caretaker by 15 per cent for the next 10 months. The union claims that the main causes of the accident were staff shortages and long working hours in addition to budget cuts, old trains and mismanagement in the State Railways (SRT). In this particular case, the union says that the safety system (vigilance device or the so called the ‘deadman’ system) did not function.
16 October
SRUT steps up its campaign by calling its workers to participate in a national industrial action to demand the railway management, Transport Ministry and the government to redress the staff shortage, in particular of locomotive drivers, and to improve the safety standard in rail operation. Locomotive drivers, assistants and technicians start to slow down their work and work stoppages have developed by workers taking voluntary sick leave. The government, Transport Ministry and the rail management launch a counter media campaign to attack the union by releasing misleading information. They say that the safety system is only a supplementary device and that the driver and his assistant are on board to take safety measures during their duties. Furthermore, they jointly announce to that they will be speeding up the rail restructuring plan.
They are also recruit graduate students from the Railway Engineering School and retired locomotive drivers to break the strike.
21 October
The State Enterprise Workers' Relation Confederation (SERC), which brings together unions in public services, transport, electricity, water, energy, banking etc, and the ITF Thai Coordinating Committee release their statements in solidarity with the SRUT.
22 October
SRUT visits the Royal Thai Police (crime suppression division) to file charges against the rail management on violation and incompliance of the Collective Bargaining Agreement in 2001, 2002 and 2009, related to improvement in safety measures.
28 October
The ITF sends a message of protest to the Thai authorities and asks its affiliates to support the rail workers and its union in Thailand.
29 October
Unions including the JRU, FNCTTFEL and CAW send their protest letters.
ITF Thai reports that the police were called in to break up the work stoppage that started from 16 October in the Hat-Yai Branch, southern Thailand. It is believed to be one of the strongholds of the union. Six committee members of the Branch were then dismissed by the management. The rail management has also taken the union to court, demanding 70 million bahts for its loss of earning caused by the industrial action. It is believed that the top leadership of the SRUT at its headquarters in Bangkok will be dismissed very soon. ITF launches its Online Protest.
http://www.itfglobal.org/solidarity/thairail.cfm
30 October
ITF General Secretary writes to the Prime Minister Abhisit Vejjajiva, urging his intervention to stop the SRT from victimizing the union members.
http://www.itfglobal.org/files/extranet/-1/18438/StateRailwayUnionWorkersofThailand.pdf
SRUT, SERC and ITF Thai affiliates hold a rally in Bangkok to protest the news of possible dismissals of union leaders.
31 October
The union rally continues.
The SRUT says the Prime Minister has visited Hat-Yai and met with the 6 dismissed union committee members. He promises to meet with the SRUT national leadership on 2 November. The court has not issue arrest warrants of the union leadership as requested by the police before the end of the week. Meanwhile, the management suggests that they may dismiss another 18 unionists. Hundreds send their e-protest from the ITF site including those from Australia, Belgium, Bulgaria, Canada, Chile, Estonia, Finland, France, Great Britain, Indonesia, Ireland, Japan, Lithuania, Malaysia, Mexico, New Zealand, Norway, Palestine, Romania, Russia, South Africa, Sri Lanka, Sweden, Switzerland, Turkey, USA and Yemen.
B. What are the key issues?
(1) Mismanagement by the State Railway’s Governor Yutthana Thapcharoen
He has failed to improve the safety measures on trains for passengers and workers.
The National Audit Office has pointed out corruption charges against him but the
government has done nothing and is effectively protecting him.
He has violated the Collective Bargaining Agreement by failing to implement safety
measures.
He blames the workers when problems arise, and has never accepted the fact that trains
are not in the proper condition to run.
(2) Safety Measures on Trains
90 per cent of existing trains do not comply with the rules and regulations of the State Railway Act and the CBA signed with the union on 14 August 2001, 4 December 2002 and 23 January 2009. In the agreements it was stated they would fix, repair, and look into all kinds of maintenance in order to ensure that the diesel locomotive, passenger cars, and other components of the train were in a fit state, before running the trains.
Presently, only 20 out of total 170 locomotive cars are equipped with a vigilance device (a safety system also called a 'deadman' control).
Once a fatal accident occurs, the management blames the workers and when the workers refuse to drive trains that are unsafe, they are penalized.
Rules and regulations in the railways were amended in order to recruit 120 graduate students from Railway Engineering School, who have no real experience, and some 20 retired locomotive drivers to drive the train to replace the strikers. This is extremely dangerous. We believe the management don’t care about the safety of passenger and workers and are simply trying to defeat the union.
(3) Fatigue kills the workers
The shortage in the railway workforce comes as a result of the cabinet’s resolution in 1998.
For this reason, many drivers have to work continuously without proper rest. Although they may be working eight hours a day, they cannot take rest days. For example, the driver who was involved in the accident had not had a rest day for a month.
The State Railways (SRT) cannot employ more than five per cent of those reaching the mandatory retirement age of 60.
(4) Privatization
The government recently announced it would be speeding up the restructuring plan to start within three weeks.
However, the earlier agreement between the union and cabinet’s representatives made after the last nationwide strike in June 2009 still exists. It states that any changes or amendments in the State Railway (SRT) that may affect the working conditions of the
railway workers must have the union’s involvement and consent in advance.
(5) Union Busting
The government, the transport minister and SRT management have been trying hard to attack and destroy SRUT and Thai union movement as a whole. Sawit Kaewwarn, the President of SRUT, is also the General Secretary of the State Enterprise Workers Relations Confederation (SERC).
The State Railway of Thailand (SRT) has filed a case against the union, SRUT and its six top union leader. The Songkhla Provincial Court has issued a notice that prohibits the union from performing any industrial action or actions to obstruct the train services.
The names of the six leaders are:
1. Savit Kaewwarn, 2. Pinyo Rueanpetch, 3. Thara Sawangtham, 4. Banjong Boonnet, 5.
Liem Mokngam and 6. Sunanta-Sawangkaew (Mrs)
The government sent armed police to the “Hat Yai” Southern district, where the work stoppage still continues, to break the strike and force the drivers to drive unfit trains with improper safety system. The union’s actions are rather limited and are increasingly becoming more difficult because of the notice issued by the court. The union is trying to find other possible ways to move forward and fight for the safety and the future of the railways and defend the Thai union movement.
They are trying to reach out to the railway communities in various places and to explain the truth about the railways to them.

