Press Note

AILRSA strongly protest against the attack on Sri R Elangovan Working President Dhakshina Railway Employees Union(DREU) Recognised Railway Trade Union of Southern Railway and Sri T Sabu,Working President, Nairuthya Railway Employees Union(NREU) a Registered Trade union at South Western Railway affiliated to CITU, during a campaign program at Diesel Shed Hubli (EMD Shed). NREU comrades were distributing notice on 28.04.11 to the employees about NEW PENSION SYSTEM. By around 11 hours some goondas under the leadership of Sri AM D Cruz, General Secretary,South Western Railway Mazdoor Union( SWRMU) came and beaten the NREU comrades in the presence of Deputy Chief Mechanical Engineer Sri. Deshpande and Railway Protection Force.

In a democratic country all the trade unions have rights to propagate their views and ideas. But SWRMU is trying to spread a undemocratic and goonda culture. AILRSA warn them to stop such activities in future.

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Interim order from CAT Chennai

DREU got an Interim order from CAT/Chennai directing payment of Death gratuity and family pension to the families of Employees who died after 01.01.2004 as per Railway Service (pension) Rules 1993.
for full text of order visit DREU web site.
www.dreu.org

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DREU Challenged NPS at CAT Chennai

New Pension Scheme for railway employees challenged

The new pension scheme introduced by the Union Government for railway employees has been challenged in the Madras Bench of the Central Administrative Tribunal.

An employee of the southern railway and Dakshin Railway Employees Union (DREU) have challenged the scheme terming it unconstitutional and invalid.

According to the new scheme, employees appointed on or after 01.01.2004 in the Railways would be governed by the new pension scheme which would be governed by 'Pension Fund Regulatory Development Authority' which would function under the overall control of Ministry of Finance. According to the new scheme, 10% of Pay and DA of an employee would be deducted and an equal amount would be contributed by the central government.

The entire pension scheme is being authorized through various executive orders, which cannot be done to govern the retirement benefits of government employees which has to be in tune with Articles 41 to 43 of the Constitution, alleges the application. The notifications issued by the government constituting PFRDA dated 10.10.2003 and 14.11.2008 are unconstitutional, as they have not been issued by the President of India and authenticated as required under Article 77 of the Constitution and the ordnance sanctioning this also lapsed in 2005, which renders the entire process without authority of law alleges DREU in its application.

The new pension scheme, which is mandatory to government employees curtails them from exercising any option said V. Daniel, a Helper in Southern Railway. According to the New Pension Scheme, any citizen of India can join the Scheme and they can choose their Fund Managers or opt for different schemes whereas no such option is available to government servants.

The application also raised serious apprehension over the way in which their funds are being exposed to market risk and they cite the risk clause in the offer document of the NPS which says that "there are no guarantee on investments and investments involve risks such as trading volumes, settlement risk, liquidity risk, default risk, including possible loss of principal'. The application also cited the statement of PFRDA Chairman that pension fund managers regulated by PFRDA are not giving minimum guarantee on returns in their products.

Besides seeking quashing of the notification and grant retiral benefits to all employees on par with those who joined prior to January 1994, the application sought an interim injunction against the notification and also to release family pension and gratuity to certain employees who died after the introduction of the new scheme.

The matter came up before the Madras Bench of the CAT comprising Members K. Elango and R. Satapathy. Counsel R. Vaigai advanced arguments on behalf of the DREU and highlighted how the funds of the employees are being entrusted with private players and are subjected to undue risks. She also apprised the Bench that the government as an employer cannot transfer its funds to a private player and expect him to discharge government's obligation.

After hearing the arguments on behalf of the applicant and of the central government, the Bench ordered interim relief directing the railway authorities to offer gratuity and family pension to all employees who joined after January 2004 within four weeks from the date of application and posted the matter for June 1.

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Pass rules clarification-CPO letter

Central Railway General Managers Office

Personnel Branch

Chathrapathi Sivaji Terminus

Mumbai

No. HPB/21865 –T/Policy

Dated 01.03.2011

Sub: Issue of Ist Class Pass to Running Staff

In terms of Para 3.23 (d) of Railway Boards letter dated 17.07.1981,

30% of the basic pay of running staff can be taken into account for deciding entitlement to passes and PTO”S & such individual members of the running staff who are already entitled to a higher class of Pass / PTO on regular basis as on 31.07.1981 will continue to be eligible to such passes/ PTO”s . Further Board vide letter No.E (P&A) 11-2005/RS-34 dated 26.12.2008 have reiterated that the pay element in Running allowance for running staff would be 30% of the basic pay under the Railway Service (Revised Pay) Rules 2008 for computation of the specified benefits.

