Saturday, 20 August 2011
Monday, 15 August 2011
Oral Evidence to HPC on HOER
Memorandum to High Power Committee on HOER
Oral evidence before the High Power Committee on HOER
A six member delegation headed by Com. M.N.Prasad, Sec. General with Com. D.S. Koparkar, B.N. Baradwaj, R.K.Rana,M.M.Roly and R.Murali met High Power Committee(HPC) on HOER on 11.08.2011 and submitted a detailed memorandum. Chairman of the HPC Shri. D.P.Tripathi with members Shri.V.K.Manglik, Shri.M.S.Khan, Shri.Anil Kumar Gulati, Secretary to the committee and two officials from Rly. Bd. were present.
Chairman welcomed the delegation and assured an open mind towards the problem faced by Loco running staff in the issue of working hours and allied matters. Our Sec.General thanked the HPC for allowing us an opportunity to present the views of the Loco running staff.
Sec. General very effectively explained the issues which cause physical and mental fatigue to the Loco running staff such as higher speed, increased load, increased no. of signals, stations, gate signals, extended crew beat, multiple direction working, multiple train working, long hauled train working , working in different tractions, lack of standards in providing equipments like A9, SA9, speedometer etc., in the locos, provision of advanced gadgets like VCD, TPWS, ACD etc.
We also explained present order for train examination and certification by Loco Pilots en-route which increased the work load. Now-a-days due the introduction of advanced technology locos, the demand over Loco Pilots for attention and maintenance of locos in the case of trouble are very high which is at a level expected of from technical experts or engineering graduates.
On the above grounds demanded reclassification of Loco running staff as Intensive.
Association demanded, the HPC to travel in different types of trains/ sections and conduct a scientific job analysis which will prove the working of Loco Pilots in all types of Super Fast/Mail&Exp/ Passenger/ EMU/ MEMU and Goods train as Intensive. In the case of EMU/ MEMU/ DEMU trains besides Intensive classification, demanded one hour break in between six hour duty being a single man operation and for Mail & Exp/ Passenger trains, 5 to 10 minutes break as meal/ personnel need break, in the absence of toilet facilities etc. in the cab and as done even in Animals Act.
Association pointed out micro-sleep due to sleep deprivation as reasons for SPAD cases at lesser speed and thus demanded to restrict continuous night duties to the maximum of two with an interval of two days between them. We demanded minimum of 16 plus 2 hours (preparatory time) rest at Head quarters and 8 plus 1 hour(preparatory time) at Out stations. Regarding condition of running rooms, cubicles/two bedded rooms with AC facilities and quality food are demanded.
Limiting the absence form Head quarters to 36 hours in line with Rly. Bd. order, granting of 30 hours PR excluding minimum Head quarters rest eligible after each duty are also placed.Presently emergency clause in the rules is misinterpreted frequently. So we demanded to define Emergency clause clearly. As conclusion Sec. General thanked the committee for patient hearing and expressed willingness to clarify much additional points explained in the memorandum, if called for.
In reply, Chairman assured sympathetic consideration on all our issues, since Loco running staff being a sensitive and very important category. He informed that the HPC will open a Web site link in a week time for more interaction with staff.
Chairman also thanked the delegation for an in-depth presentation and constructive approach by the Association.
Discussion lasted for 75 minutes.
ALL INDIA LOCO RUNNING STAFF ASSOCIATION"
Oral evidence before the High Power Committee on HOER
A six member delegation headed by Com. M.N.Prasad, Sec. General with Com. D.S. Koparkar, B.N. Baradwaj, R.K.Rana,M.M.Roly and R.Murali met High Power Committee(HPC) on HOER on 11.08.2011 and submitted a detailed memorandum. Chairman of the HPC Shri. D.P.Tripathi with members Shri.V.K.Manglik, Shri.M.S.Khan, Shri.Anil Kumar Gulati, Secretary to the committee and two officials from Rly. Bd. were present.
Chairman welcomed the delegation and assured an open mind towards the problem faced by Loco running staff in the issue of working hours and allied matters. Our Sec.General thanked the HPC for allowing us an opportunity to present the views of the Loco running staff.