Monday, November 9, 2009

‘PUBLIC SAFETY-SOME THOUGHTS

“We do all the steps to improve safety” “18000 crores we spent for safety”……while platitudes are coming out from the Railway Managers and the recognized unions are reticent, the real workers laugh, but people do not, due to the ignorance. Railways made a mockery department too, in the name of safety, with an intention to camouflage. It will be headed by traffic officers only. (whose intention will be to run trains only whether safety is there or not, since they belongs to traffic)

Some of our persons do fight it alone, like Mr. P.U.Venkatesan of SBC Division with an improper view and way. ( He thinks the long hood working is the only nightmare. But whether it is long hood or short hood, a loco pilot, who could not concentrate on his duty due to lack of rest or tight crew link or continuous night will make an accident)

There are primary concerns and secondary concerns for safety. For example: Effective brake power and percentage brake power are different. First one is the primary reason and next is the secondary. If the brake cylinders are working and braking takes place percentage part is over. But the effective brake power depends on brake rigging, air brake or vacuum brake….like so many things. This great point is ignored by all, and in all cases they consider the secondary concerns for safety first.

Railway brought different categories under safety category label. This is not true. Only the Loco Running staff are the real safety category staff, why because their duty is directly proportional to safety where as others duties are inversely proportional. This already I explained before, but will explain once more. If a station master sleeps on duty, the trains will stop at both ends of his station- a 100% safety. But if a Loco Pilot sleeps in his duty, the result will be an accident.

The concentration on duty which is an elaborate subject with branches and branches connected together. Rest is very very important for concentration/sustained attention, but see how unscientifically and irrationally they made an HOER, how illogically they designed and located the running rooms. The hostels of the training institutions, where safety is not of much importance, are constructed with double bedded rooms with attached bath rooms. But the running rooms where safety plays the primary role are dormitories or cubicles with common toilets. Now look at their locations. They will be constructed near to the starters/ home signals with long long whistles of trains disturbing the rest every time. Here the solution is very simple; instead of blabbering ,make the running rooms Air conditioned with double rooms. (One example of idiocy I will tell. In Dharmavaram running Room in SCR there is a cubicled room. It has 4 room air coolers. Each cooler costs Rs. 7000/-. So the total cost is Rs. 28000/- .Daily watering and mosquito repellents are a must. But all these purposes could have met with a single split AC which costs only Rs 13000/-). All the bombasts – like AC is costly, AC is a luxury, only officers should enjoy it……. Are the products of cheap jealous or puerile thinking.

Come to the next serious point – THE HOER. When it was framed?! During the steam era, when watering and coal loadings where a must, which were taking minimum 3 Hrs or more. So the explanations for continuous duty (60 minutes or more rest within the duty with a chance to leave work spot) were suiting. But this is the era of AC & Diesel locos (with more fuel tank capacity). Now our duty is not coming under the purview of ‘CONTINUOUS’. There are no periods of inaction in our duty now. While stopping also you must concentrate on signals , Rolling stock, the gauges, rolling back etc. You don’t know when the signals will be taken off. You must be prepared to start the train at any time.(a sustained attention always). But alas, still your duty is continuous. You have to work 12-13 or more hours continuously. This is detrimental to ‘PUBLIC SAFETY’ which Rly Admn. Is neglecting en-tout. ( one rumour is there in, Rly circles. Some of our highlevel officers like the ‘Accidents happen’, due to the unaccounted / unaudited money they can spent for the relief works etc)

Next thing is the continuous 6 Night duty clause. Can anybody imagine about a safetiest category person working continuous 6 nights, that too when the RDSO- Indian Railway own concern – recommends less than 3 nights. When all other staff whose duty do not link directly with public safety are enjoying night rests after 2 consecutive night duties, we the safetiest category people, whose duty is directly linked with public safety, have to work 6 continuous nights. Any wise man will bewilder when hearing this. This is nothing but a dereliction at the part of the Rly Administration which is punishable too under Indian Penal Code Section 304 (Almost 80% of the Accidents findings point out an involvement of night duty). This is nothing but ‘adding insult to injury’ attitude to the public safety.

Now come to the Loco Cab design. The heat waves inside (one must remember in this juncture that a small car costs 2-3 lakh is air conditioned). the sound ……(while talking about air conditioning again the Cliche will start coming out from them “Running staff are not eligible for AC), the congested nature of the control stands unable to keep torch, rough journal etc are examples. The long hood menace & smoke/dust pollution comes next.

So generally we can say that ‘all the things which have a direct impact on the health of the Loco Running staff (mentally or physically) are the primary concerns or points of safety and they should be rectified first. Even the welfare of the family members of the loco Running staff will have an impact on public safety.(Any adversity will create stresses in the mind of the particular LP & he cannot deliver a safe driving).

Then comes the secondary reasons. Some years back Indian Rly collected almost 18000 crores of rupees from the public as a safety surcharge. The Admn utilized the money to strengthen the bridges, modifying signals , for laying tiles in running rooms (this they think ‘most essential for safety) etc. But what is the use of all these things if the Loco pilot is not able to deliver a fool proof working due to the primary concerns of safety.

When the Rly Admn. betrays us, they cheat none other than the public & public safety. The tight & still tight crew links(in the names of COM or Rly Bd), the extended crew links, the 4 days stay at outstations, the 6 continuous nights, the long hood, the present HOER, reduction of salary allowances (it gives tremendous discontent which leads to heavy mental stress finally leading to an unsafe working ) , denial of leave, sick etc ….. All have an impact on safety & detrimental to the Public Safety. This great point is disregarded by our Rly Admn. When we strike for a better crew Link they hoodwink the public by telling that “they do it for their pleasure and everything is according to the HOER ? ! ?”

