Representation submitted to CRB on 23.02.18

To 

THE CHAIRMAN, 

Railway Board,  Rail Bhavan 

New Delhi 

Respected Sir, 

Sub: Representation on the grievances of Loco Running staff -Reg 

This Association wish to represent the following grievances of the Loco Running Staff before your esteemed self for an appropriate decision to redress them. 

1. Fixing running allowance rate applying the RAC 1980 formula. 

In the year 1981 the Ministry of Railways accepted the recommendations of the Running allowance Committee 1980 and in that one of the major recommendations was the methodology/formula to work out the rate of Kilometerage Allowance as and when there vision is under taken. 

The methodology/formula which consists of (A) Pay Element,(B)Travelling Allowance, is as follows. 

(30% mean pay of Passenger driver + 20 days TA) X 100 

__________________________________________________________ 

National average kilometre of Passenger driver 

All the pay commissions there after i.e, the IV CPC, V CPC, VI CPC recognised and approved the formula without any change. The VII CPC also recognised the formula; vide para no. 08.11.9 of its report. All these pay commissions recognised this allowance as an incentive for motivating the running staff to work and earn their pay element, besides compensating the staff for their out of pocket expenditure incurred on account of their out of headquarters working/stay. It is also recognized universally, by various CPCs and committees that the nature of work performed by the running Staff is extraordinary, which subject them to the severe stress and strain when compared to the duties of non-running Staff. 

While implementing the pay scales and allowances in IV, V and VI CPC, the RAC 1980 formula has been applied to arrive at the rate of KMA, except that an Aberration took place at the time of VI CPC, because the Railway Board unilaterally fixed the kilometerage allowance rates assuming that the Government would double the existing TA/DA rate from Rs.105 to Rs.210, without waiting for the notification of the actual revised Travelling Allowance Rates. But, the TA rates has been raised by the Government from Rs.105 to Rs.340 which is an increase of more than 3 times and the benefit of this increase in TA Element is deprived to the Running staff, since the same is not taken into account for determining the KMA Rates. We have made several representations against this injustice, demanding to revise the KMA Rate duly taking into account the TA Element at the rate of Rs.340, but to no avail. The grievance to recalculate the KMA rate with the correct TA rate is still pending before the Railway Board. 

After the implementation of the VII CPC, in order to fix the rate of KMA, a Committee has been constituted to discuss the issue with the staff side. A meeting has been held on 4th and 5th January 2018 with the staff side. The points raised by the Railway Board in this issue has been replied vide our letter dated 24.01.2018 addressed to your good self, which is marked as Annexure (A). The recognised federations also sent their objection letters dated 07.02.18 addressed to the Secretary (E), Railway Board. 

It is worthwhile to mention here and necessary to bring it to your kind attention and consideration that, 30% pay element is classified as “Pay” of the running staff by the President of India under Article 309 of the Constitution of India and incorporated in the Statutes IREC 103(35), IREC 1303 etc. Further, under the statute, this 30% pay element is defined as pay for the purpose of computation of KM Allowance. However, the official side, is contemplating consistently to destabilize and dilute this rule in order to curtail the legitimate rights and emoluments of running staff. These attempts are not in the interest of harmonious industrial relations and tantamount to an unfair labour practice and not at all acceptable to the running staff and unions. The view expressed by the committee on behalf of management is unrealistic, illogical and against the factual position that prevails now. 

We therefore earnestly request your intervention into this matter to prevail upon the official side to honour the statutory provisions of 30% pay element plus 20 days Travelling Allowance for revising KMA Rates as per RAC1980 formula and protect the interest of running staff of Indian Railways. 

2. Discrimination in allowing weekly rest 

High Power Committee on duty hours and rest has recommended to allow 40  hours weekly rest for Loco Running Staff, in line with ILO Convention. The ILO  convention says that Daily/Trip rest and Weekly/Periodical rest should be  independent of each other. The Railway Board sticks to 30 hours Periodical rest.  The 30 hours is calculated from sign off, depriving them with the trip rest of 16 hours along with weekly rest of 30 hours. 

The Regional Labour Commissioner (C), Bengaluru, vide order no. 95/01 /2000-B2 dated 22/10/2001 declared that the trip rest of 16 hours and the weekly rest should be independent of each other, and should not run concurrently or overlap each other. The said decision reached its finality by the Judgement of Hon. High Court of Karnataka in WPNo.6607/2010 dated13/04/2012, still this has not been implemented by the Ministry of Railway. 