Consequent upon revision of pay scales on the basis of decision of the Government on the recommendations of the 6th pay commission, Railway Board vide letter No.E (W)2008/PS-5-1/38 dated 06.01.2011 have issued instructions on entitlements of passes/ PTO”s in respect of Railway Servant drawing pay in the Railway Services (Revised Pay) Rules 2008, which has been circulated to all concerned vie this office letter of even number dated 10.01.2011

In terms of Boards instructions dated 17.07.1981 mentioned above, it had been decided that the entitlements of this higher class of privilege pass/ PTO/duty passes of running staff of both operating and loco may be arrived at after adding 30% running allowance to their Grade Pay.

This issue with the approval of the competent Authority.

ONIMA KORTA

Asst Personnel Officer

For Chief Personnel Officer

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CWC

Notice for CWC meeting on 29^th, 30^th May 2011 in AILRSA’s Office at Ghaziabad

The meeting of CWC is hereby called at Ghaziabad in AILRSA office on 29^th, 30^th may 2011, starting from 14 Hrs. of 29^th May 2011. The meeting is scheduled as under:

On 29.05.2011 - from 14 Hrs to 19 Hrs.

(Without Break)

On 30.05.2011 - From 10 Hrs. to 14:30 Hrs

(Without Break)

Com, will make their reservation for Up / Dn. Journey accordingly to enable themselves to be present in the meeting. All the CWC members are requested to make their convenience to be present in the meeting treating it as most important.

Agenda:

1. Review of implementation of Past Program Organization position and our task.

2. Next course of action, in view, of letter of Ministry for Labour.

3. M / Ship, CQ, levy for Khurda Road Division in East. Coast. Railway.

4. Central BGM

5. Any other subject with the permission of chair.

(M. N.Prasad)

Secretary General

AILRSA

Note:-

Com,

Being fully discussed the Organization position, mental condition / preparation of workers and possible next course of action of the different levels in your Zone, you please come to attend the CWC meeting which may help us to draw a appropriate line of action.

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CWC

AILRSA CWC Meeting at Ghaziabad on 29 and 3o May 2011.

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AILRSA-SWR BGM

All India Loco Running Staff Association (AILRSA) South Western Railway Zonal Biennial General Body Meeting held at EMS Bhavan, Yeswanthpur on 08.04.2011. Welcomed by Sri. R Surendran and presided by Sri A Jayachandran.

Conferences was Inaugurated by Sri MN Prasad, All India Secretary General, AILRSA.

Sri VJK Nair, All India Vice President CITU, delivered Key note address.

Sri L Mony, Central President AILRSA, Sri. KC James, Central Assistant Secretary General, Sri MM Roly, Central Organising Secretary, Sri G Rajan, Ex Central Vice President and Legal Advisor of NREU, Sri Geomy George, Zonal Secretary, Southern Railway were addressed the Conference.

Sri C. Sunish, Submitted working Report and K Rajesh submitted treasurer report, conference after discussion passed both.

Vote of thanks by Sri D Rajkumar.

New office bearers elected.

President : Sri.SD Arnold, Hubli

Working President :Sri.R Surendran,LP Mail, Bangalore

Vice Presidents : Sri T Sabu,LP Goods, Hubli

Sri. Joshil.CK ,LP Goods, Hubli

Sri P Easwaran,LP Goods, SGT ,Bangalore.

General Secretary : Sri .C.Sunish, LP Passenger, Bangalore

Organising Secretary : Sri K Nishad, LP Goods, Vasco depot, Hubli.

Joint Secretaries :Sri. Dixith AK, Sr.A L P, Hubli

Sri.Pankaj Kumar, LP Goods ,Hospet

SriS.K. Swanakar, LP Goods, Arsikere

Treasurer : Sri S Jagadeesan, LP Passenger, Bangalore

Internal Auditor : Sri. KV Shajimon, LP Goods, SGT, Bangalore

Zonal Executive Committee Members

1. Sri. Sunil.M ,LP Goods,Hubli

2. Sri. Sanjai Atota, LP Goods,Hubli

3. Sri. KR.Janardhana , LP Passenger, Bangalore

4. Sri. Eric Rodriguez, LP Mail, Bangalore

5. Sri P Nagaiah, LP Mail, Bangalore

6. Sri Rajendra Raju, LP Goods, Hospet

7. Sri N .V. Priyesh, Sr A L P, Hubli

8. Sri.P. Ramesan, LP Goods, Sakleshpur, Mysore

9. Sri ML Meena, Sr ALP Hubli

10. Sri Kumaravel, LP goods, Hubli,

11. Sri Palash Ghash, ALP,Hubli

12. Sri KT Achari, LP Pass, Hubli

13. Sri PK Sajeev, Sr ALP, Bangalore

14. Sri Geoge Pentaleon, LP Goods, SGT

15. SriV. Vipin, ALP, SGT

16. Sri N Mallikarjuna, LP Shunter, Bangalore

17. Sri B N Singh, LPGoods, Harihar..

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SWR BGM

All India Loco Running Staff Association(AILRSA)

4^th South Western Railway Zonal Biennial

General Body Meeting

On 08.04.2011 from 9 hrs.