The General Manager, the HODS, the DRMS ….. all get their T A for nil traveling expenses ( Food, Stay &travel are free for them while work on lunch programs) but they are jealous on our mileage which is earned from our hard work. Our work provides them their salary, allowances and pleasures. But they are callous. The insolent ‘what I do’ , ‘WHY I do’ attitudes does not solve the problems when safety is in disaster. The damages of one major accident will be equal to the entire savings they achieved during the past years cheating the Running staff or safety. This truth everybody should understand, whether patriotic or not.
When you do any mistake administration will give you capital punishments telling the safety aspects, telling the safety and responsibility you shoulder. But when it pertains to the remuneration-which you deserve- for the risk you carry, for the safety &responsibility, for the true nature of your work- they are least bothered and adamant; they will give you the least Grade pays, they will guilefully reduce your salary & allowances. Why this double dealing, that too when your life for the Railways, for the nation.
Tail Piece: When I was waiting this another accident haunted Indian Railways killing 22 persons and injuring as much. The reason may be a long sketch of working (COM link or GM link) or a 4th or 5th or 6th night or a stressed mind due to any reason.

Saturday, November 7, 2009

Railways top list of corrupt Central Government departments
11/05/2009 -
Going by the number of officers trapped by the Central Bureau of Investigation, the railways are the most corrupt Central government department in Mumbai – and they’ve topped the list in 2007, 2008 and 2009.
This year so far, of the 26 people trapped by the CBI’s Mumbai unit, eight are railway staffers. Last year it was 6, in 2007 it was 10. Close behind the railways is the income-tax department, with 5 traps this year. The Customs and Central Excise – the second most corrupt department last year (with 5 traps) slipped to number three with 2 traps this year.
Two private individuals also made it into the list, one of them being former union home minister Buta Singh’s son Sarabjot, who was arrested in July for taking a bribe of Rs one crore from a Nashik-based municipal contractor.
Sarabjot had demanded a bribe of Rs 3 crore from the contractor to hush up a case against him. The CBI will file a chargesheet against Sarabjot this month, said Rishi Raj Singh, joint director, CBI, West Zone. Against the CBI’s 26 traps this year, last year saw 30 and 2007 recorded 18.
As part of the Vigilance Awareness Week from November 3 to 7, the CBI will visit 26 Mumbai colleges to create awareness among students to fight corruption.
The agency will also meet whistle blowers and representatives of various NGOs. Singh added that these NGOs will be requested to approach people on behalf of the CBI to spread the anti- corruption message.
He said the CBI will also talk to about 50 chief vigilance officers in various government departments in Mumbai. “We will tell them how to be vigilant in their own departments and how to approach us to pass information on corrupt staffers,” he explained.

Wednesday, November 4, 2009

ALL INDIA LOCO RUNNING STAFF ASSOCIATION
Regd. No. 17903 H/Q Yellow Building, P.O. Anara R.S. Distt. Purulia (W.B.) Pin 723126
Central Office : AILRSA BHAWAN, H.No. 333, Bhoor Bharat Nagar, Ghaziabad – 201001.
Tel. No. : 0120-2740025
L. Mony M.N.Prasad
Central President Secretary-General,
‘Devi Nilayam’, Kadavil Road, At:- Aravindapally,
P.O. Vyttila – 682 019, Kochi, Kerala. Post: Adra, Dist:-Purulia (WB)
Phone: 09446207312 Phone: 09434008950 E-mail mn.prasad@rediffmail.com
Ref: ……………… Date: 02.11.2009


To,
Sri,
Hon’ble M. P (Lok-Sabha / Rajya-Sabha)

Sir,
Reg: - Locomen Grievances.

The All India Loco Running Staff Association, is an Organization of Loco Pilots, Motorman and Asst. Loco Pilot of Indian Railways, who are maintaing the train services in Indian Railways all round the day & night in all the seasons and in all the area whether naxalite effected or terrorist effected taking the risk of their lives but always their genuine grievances have been ignored and made sufferer. Their service and working condition are being deteriated day by day which some times become the cause of an accident in the Railways.

The 6th CPC again done injustice to their Pay, running allowances etc. several representations at the different levels and at the different occasions have been made during last one year but in vain. Lastly the Association has decided to hold a rally following which, sit in Hunger for 24 hrs. on 25th / 26th Nov’ 09 from 11:30 hrs. on 25.11.2009 in order to draw the attention of Railway Administration

The Loco Running Staff of Indian Railway are very much deprived and dissatisfied, request you to take up the issue with Hon’ble Minister for Railways so that the genuine grievances are redressed.

I hereby also request your honour to address the rally on 25th Nov’ 09 at Jantra Mantra, New Delhi, confirmation may please be given to me.

I further request you to give me an appointment to meet you in New Delhi any day in-between 22nd Nov to 24th Nov’09 at your convenience to enable me to explain our grievances in person.

Expecting your help and assistance to solve our problems.

With thanks,

Your’s sincerely


M. N. Prasad
Secretary General
AILRSA
1.
MAANISHADA…
[STORY]
V.R.PRAKASH. LOCO PILOT/ERODE/SALEM DIVISION

Uma was peeping through the window of the running train….. The running away sceneries of the town which was her home town for the past 20 years… …now the scenes are passing away from her eyes…. as the years passed through…
She thought about the day 20 years back along with her husband in the running train in a general compartment, traveling to the big city after the marriage from a village of her home cradle with a dream to live with her better half….
With a lot of dream which has been fed to her by friends to feel and know the unfathomable depth and the realities of the town…they, her friends felt it as a luck to live in the dream city which was their life time desire….some of them expressed their jealous in the time of marriage that they were not in a position to be with their husbands, since they marry persons from in and around. But the hope of Uma never bore fruit at the earlier days after the marriage. When she used to raise such ideas to live with her husband at Chennai there were total disparity from the entire family.
Father in law and mother in law disagreed initially “ No you should not go …a place were you will not find any body to heed you….you will be very new to the town and its life style…you couldn’t grasp the language and you will be lone to spend days in a place of alienation .. Father in law’s perception was so.
“You stay with us ...who will be here to help us if you are going” mother in law was very keen not to leave Uma to the mercy of the hectic and tough town which she heard about. Her versions are true and it invite natural support from Venu.