It may please be noted that entire employees, whether they are under Government service or in private/informal sector are allowed with a day’s rest on the 7th day of the week. They break off duty at 17 hours on Saturday and enjoy one day rest on Sunday and resume duty at 9hours on Monday that works out to 40 hours weekly rest. 

3. Eliminating Line Box of crew 

Vide RB order no. 2017/trans/01/Policy, dated 07.02.2018, the Railway Board directed the NR and SCR to provide trolley bags to running staff for eliminating the line box of Loco Pilot and Guard on a trial basis. 

In this connection we submit that the equipment prescribed for train working as per the GRS is measuring to15 to 20 kgs. Asking the Loco Pilot and Guard to carry this trolley bag as a Luggage is too harsh and unwarranted. If the Railway wants to eliminate the line box altogether, the equipments can be provided permanently in the loco. Instead of doing so, asking the crew to carry it is nothing but thrusting an unnecessary additional burden on the already over burdened crew. It is because; the crew is already carrying their personal belongings, while going for duty as they are expected to be out of HQs for more than 2 to 3days.Therefore the order may please be withdrawn. 

4. Revision of pension of pre-2016 retired running staff 

The Government of India, after the 7th CPC recommendations, has taken a policy decision for bringing PARITY in PENSION between the pre and post 01.01.2016 Retirees. The method of implementation was circulated through DOPT Circulars. 

The Government medical practitioners and the Running Staff in the Railway are entitled to add a certain percentage of pay to their basic pay to calculate the pension. In this regard, the DOPT orders apply to both of them equally, as they are similarly placed and the only variation is in the quantum of the percentage of add on pay. The Government of India made rules for revision of pension of pre-2016 retired government medical practitioners and the same was made applicable for the medical practitioners of Railways, mutatis mutandis. But, when it come to the revision of Pension of pre-2016 retired Running Staff, a new instruction has been issued by the Railway Board vide order no: RBE 13/2018, completely deviating from the prescribed method of calculation which is totally against the policy decision of the Government of India and a discrimination against the Running staff. This Association sent a detailed Letter dated 13.02.2018 addressed to your good office. A copy of the same is enclosed and marked as Annexure (B). 

The said Railway Board order may please be reviewed and the benefit of parity in Pension granted by the Government of India be ensured to pre-2016 retired Running staff, without any discrimination. 

When it comes to deal with any issue pertaining to Running Staff a negative 

Approach is taken. When all the staff are allowed with 8 hours duty, the Running Staff are destined to work for 13 hours; when all the staff are given with weekly rest of one day of 24 hours in addition to the daily rest of 16hours, the Running staff's weekly rest is of 22/30 hours and it is counted from the time when they "break off" duty, in the result, denying them of their trip/daily rest of 16hours.When all the staff were rostered to work one night at a stretch, Running staff are ordered to work 4 continuous night duties; while other category staff enjoys various higher levels in pay matrix, the Running Staff categories of LP Shunter, LP Goods, LP Passenger and LP Mail are mercilessly dumped in one and the same level6 of pay matrix and the ALP is kept in the lowest last but one level, virtually degrading them. When all the staff are extended with the pay commission recommended Rate of TA/DA, the Railway Board trying to abrogate these benefits to the Running Staff through the method of calculation of the KMA rates. 

The recalcitrant attitude of Railway Board drive the Running staff against the organization, create an aversion towards the management. These developments have serious repercussions in the Railway industry. Now, the Running staffs are put in full time surveillance as if they are unruly and undependable persons; cameras are provided in crew booking points, Running rooms and locos. No staffs other than running staff are subjected to such surveillances. Now the management is trying to lower the dignity of a Loco Pilot by asking them to carry all the equipments required for working a train in a trolley bag. Also, the administration is not leaving the running staff, even after their retirement too, as the official enthusiasm is apparent from their untiring efforts of devising ways and means, to deny the legitimate emoluments of revision of pension to the pre-2016 retiree running staff, by way of introducing a deceptive method of revision of pension. 

Thus, a strong feeling is cropping up in the minds of running staff that they are being dealt as ORPHANS at the hands of Railway Administration. This Association with high hopes pins our trust on your good office for an early redressal of the grievances and to dispel the smouldering discontentment among the running staff in order to ensure Safety and Productivity of Indian Railways. 

Thanking You Sir, 

                                                                                                                         Yours Sincerely, 

                                                                                                                           (M.N. PRASAD) 

                                                                                                                            Secretary General 

Station: New Delhi 

Date: 23.02.2018 

Encl: Annexure A and B