At EMS Bhavan,

Near to ISKCON Temple, Yeswanthpur,

Inauguration: Com. MN Prasad, Secretary General AILRSA

Chief Guest: Com. VJK Nair, All India Vice President, CITU

Speakers:

Com. L Mony, Central President, AILRSA

Com. KAS Mani, Central Vice President, AILRSA

Com. G Rajan, EX CVP AISMA, Legal Advisor, NREU.

At 16 hrs:

Formation meeting of Reception Committee

All India Conference of AILRSA

Proposed to conduct at Bangalore

In May 2012.

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Latest Development-RLC letter.

No. 1-41011/128/2010 IR, B New Delhi, 24.03.2011

Government of India / Bharath Sarkar

Ministry of Labour

To

(1) The Deputy Director Estt. IR,I

Ministry of Railways, Railway Board

Rail Bhavan

New Delhi

(2) The Secretary General

All India Loco Running Staff Association

AILRSA Bhavan, No.333

Ghaziabad, UP

Sub: ID between the Secretary General, All India Loco Running

Staff Association and the Management of Railways

Sir,

I am directed to refer to the failure of conciliation report No. ND X (17)/2009-PA dated 01.11.2010, from the Regional Labour Commissioner (C) New Delhi received I the Ministry on 18.11.2010 on the above mentioned subject and to say that prima facie this Ministry does not consider this dispute fit for adjudication for the following reason.

“Most of the demands raised by the union are under active consideration by the management. The union should wait for the decision of various committees”.

Yours faithfully

(Ramesh Singh)

Desk Officer

Dear Comrades,

You may please find enclosed herewith, the copy of a letter dated 24.03.2011 received on 31.03.2011 from Ministry of Labour in response of our representation for sending our case to Industrial Tribunal, which clearly reflects their stand. This decision as reflected in the letter appears to be taken under the influence of Railway Administration going back from the assurance which has been given to us by the Ministry. However, it once reflects our case has a sufficient justification. However, I am sending a protest representation to Ministry of Labour requesting to limit the time may for a month to finalize our case.

In view of above development, I would like to suggest that the program of 6^th April 2011 should be changed from Hunger Strike for 24hrs to Mass rally at Divisional levels and memo to be submitted to the Chairman Railway Board, through respective DRM copy to Hon’ble Minister for Labour, Shram Shakti Bhawan, New Delhi copy of the memo is also sent herewith.

The letter of Labour Ministry should be well circulated amongst staff for their information.

Your’s comradely

(M. N. Prasad)

To,

The Chairman,

Railway Board,

Rail Bhawan,

New Delhi

Sir,

Reg: - Addressing our grievances which were under conciliation through RLC (C) New Delhi for about one year and conciliation end with failure

Ref: - Letter of Dated: - 24.03.2011 from Ministry of Labour to Ministry of Railways and Secretary General / AILRSA in concerned with above.

As we came to know form above referred letter of Ministry for Labour as well as from RLC (C) conciliation’s proceeding on the different dates, the Railway Administration all along maintaining their stand that our grievances are under active consideration by the management and the Union should wait for final decision of various committees.

Sir, the Loco Running Staff are eagerly and patiently waiting for a final decision on their genuine and justified demands for a long period i.e. all most all for one and half year or more but still a final decision is yet to come and on the other hand the Loco Running Staff further discriminated badly on the matter of MACP, safety related voluntary retirement scheme and selection procedure of Loco inspectors, In detail representation on this matter have already been submitted centrally.

Sir, the Loco Running Staff of Indian Railway proved beyond any doubt that they are very interested to maintain Industrial peace and productivity in the Railway, despite of huge vacancies, short of cadres but due to this abnormal delay in settling the issues now they are loosing their patience.

I therefore on behalf of the AILRSA / ……………… Division request your honour to settle the issues to the satisfaction of Loco Running Staff at an earliest latest within a month to maintain a cordial Labour relation.

With thanks,

Yours faithfully

( )

Divisional Secretary

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