2.
Latter a strongest fight from Uma, as a single lady army made Venu’s mind changed and finally he agreed because of the difficulties he faced in getting leave to reach the native.
How can she forgo the journey in the side seat of the 20 Mail…. She was seemed to be like an empress who conquered a great nation sitting aside of Venu ...simply laying the head over his chest ….seeing the passing away sceneries with pride of traveling in the general compartment with the privilege pass..
Her husband told her that it was too difficult for him to find a house nearer to the crew booking office….on deep enquiry he got it and after making necessary little arrangements in the house he brought her to the big city..
She cannot forget the days gone. Years passed as days and at last the return from the city which fed her for two decades... two hefty decades. The turning point of her life…which turned her life upside down… day today life a struggle with…coping up with the need of children and Venu….inestimable worries…. But she remained as a calm sea with innumerable miseries in-depth.
Every thing flashed through her mind as things happened yesterday…everything...the happiest days after the marriage and the sad events faced in life and the hurdles she came to overcome throughout the life as the song in the Tamil movie “AUTOGRAPH” –“Oro pookalume solkirathu vashvennal poradum porkkalme”- what a fantastic song and how far it reflected in her life….

“Aunt….Aunt …your husband was a train Driver”….Uma awaken from the deep thinking by hearing this voice….how fast children mingles together…
“Yes …he was a Loco Pilot…it is the new designation to the Engine Driver….my dear girl… Uma smiled at the little girl and just gave a small pinch on the face of the kid.
“Your good name please..”
“Uma..”….every question and its answer are incidental and usual. Mother of the girl started talking to Uma who actually gave a smile when they entered the compartment and little bit hesitated in blending with Uma seeing her nervous face earlier and now trying to share her moments with Uma..
“Where are you going?…”
“Thiruvananthapurm…”Uma replied.

3.
“Is your husband working in Railways..? a question which never needs at the occasion and not relevant even though she knows well…always we will be equipped with certain number of regular questions and we do it as a courtesy…girl’s mother also part of the same fold…
Uma repeated “Yes ...he was working as a Loco Pilot…
“You are alone...Where is he”…?
A sob at the throat... Uma felt it… “No….he will never come...He …he ... left us…for ever”...she can’t even complete the words...
“Sorry I am really sorry…I was not aware of his death…sorry. She grabbed Uma’s hands and shared her feelings with Uma…It was a tragic job to sooth a widow lady of young age…but Kavya made it as a very familiar job…
“It’s OK…”.Uma sobbed and wiped her nose with hand kerchief …Pacifications…Uma knows that nobody can …nobody can fill the vacuum of Venu...
Again Uma shrunk to the shell …again to the sweet and heartbreaking memories of the past. The days behind …a lost Uma some were …what a talkative Uma become introspective after the demise of her husband…what a personality was earlier…always talking to all and friendly to all…every thing lost…a married life for the past 20 years…a life with cries and pleasure…a lot of experiences…. a lot of life studies….a number of incidents …most of them sore and bitter tasted ones..How many types of sacrifices …how many persecutions …
“Mum... Mum …hey Mum…this aunt’s husband died while running the train….”Girl told her mother…which again disturbed Uma from her thoughts…
Children share everything within moments and they don’t know to hide things …Uma looked at her kids in a most irritated way for not keeping tight-lipped and for not keeping reserved while on travel..
Girl’s mother also made an unpleasant look to the girl and expressed her unhappiness through some gestures…but she was not in a position to stop…she called Uma...
“Aunt…Aunt…is it true …Kiran brother told me so…”.Uma looked at her younger child…and called the girl near to her.
“What is your name….?
“Shalu…
“In which standard you are studying?.”
“Nguuu ….in 4TH standard” she replied... in a rhythmic way.
“What do you want to know?...”Uma simply came out of her nest.

4.
“Kiran brother is telling that uncle expired while driving train? Is it true?...if so. May it cause an accident?...”.A question quite natural, which requires attention.
“Yes dear kid …yes...it is true...” Uma made her mind harder and prepared to face everything from the mouth of the kid…
“Uncle expired while driving an express train from Chennai…”
Shalu’s mother came near to hear Uma... just like a most inquisitive kid to hear Uma as a lady with the same human touch of mind which Uma felt while grabbing her hands to sooth her knowing the death of Venu…
“He told me that there may be chances for accidents…there will be two persons normally in the train.. Loco Pilot and Assistant Loco Pilot... But in suburban trains there will be only one Motor man... Incase of any thing untoward happens to the Loco Pilot ,if the Assistant Loco Pilot is not trained to run the train ,he has to stop the train applying emergency brake.. Luckily when Kiran’s dad was running the train the Assistant Loco Pilot was having license to drive the train and he made it to the next station…from there after loosing a lot of valuable time due to the total inertia of the system by another train to Hospital and he succumbed in the ICU in the next day throwing us to the mercy…the mercy of the world…”Uma burst in to tears…she wiped her nose …. “There were incidents even Loco Pilot died at the Platform when he was supposed to work train after making his necessary entry in the ledger, without any care ... in a strange place due to the apathy of the administration …they only interested in the running of trains…they simply neglect the woes of its decades together worker who fetch money and fame for the firm.. who worked sacrificing everything…everything even the social life of them …Yes I am a living martyr …there are so many…”Uma become more and more vulnerable when she thought about her husband..
Shalu become annoyed by the sudden change in the expressions and she skipped away from the scene and went to reach her brothers for their play.
Shalu’s mother was fond of the subject and she came and sat more closely to Uma and asked her the question.
“How far being you are here?”
“20 years”... Uma replied.
“Who were there in your native” Shalu’s mother not want to stop questions.