Sec. General very effectively explained the issues which cause physical and mental fatigue to the Loco running staff such as higher speed, increased load, increased no. of signals, stations, gate signals, extended crew beat, multiple direction working, multiple train working, long hauled train working , working in different tractions, lack of standards in providing equipments like A9, SA9, speedometer etc., in the locos, provision of advanced gadgets like VCD, TPWS, ACD etc.
We also explained present order for train examination and certification by Loco Pilots en-route which increased the work load. Now-a-days due the introduction of advanced technology locos, the demand over Loco Pilots for attention and maintenance of locos in the case of trouble are very high which is at a level expected of from technical experts or engineering graduates.
On the above grounds demanded reclassification of Loco running staff as Intensive.
Association demanded, the HPC to travel in different types of trains/ sections and conduct a scientific job analysis which will prove the working of Loco Pilots in all types of Super Fast/Mail&Exp/ Passenger/ EMU/ MEMU and Goods train as Intensive. In the case of EMU/ MEMU/ DEMU trains besides Intensive classification, demanded one hour break in between six hour duty being a single man operation and for Mail & Exp/ Passenger trains, 5 to 10 minutes break as meal/ personnel need break, in the absence of toilet facilities etc. in the cab and as done even in Animals Act.
Association pointed out micro-sleep due to sleep deprivation as reasons for SPAD cases at lesser speed and thus demanded to restrict continuous night duties to the maximum of two with an interval of two days between them. We demanded minimum of 16 plus 2 hours (preparatory time) rest at Head quarters and 8 plus 1 hour(preparatory time) at Out stations. Regarding condition of running rooms, cubicles/two bedded rooms with AC facilities and quality food are demanded.
Limiting the absence form Head quarters to 36 hours in line with Rly. Bd. order, granting of 30 hours PR excluding minimum Head quarters rest eligible after each duty are also placed.Presently emergency clause in the rules is misinterpreted frequently. So we demanded to define Emergency clause clearly. As conclusion Sec. General thanked the committee for patient hearing and expressed willingness to clarify much additional points explained in the memorandum, if called for.
In reply, Chairman assured sympathetic consideration on all our issues, since Loco running staff being a sensitive and very important category. He informed that the HPC will open a Web site link in a week time for more interaction with staff.
Chairman also thanked the delegation for an in-depth presentation and constructive approach by the Association.
Discussion lasted for 75 minutes.
ALL INDIA LOCO RUNNING STAFF ASSOCIATION"
Saturday, 6 August 2011
Rail fare structure needs review: CAG
Providing a detailed insight into the sorry state of Indian Railways’ finances, the Comptroller and Auditor General (CAG) has said in no uncertain terms that “there is a need to review the passenger fare structure” so that is in sync with rising prices. Passenger fares were last hiked some seven years ago.
In addition, CAG has also taken note of the railways’ “social burden” which has only led it to expand its network on uneconomical routes, which has again added to its financial woes.
In its report tabled in Parliament on Friday, CAG has said that “the way forward for IR (Indian Railways) to improve its finances is to rationalise bioth freight and passenger tariffs through some form of pre-determined non-discretionary inflation indexing”.
It would also like the railways to review and consider the possible closure of unremunerative railway line projects where there has been little progress over the years if these areas already connected by roads.
In another telling observation that will find most railways passengers nodding in agreement, CAG has pointed an accusing finger at the railways Tatkal booking system as well as its passenger reservation system (PRS).
In the case of Tatkal tickets, it has said their booking beyond business hours is “intentional bypassing of controls within the PRS by railway officials”.
It has also pointed out irregularities in the booking of tickets through PRS counters and “irregular bookings by reservation clerks, connivance of railway agents and booking clerks that defeat the purpose of the Tatkal scheme”.
On the losses incurred by the railways passenger and coaching services, these doubled over a five-year period.
It shot up from `7,141.69 crores in 2004-05 to `15,268.41 crores in 2008-09. CAG further wants: “This loss is likely to be much higher in 2009-10.”
