Memorandum submitted to RLC

BEFORE THE HON’BLE REGIONAL LABOUR COMMISSIONER (CENTRAL) 4TH FLOOR, JEEVAN DEEPO BUILDING, PARLIAMENT STREET, NEW DELHI – 110001
All India Loco Running Staff
Association (AILRSA) : Workmen
Vs
Railway Board : Opposite Party


Sir,

In the matter of “Sit in Fast” programme at Jantar Mantar, New Delhi on 25th / 26th November 2009 by the Members of the AILRSA


The all India Loco Running Staff Association (AILRSA) is in receipt of a copy of the letter bearing No. E (LR) II / 2009 / STI – 7 dated: 25.03.2010 submitted by Dy. Director, Estt. (LR) III addressed to Sri B. B. Bhatnagar, Regional Labour Commissioner (Central), New Delhi – 110001. The said communication dated: 25.03.2010 by the Railway Board is with reference to the proceedings held by the esteemed RLC (C) on 15.03.2010 in the matter of the demands raised by the Association (AILRSA) during the “Sit in Fast” programme proposed on 25th / 26th November 2009.
In the communication dated 25.03.2010 abovementioned, the Railway Board has referred to the existence of the permanent negotiating machinery, departmental council under JCM etc. It is humbly submitted that the existence of these bodies intended for peaceful settlement of the grievances of the employees in the open line but have always not been to the satisfaction of the various categories working in the open line like the Loco Running Staff for example. At any case, the rights conferred upon the AILRSA to raise the genuine grievances as per the provisions contained in the Trade Union Act 1926, the Industrial Disputes Act, 1947 etc. have not been taken away or annulled on account of the existence of formation of negotiating machineries in the Railway Organization. More-over, it will not be out of place to mention that the recognized Unions in the Railway has not occupied the position of sole bargaining against of Railway workers too. Therefore, the demands raised by the organization and the conciliation initiated by the esteemed RLC (C), New Delhi – 110001 is well in conformity with the provisions of the Industrial Disputes Act, 1947 and, therefore, cannot be questioned by the Railway management. The demands raised by the Association is under the consideration of the Railway Board and the same are at various levels of discussion before the different bodies including JCM as mentioned by the Railway Board, but it is again not mention specifically about the time limit of concluding the discussion and come out with a decision and at the same time the Railway Board has constituted the Fast Track Committee to consider the same, report of the Committee should be submitted with a time frame of two months i.e. within 15.04.2010 vide letter ERB – 1/2010/23/of dated: 12/13.02.2010, which in-fact Railway has not brought in to the knowledge of Hon’ble RLC (C) New Delhi through their reply of dated: 25.03.2010. It is pertinent to mention that since last one and half year we have been raising our grievances through different way and means. However, which remains as yet unsettled. However now the Railway Board is requested through your honour to come out with a decision on our grievances within the time schedule which has been given to Fast Track Committee i.e. by 15.04.2010. Sir, it is an appropriate to mention here that Prior to that a prioritize committee had been constituted under notification No: ERB – 1/2009/23/1 dated: 09.01.2009 to examine the question of horizontal / vertical relativities of pay within two months i.e. on and before 10th of March 2009. Had this Committee examined the question of relativity (Horizontal and vertical of ALP / LP (Loco Running Staff) with other category adequately / properly as represented by the Association, a major portion of the demands of Pay / GP would have been solved. However, this report has also not come out although one year has passed. A true copy of the said order dated: 12.02.10 / 15.02.10 and dated: 09.01.2009 respectively issued by the Railway Board are enclosed herewith for the immediate reference of the esteemed RLC (C). The anomalies Committee which has been mentioned by the Railway Board stands irrelevant in this case if its terms and reference is taken into the consideration.



Sir, the submission of the Railway management that the issue of Grade Pay is beyond the competence of Railway Board Can’t be agreed. The Railway Board itself constitute Fast Track Committee with Railway Officials to consider all these issues raised by the Association including the GP which itself indicate their competence to decide the issue of GP. In-addition the Railway Ministry is an immediate and principle employer of ours and it is their concern to consult the competent authorities to solve the issue of GP. It will not be out of place here to mention that prior to 26.03.2010, they never raised the issue of their competency rather on the other hand on 13.03.10they have submitted that some issues are considered and others are under active consideration. In view of the above fact the management version on the issue of GP can’t be agreed. It is only urged upon to see that the report of Fast Track Committee should be submitted as scheduled and our grievances are solved favourably and adequately.
All these facts indicate that the opposite party management has no case that the demands raised by the workmen Association (AILRSA) are untenable and on the other hand it is their case that the issue is under consideration at various levels, suggesting thereby that a result is likely to come forth within a short span of time {as indicated in the order dated 12.02.2010/15.02.2010 ( ibid)}. In the circumstances, noticing the reply filed by the Railway dated d25.03.2010 and also the order dated 12.02.2010/15.02.2010 constituting Fast Track Committee, further discussion in the matter can be kept in abeyance for the time being with a direction to the opposite party Railways to finalize the process of discussion and to arrive at a just decision settling the grievances raised by the AILRSA within a time limit as set for Fast Track Committee i.e. 15.04.2004.
It is also prayed that the management to be directed to give an opportunity to representatives of the Association to have their say before a final decision is taken by the Railway Board on the different issue as raised by the Association.
We also pray that appropriate order be passed as submitted above giving liberty to the Association to revive the demands if so warranted at a latter stage, in case a decision of the Railway Board is not satisfactory.


Yours’ faithfully

( M. N. PRASAD)
SECY. GENERAL
AILRSA