5.
“My father and mother are available in their native. Husband’s father expired and his mother is there at native. She is residing with elder brother in law. There the old house is being partitioned for my husband and we will be going to stay there along with my mother in law”.
“Your husband expired while on duty… na …you are eligible to have job on compassionate ground ... isn’t it?.
“Certainly…but I am fed up with Railways…I want to forget everything even the brutal martyrdom of my hus …he was brutally killed in a snails pace … I strongly believe so…they killed him... Yes they brutally killed him…the relentless work, forced on him by reducing the workforce... by reducing the rest... by drastically increasing the workload…targeted only on profit….only on profit…hurling him to the wrath of working against nature …the fear psychosis emerged in Venu’s mind…everything…everything in his day today working scored his life …sitting in Air conditioned rooms they killed my dear…It should be reckoned as a culpable homicide… Throwing me and kids to the mercy of this world...” Uma again busted in to tears…luckily the coupe was empty…other than us there were none…
“By the by… I failed to ask you, your name…”Uma tried to hide her emotions….
“Kavya…” she replied …
“Where is your husband…never seen him…”Uma asked the question of courtesy…
“Yes… he is at Chennai…working in defense department and he will be coming home on leave after one week….We are on a get together with the entire family members in connection with Deepavali next week…everybody is coming to celebrate it every year…Let it be …don’t think that I am intruding in to your privacy and I am advising you ,since I am younger than you to do so… your children are so young and certainly you require a job to make them educated.. you can’t even think of the children in a stage of less education in a competitive world with less or no humanity…Please don’t misconstrue me and sorry for asking such a question … you told that you came to Chennai 20 years back but your kids are so young…why? Kavya had a question of extreme deference other than common ladies...
“No madam we were blessed with a girl Ramya first after three years after our marriage. She died due to Meningitis when she was 3 years old and the question is too relevant. The delay is not accidental, since the marriage was in time and I came along with him to Chennai…” Uma started talking having
6.
a just glimpse on the kids who are interested in playing only. “But as you know pretty well Kavya, the basic requirements to form a zygote is the timely mingling of the couples ,which is the natural need and Railway keep us alienated for days together in a month and there by we were skipped away from surrounding days of ovulation.…We lost almost all chances to have such moments since he was working in goods train when we got married and he was out of station working the train for three or four days and at times when he reached home nature and the gift of it failed away from us…no… which was harshly snatched away from us” Uma concluded.
“So this was the only reason and there were nothing else to do with your physical conditions …” Kavya asked this question…
Uma was little bit confused and tried to elude away to reveal all secrecies to a strange lady…seeing the suspicion in the face of Uma, Kavya started talking revealing her identity.
“See Uma I am a social worker and a Freeland journalist, we are having an organization in National level to fight against child labour, atrocities against women and fighting for the causes of humanity and the toiling masses…That’s why I am asking such questions, if you are a person interested in literature and reading, you might have heard of me .I am writing in the pen name “maanisha.d.a”.
Uma become astonished and find it hard to believe the author, orator and human activist sitting in front of her. She really become happy and started talking to her in full of vigor since she heard a lot about her and she was very much admired about a lady who is fighting for the causes of the down trodden, toiling masses, slum dwellers and the suffering human beings and ladies.
Uma continued “Madam…”Kavya interrupted and told Uma to stick on to call her name or call her as friend…
“OK... Dear friend...”Uma continued... “We two were actually cruelly separated by the administration even days together in a week and in one trip he used to reach home after a minimum of four days and again was called for duty in another 12 Hrs. Mean time I was being engaged fully with a lot of works including cleaning his uniform and made it ironed within this stipulated time unless other wise he was subjected to penalties of remunerative losses for not wearing uniforms. I never compelled him to do any work with the thought that, since a once in a blue moon visitor to home and to work train in the night should not be disturbed, which may cause more trouble and may lead to other hazardous incidents…

7.
“What about the weekly rest….? Kavya raised this question because she was very much anxious about the comments made by Uma.
“Those things are extremely ridiculous…every thing is calculated on hours measure…priced gold….they are not supposed to get the weekly rest ,instead four-thirty hours rest or five-twenty two hours rest named as periodical rest is sanctioned for them after a persistent struggle at their Office which can be denied by the supervisor in charge for about 10 days….no holidays are holy ones for us… since Railway runs more trains as Holyday specials and at the extreme edge of non availability of Loco Pilots and Assistant Loco Pilots due to non filling up of vacancies ,every Loco men and their family deprived of with the fruit of almost all festive seasons”… Uma felt it as discriminative.
“How many days they will be available at home?”
“We cannot predict or count it on days comrade…it spells hours only…
“What about leave and all…?” Kavya can’t stomach Uma’s statement.
“ Leave…what dose it mean…I actually forget the festivals which I celebrated in my native and even I failed to attend marriages and death of my close relatives…I even forgot the days we celebrated the festivals in our native…latter after a long gap when we reaches home his mother informs us almost the all events which happened for the past days after our previous visit…It directly affected me during the death of my own uncle, since he was not available at HQ and he was informed it latter and we failed to give the last rituals….What to say Kavya…we lost our first kid Ramya because of the apathy in bringing him back from out station. In those days I was not so familiar and was new to the city and I feared and delayed in taking her to hospital because he was out of station and there were no means of communication and as a lady new to the city I feared to go out in the night. We were staying outside the Railway colony and the fits due to high fever caused her life even though she was being taken to the hospital in the next day morning by me… Kavya saw the fury of a lost mother in the face of Uma.
“I can sense the hardships you faced in the younger age… that too at a place of non familiarity…really pathetic and should be addressed by all means. Why you people hesitated to approach human rights commission and woman’s commission.. Why can’t you go to court...?” Kavya become more and more responsive to the burning issues of a lady beyond similarities…