Taking note of the huge losses, CAG has called for a review of the railways fare structure “to ensure that the pricing does not result in below the cost return.” It has, in fact, suggested the use of “inflation indexing” to “make the costing realistic”. In addition, it also wants freight rates rationalised.
The uneconomical routes that the railways is forced to ply trains too caused the railways huge losses over a five-year period (2005-10). According to CAG, the railways suffered a loss of `3,228 crores owing to this social obligations of the railways.
This, even though CAG in an earlier report had called upon the railways to close uneconomic lines. Unable to close them owing to reluctance on the part of state governments to allow this, the railways suffered losses of `1,198 crores on them in 2009-10.
In its report tabled in Parliament on Friday, CAG has said that “the way forward for IR (Indian Railways) to improve its finances is to rationalise bioth freight and passenger tariffs through some form of pre-determined non-discretionary inflation indexing”.
It would also like the railways to review and consider the possible closure of unremunerative railway line projects where there has been little progress over the years if these areas already connected by roads.
In another telling observation that will find most railways passengers nodding in agreement, CAG has pointed an accusing finger at the railways Tatkal booking system as well as its passenger reservation system (PRS).
In the case of Tatkal tickets, it has said their booking beyond business hours is “intentional bypassing of controls within the PRS by railway officials”.
It has also pointed out irregularities in the booking of tickets through PRS counters and “irregular bookings by reservation clerks, connivance of railway agents and booking clerks that defeat the purpose of the Tatkal scheme”.
On the losses incurred by the railways passenger and coaching services, these doubled over a five-year period.
It shot up from `7,141.69 crores in 2004-05 to `15,268.41 crores in 2008-09. CAG further wants: “This loss is likely to be much higher in 2009-10.”
Taking note of the huge losses, CAG has called for a review of the railways fare structure “to ensure that the pricing does not result in below the cost return.” It has, in fact, suggested the use of “inflation indexing” to “make the costing realistic”. In addition, it also wants freight rates rationalised.
The uneconomical routes that the railways is forced to ply trains too caused the railways huge losses over a five-year period (2005-10). According to CAG, the railways suffered a loss of `3,228 crores owing to this social obligations of the railways.
This, even though CAG in an earlier report had called upon the railways to close uneconomic lines. Unable to close them owing to reluctance on the part of state governments to allow this, the railways suffered losses of `1,198 crores on them in 2009-10.
(NEWS FROM deccan chronicle)
Thursday, 21 July 2011
Letter to CRB by AILRSA reg:HOER REVIEW COMMITTEE.
To
Chairman Railway Board
Rail Bhavan
New Delhi
Sir,
SUB : HIGH POWER COMMITTEE TO REVIEW HOER - DEFICIENCIES APPREHENSIONS – SEEKING MODIFICATIONS – Reg.
REF : NO. ERB – 1/2011/18 DATED 25.05.2011
At the outset this association welcomes the high power committee on HOER (HOURS OF EMPLOYMENT REGULATIONS) even though delayed by five years with some apprehensions and wish to bring to your esteemed attention, the deficiencies of the committee expecting remedial actions. This bureaucratic high power committee has been formed against the 14/2/06 JCM agreement and 2006 March strike conciliation with cabinet secretary’s assurance on judicial review of HOER.
AILRSA South Western Railway Zonal committee discussed the decision of appointing a High Power Review committee on Hours Of Employment Regulations (HOER) by Railway management and found the following deficiencies.
1. Among the four members in the committee there are three retired railway bureaucrats which defeat the universal principle of law that “ONE SHALL NOT SIT AS A JUDGE IN HIS OWN CASE”. All the three members form the majority and will think and act in favour of railway management due to the mind set developed during the long service in railways, over–ruling the chairman’s view and neutral character of committee will be lost.