8.
Neglecting or not to disturb what she aimed to talk Uma continued …. “Certainly because of his nature of job I lost my dear girl. To him… it was the second and most heartbreaking incident, that we can’t say it as the fate. His father expired and the message was conveyed to the office under which he is working, through the land phone by me and he was about to start the Goods train from the Yard…the place from where normally goods trains are being operated... he was about to start the train ,but he was not informed with the fear that the train will cause a delay by relieving him…They advised the matter at the next crew changing point which is near about 3 hours journey away from the HQ and he was relieved after all return trains to Home station… they call it as HQ and he came home by a goods train which took 7 hours to reach and to the grief we lost the chance to pay homage to my father in-law with a last look…since the mortal remains were cremated before we reach home due to the non availability of freezers in those days… we reached home in the next day morning only ….we failed to see him last …”Uma sobbed..
“It is unbelievable and you are saying that there were a lot of issues which requires strong interference from Human rights commission and even they are nude human right violations...” Kavya made her condolence by saying the words “What a pity…the persons who are seeing things from outside is not seeing the unfathomable sorrows behind….”
“Ones…this young chap Jithu fell ill due to diarrhoea and was admitted in hospital nearby. His father was out of station and I informed this matter to the Office and ask help to get back him home through a neighbor. This thing sparked a lot after informing him and relieving him on latter hours from duty… a 5 hours journey home, a Loco Inspector... in short LI... was directed to the Hospital were my kid was admitted and a call boy was send to see the position of our house to know the veracity. But my kid was discharged in the night due to my plea on the compulsion that I was not in a position to stay at the hospital with the younger one Kiran, since he was a small kid and it will be more painful for me to stay at the hospital. Mean time the Loco inspector went and searched for my kid’s position at the hospital. Further a fact finding enquiry was conducted and both the friends who were available at the crew booking Office, who gave the message to the control office were harassed brutally and shifted away from the duty….further after producing a medical certificate on this juncture my husband was being exempted from penalties. More ridiculous was another
9.
incident…another day a Loco Inspector was being send to confirm my health conditions when I gave a message due to excess bleeding during menses, fearing about me, since it was a festive season and nobody was available in the nearby quarters to take me for a medical aid... Seeing the LI at the doorsteps I was being peeled and ashamed of the administration and heated up with him forgetting my physique and even think pity about my husband who is serving the firm for years together neglecting all his personnel woes and the contribution of me and kids sacrificing ourselves with him even with the loss of the social links which were being broken and the disturbances during the calls served to him in night by the call boy at mid nights by the pushing of calling bell…LI narrated his innocence and compulsions made by the upper authorities ….Latter on his recommendation Venu was relieved and returned to home next day… He told me on arrival that this is not new that in another case to confirm the death of a relative of Mathew, one Loco Pilot an LI was send and after his recommendation leave was sanctioned for him …and there are more, in connection with the messages given…Railway is that much heartfelt in believing the Loco Pilot and there family who fetch every thing for the Railways…I am really ashamed of… Uma burned...
“What dose it mean..?Loco Inspector?. Whether he is empowered so much and is he a supervisor?”… Kavya is having a small doubt.
Uma made a small gasp and again started… “Yes LI is being selected from among the Loco Pilots after a selection process and being nominated to take care of a small group of Loco Pilots. Let me come to the point… what ….I have to say ….even the Loco Pilots in some other Divisions are denied sick leave even though they are unable to perform duties and even harassed more by sending them away from their HQ hospital to Chennai ,which deteriorates them mentally and physically …this was being told to me earlier when we two went for a check up at Chennai due to the recently developed health problems within a period of one year ,when he was forced to work trains in the latest Mail link in which the working hours were being increased along with excess night duties…recently he was fed up with the working…” Kavya was actually stunned...She was unbelievable with the narrations of Uma. She even doubted exaggerations….But the face of Uma, justified everything true.
Uma continued … “I hate the Railways… because of these atrocities I don’t know whether these things are being organized in the low rung level or by the silent permission of higher ups ...but my hus said me that this is being a
10.
contrivance which was being planned and implemented with the knowledge of higher-ups... if so it is highly injustice …Say if you are in my place what will be your opinion…I know well that my children are very young and they need an umbrella to shield them and they should be brought up to compete in the world of globalization and liberalization. For that I need a job …I know very well, but I fear the killer-meal of railways…I fear everything in the Railways…”
“Killer-meal…this is a phrase used in connection with Mahouts and their work…isn’t it Uma…You are saying that the meal your husband earned is also killer-meal…Uma I am having a doubt, train will be running always and you told that there are two persons on board and one only supposed to drive the train then how they eat their meal…?
“He told me several times regarding the long time wish of him to have meals at the prescribed time at the dining table as we take the meal with utmost pleasure …for which a normal human being works….he said me that it is a process of filling stomach by mixing everything together and throwing it in to the mouth within the time on running train with a small gap they got while in between stations within the time limit of four to seven minutes without chewing it as we do…and finally he was a prey for the diseases in connection with…. just as peptic ulcer and it latter developed to Hiatus hernia and latter not in a position to have food just like a human being….he always made a joke while at home that he is just like a herbivores “bull” that works always for the master and take food in hurry and grinds when it takes rest. But the provision of the second chewing and the four compartments of stomach for the bull are not available for him; he said this is one among the major differences... between the bull and the Loco Pilot...” Answer to the second doubt came first and she continued. “Certainly…. it is a killer meal and death meal...” Uma was not even a little bit confused …it is being proved by the death of my hus and he told me that there was a scheme of Voluntary retirement for Loco Pilots aged 55 years and above in the account of safety that the reflexes of persons aged above 55 is coming down and they become psychosomatic at this age and they are being made a chance to retire voluntarily…my question is that they maintain even “A- ey One” medical fitness through out their service and why they only become psychosomatic and looses their reflexes unless all other category employees serving the Railways can even work up to 70 years or more and a number of die in harness and unfit in this category only….You know madam there are a lot of cases of death and medically
11.
unfit in this category…especially recently after the implementation of the new Mail Link… people are dying on a snails pace because of the fear psychosis generated by the immediate officers and to my observation the latest accidents must be read with the factor of this fear psychosis which compelled almost all Loco Pilots and Assistant Loco Pilots to neglect the stipulated rules and regulations in connection with safety on hold…” Uma become more tempered and being heated up inviting the attention of kids and passer by passengers... “See… Kavya, I told you earlier that my husband become more and more embarrassed and shrunk himself in to the shell and became more and more introspective and become very much tired and was affected badly with serious health problems... Any how after we had the two kids he was being promoted as a Passenger Loco Pilot…
“You got little more chances to enjoy the life after his promotion isn’t it Uma”…?
“Where... After that his conditions become more worst just like the proverb” -“Misfortune never comes alone”- It was not like goods traffic... there is a certain shape in working Mail/Passenger trains which is being called as link which are made within the particular Division prior to his promotion and it become the worst one after he got promoted…longer working hours… longer night duties… less rest at HQ and at out station…disturbances through out night... he become old in looking…hypertensive…diabetic…become an angry person to me, kids and every thing in and around…lost smartness in everything…I was forced to take more care in the studies of kids….at a distant place of alienation from native I was over exploited because of his non availability at home…I was also affected with a number of health problems, since I was forced to wander hither thither in the congested streets for every thing .. He become a blue moon visitor to home and always look more tired and took more and more time for sleeping …”
Kavya raised another doubt “ See Uma in normal cases, if one person is subjected to night duties on a regular measure, as per the studies made in foreign countries by some medical experts it is came to light that the chemistry and biology of the body resonated with the changes and easily afford with on the second day onwards and you are saying that your husband was being utilized in night duties permanently and as it is narrated above his physique will certainly cope up with the changes isn’t it?...
“Yes I had also gone through such study reports…you are telling about a person who is subjected to night duties on a permanent measure and the
12.
night duties are happened to be starting at 21:00 Hrs or 22:00 Hrs, whatever it may be on a regular measure.. Isn’t it …”waiting for a second for the reply from Kavya, Uma continued. “This is not such a thing ...These people are called in deferent times at night... in one day at 22:00 Hrs night on the other day 00:00 Hrs night and on the next day 02:00 Hrs night and when they reach the other end they are being given a rest equal to the working Hours at the maximum of 08 Hours…in certain cases they are denied all the fruits a common worker enjoys as HQs rest ,normal rest without giving the mere mercy that they are the Pillars of the Railways which brings it maximum profit…virtually by squeezing them and even their family. Neglecting these facts they were hunted and even brutally penalized for no causes or scanty reasons as an easy prey for every Carnivorous hunter. They are just like medieval slaves and the authorities are acting like medieval rulers…”Uma heated up very badly emphasizing the grave things she faced in her life along with her husband. They are only fond of having profits... profits only…. moving the roller of power over the poor employees. I can’t even digest for whom they are gathering the wealth which will disappear in an earth quake with a magnitude of 6.5 in Richer scale…and everything they achieve by squeezing the blood of poor will not remain stable. He told me several times that the administration is very adamant in not filling the vacancies but they are very much lavish in spending from the exchequer of common populace for construction and renovation works. I earlier told you …na… he become old in a short span when he started working in the Mail link.. Become hypertensive and diabetic …started the problems of Peptic ulcer and urinary problems... audibility and vision problems...even in almost all trips I gave food parceled but they were not in a position to have food in time and not even having the freedom to urinate... since no such lavatory is provided in the driving cab and there were trains with 6 hours journey without stopping…
“Oh… it is alarming ...there were no lavatories in the engine cab… then how!!!…really terrific…”Kavya opened her mouth wide.
“See Kavya, in one fine morning he was being called for a passenger train EMU … while he was about to leave I fainted and fell down and he become in total trouble and at 04:00 Hrs in the morning he awakened our elder son Jithu and he went for working train …with a deep cry in the mind of throwing me in this condition and myself managed and latter went to hospital by the help of the neighbor family…keeping the two children alone at home…He was very much worried that there is no alternative other
13.
than that for him to do.. raising to the need of the situation he went for working train…there was a clear apathy from the administration that such a person when failed in rectifying a trouble in the loco motive which he said that was not possible to rectify in enroot in between stations depending on a number of facts, was penalized for a cause not on his account.. If I am pulling on I have a lot to say Kavya….I never felt easy when he was working trains…each day when he goes for train working and till the time he reaches back home I was really on the horns of a bull…when he reaches home also I was at a fear about him since in the last days of him, he was very much sensitive to each and every thing as he was controlled by some evil spirit…even though I don’t believe in…” Uma stopped talking with a sigh…
It was then Kavya’s turn… “My dear new and everlasting friend…You revealed a lot of treasure to me which were being hidden for years together. As a human being with the same sensitivity I admire you in your fights to live in a most vulnerable and affliction stage by pulling through the micro society in which nobody cares others other than their kids and wife, even forgetting their own parents and running to gather wealth. You can do a lot of things as a lady of differences with keeping humanity in mind. I cordially invite you to join our front. We will fight out the evils and it is my strong opinion that you must stick to the job which you deserve on compassionate ground. You are able to pull on, since you are educated and you are having more experiences…Fight every thing from inside. You said that Railways is an Augean stable. We have to fight the spreading menaces – the cancer from inside to out and preserve it as a National wealth which should not be lost. As our Honourable Minister said, there must be some Human face in everything .Isn’t it what do you say?...” Uma was not in full harmony with the statement…even though she nodded her head.
“See, Uma you are having a strongly built mind, with full of vengeance in your mind. In my perspective it is a small fire...It is your own prime duty to make it a large one…make it a wild fire to burn the hurdles around. Just as the Kannaki who burned Madhura from her vehemence…you are just like Kannaki.. You are a symbol and icon of sacrifices just like our thousands of freedom fighters who sacrificed their lives in the altar of our freedom fight and fetched freedom for us .You fought your tooth and nail for keeping a person steadfast who drove our Nation to prosperity forgetting all his personnel woes…what I have to say...The sacrifice you did

14.
is precious than anything... the most precious…”There was little wet in the eyes of Kavya… “Come and join us...We will fight it out…you don’t think
that you are alone... We have to peel out the veil and show the dirtiest face of the bureaucrats before this world and to reveal the actuality to the real owners...the people of India. I strongly hope, that a day will come...Hope for the dawn of the good sun…in my logic I call it the red sun…in a world, all children eat food...in a world all get shelter, all get medical aid food and water…a world without barriers of caste, creed, religion and race…a world in which our kids play as one kid..In a world without jealous and hatred, in a world without war and crime and so on Uma... so on…. Uma you gave a nice company. Keep this card with you and call me after taking the challenge of joining Railways again as an employee. So far you fought from outside. From tomorrow we will fight it together along with the millions from inside… when we see the next time you must hold a post in…any how I took this opportunity with your esteem permission my comrade, that I will write your story soon …as a story of sacrifice of a lady and I recall the hymn -“MAANISHADA”- no…no hunter you leave the twosome birds…don’t kill them…let them live together just like you-” to the some of the savage rulers who on a snails pace snatched away your husband from you”. Kavya gave her visiting card to Uma. She nodded her head agreeing Kavya’s suggestions.
“Shalu… come it is time for us to get down...”.Shalu said good by to her brothers and waved her hands when they got down at Coimbatore…
“Wish you a happy journey...” Kavya said the formal words of farewell.
“See you MaanishaDA …I will call you definitely ...I assure that I will also a link in your chain in fighting the common causes of humans to live as Humans” Uma become hardened to fight things…
Maanishada and Shalu vanished in the masses….

[Note:-This story is quite imaginary …resemblances are accidental]

Sunday, November 1, 2009

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT CHENNAI
Friday, the 31st July, 2009
Present : A. N. JANARDANAN (Presiding Officer)

BETWEEN
The Secretary, All India Loco Running Staff Association, Madurai - 1stt Party/Petitioner union

Vs

1. The Divisional Railway Manager, Madurai- 1st Respondent
2. The Sr. Divisional Mechanical Engineer, Madurai- 2nd Respondent
3. The Divisional Personnel Officer, Madurai- 3rd Respondent



A W A R D

The Central Government, Ministry of Labour vide its Order No. L-41011/29/2007-IR(B-1) dated 01.01.2008 referred the following Industrial Dispute to this Tribunal for adjudication.

Brief explanation

Dearness pay (DP): This was one of the recommendations of the 5th pay commission. When DA exceeds 50%, it must be separated from DA and merged with the basic pay. Consequently DA touched 62% i.e. in 01/04/2004 ,50% of DA was separated and termed as Dearness Pay (DP)

AILRSA/MDU represented this matter at ALC/MDU (Asst. Law commissioner). When railway administration was not willing to set right the anomaly, this case was referred as an industrial dispute to honorable CAT/Chennai for adjudication by ALC/MDU.

Industrial Dispute No.1/2008.

Finally after a long battle the honorable CAT /Chennai passed orders in our favour on 31st July 2009.

Point No 3

On this aspect argument on behalf of the petitioner is that Dearness Pay being portion of Dearness Allowance decided by the Govt. to be treated as Dearness Pay, the same shall be reckoned as pay for such purpose as are specified by the Government from time to time and for no other purpose Vide Rule 1417 of the Establishment Code and Railway Board’s letter No. PC-V/2004/A/DA/1 dated 11.03.2004. It is also contended that in the wake of letter no. PC-V/2004/A/DA/1 dated 21.12.2004 stipulating for adding 25% of Basic Pay called as NPA(Non-Practicing Allowance) to calculate Dearness Pay as well to add 25% Basic Pay + Dearness Pay to calculate Dearness Allowance, denying similar treatment to the Running Staff is discriminatory. As against this, the contention of the Respondent is that as per the instruction of Railway Board under letter no. E(P&A)II-2004/RS-13 dated 30.06.2004 and conforming to Para-903 of IREM, only 30% of Basic Pay is to be pay element in the Running allowance for arriving at Dearness pay and for calculation of Dearness Allowance. Claim for calculation of 30% of Dearness Pay for Dearness Allowance is not with any support of a rule Under clause (clause-III) of Rule-1303-FR-9-21(a) i.e. “emoluments which are specially classed as pay by the President only Basic Pay alone classed as pay and not Dearness Pay. Merger of Dearness Allowance is also policy decision of the Government. There is no specific provision in the manual to treat 30% of Dearness Pay for computation of various benefits to the Running Staffs.

The above arguments on behalf the Respondent also do not seem sound and reasonable. The contention of the petitioner is that there is unlawful denial of wages when the pay element viz. 30% of Basic Pay is not reckoned for calculation of Dearness Allowance. The pay element being 30% of Basic Pay should be treated as Pay for reckoning various benefits including Dearness Allowance. That there is no specific order or rule to that score is the shield of argument wielded by the Respondent. It is argued that pay element would fall under emoluments classed as Pay by President and that Dearness Pay has not been so classed as pay by the President. It is under Government decision in the wake of 5th Central Pay Commission Report that the merger of Dearness Allowance equal to 50% existing pay with Basic Pay emerged. it is in the absence of a corresponding change in the IREM provision to the effect that 30%of Basic Pay in the case of Running Staff should be treated to be in the nature of pay for specific benefits that the Respondent opposes the claim of the petitioner. Whatever be the arguments against the treatment of pay element also as pay for calculation of Dearness Allowance one thing is certain that unless part of pay is also reckoned for calculation of Dearness Allowance there would be unlawful erosion of wage resulting in wage reduction to the peril of workmen which mischief being only latent then would not have been thought of for being avoided due to lack of the required advertence, diligence and caution so as to be an omission not deliberate. Had it be properly adverted to such an omission could not have happened. Logically, it could not be conceived as a well thought out decision avoiding all infirmities or those possible to be attached to it. So viewed in advertent non-mention or the occasioned omission to include it as pay for the purpose of calculation of Dearness Allowance cannot be characterized as the absence of an existing right which as argued by the Respondent cannot be agitated, it being nonest, which contention is not sustainable. The argument that the claim is undue or is an unintended right also has to be understood as fallacious. It cannot be straightaway said that the said benefit was not intended at all. The only thing is that such a benefit had not been adverted to. Normally a Dearness Pay is to treated as pay for all purpose. There is no reason why there should be a departure from the normal rule. Logical reasoning and transition of thought in the right sequence cannot but approve the said propositions. There is no question of granting an allowance, say, a new one on the resolute of anybody. Apparently, the merger of Dearness Allowance equal to 50% of existing Pay with Basic Pay being later concept, the question of Dearness Pay being considered and relevant provisions being enacted touching it wherever necessary would not have been on the alert and there by consequently entailed in making no relevant provisions as to that is only natural. That could possibly be the reason for values rules or executive directions having been conspicuously absent on the aspect. They are apt to be only omissions. Such innocent omissions are not to be read as creating as a vacuum with uncertainties or ambiguities. It is also good remembering that statutory rules cannot be fettered by any executive orders.

The above bottom line consideration take me to the irresistible conclusion non-calculation of Dearness Allowance in accordance with Running Allowance Rules, 1981 is not justified and it is found so.


Highlight of the CAT order

“ whatever be the argument against the calculation of DA. One thing is certain that unless that part of pay is also reckoned for calculation of DA , there would be unlawful erosion of wage resulting in wage reduction to the peril of workmen, whish mischief being only latent then would not have been thought of for being avoided due to the lack of the required advertence, diligence and caution so as to be an omission not deliberate”

“ the agreement that the claim is undue or is an unintended right also has to be understood as fallacious. Normally a DP is to be treated as pay for all purpose”

“it is also good remembering that statutory rules cannot be fettered by any executive orders”

Comrades we are thus eligible for arrears from 01/04/2004 to 01/08/2008.

The rigorous fight against injustice by AILRSA/MDU and Com. R Soundara Pandian( Ex. South Zone Secretray )is highly appreciated.

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