2. There is an absence of judicial member, the previous HOER review committee of 1948 had Justice Rajyadhaksha and in 1969 Justice Miaboy as judicial member and chairman although those were one man committee. Almost all the labour laws are having a judicial background with bindings on apex court judgments and directions of ILO conventions, since India is a signatory to ILO and member country of common wealth nations. The present HOER is the one which came into existence in 1931 before India became republic under the colonial British rule according to the railway act of 1890. In 1989 the railway act was simply amended by its title as “Railway Act 1989” to give a new look with no change in its substance and contents according to Indian Constitution. After 39 years of India becoming republic till 1989 so many acts and laws were amended in accordance to the Indian constitution and changed circumstances but railway act till today remains at 1890 even though it is now called as 1989. To analyse the complex matters related to the railway act and Indian constitution and to frame a labour law without ambiguity a judicial member is a must and that judicial member should be appointed as the chairman of the high power committee.
3. In democratic India there is Ministry of labour to study, frame, implement and monitor labour laws both in government and private sector. In this high power committee the absence of a member from labour ministry is glaring and a member expert on labour issues is a must. A high power committee without a member from labour ministry is illegal and not tenable.
4. There is an absence of a trade union member in this committee. The views and opinions of the labour side has to be presented by a trade union member particularly from loco running unions as it is a unique one with monopoly in railways with no scope for comparison with workers of any other transport sectors in India.
5. Since so many inhuman conditions are existing in the HOER like 12+1 working hours, 6 continuous night duties in a week, severe noise pollution above permitted levels in the engines which effect the health of crew, a doctor expert in those areas should be included in the high power review committee. More over all the Assistant Loc Pilots at the entry level are initially recruited for A1 fitness and in due course of time they are not able to maintainA1 fitness due to High Blood Pressure, Diabetic complaints, Back pain developed due to severe vibrations and un scientific design of seats and loco cab, and deafness due to engine and horn sound beyond the prescribed level, becomes medically unfit. Presently railway is insisting A1 fitness till retirement without any improvement in duty rules and engine cab ergonomics. Medically unfit employees are deprived with justified alternative placement of job and retirement benefits ignoring the fact that it was because of bad working conditions of Railway. Recently a Senior Divisional Medical Officer of Nagpur gave a letter to GM/CR regarding the hazards of going foot plate in locomotive.
As per 11/2004 PB circular Railway Board introduced Safety Related Voluntary Retirement Scheme for loco pilots and gang men, stating their reflex action reduce along with deterioration of health due to unnatural hard working condition, prone to operational lapses is an admission by Railway management about the impact of their working rules. So a medical expert is a must in the High Power Review committee based on the above reasons.
Lastly we wish to reproduce a small part of letter written by Hon. MP Sri. Rajeev Chandrasekhar to Hon. Prime Minister on the double stand of government on the issue of 300% hike of salary to MP’s and non-settlement of one rank one pension of ex-servicemen in Indian express of 27.08.2010. The letter states “lack of objectivity and independence of process relates to the fact that in this case, the government has accepted the recommendations of a parliamentary committee comprising MP’s on this issue, whilst in other cases like one rank one pension, the govt. has chosen to use bureaucratic committees to evaluate and decide. This leads to the perception that when govt wishes to deny a claim, it relays on committees of bureaucrats, who by now have developed a fine tuned reputation of obstructive conduct”
Same is the fate of two recent bureaucratic committees like RAC (Running Allowance Committee) 2002 and FTC (Fast Track Committee) for loco running staff issues. Since few MP’s sat in a parliamentary committee to decide their own case there was a hike of 300% on their salary endorsing the universal principle is true that “ONE SHALL NOT SIT A S A JUDGE ON HIS OWN CASE” and this is likely to repeat in favour of railway management with this composition of high power committee
So this association requests your good self to modify the high power committee with minimum Five members inclusive of a retired Supreme Court Judge as judicial member and chairman with other members each from ministry of labour, ministry of railway, a medical expert and loco running staff trade union to ensure justice to all staff belonging to safety category of railways covered under HOER. If the present high power committee is modified as suggested, it will appear to be a neutral one and one can expect some justice from the character and composition of the committee, and it will comply with the famous judicial principle that “Justice should not only be done but seemed to have been done.”
Thanking you,
Yours Sincerely
Bangalore (C. Sunish)
22.07.11
AILRSA Southern Summit @ GUNTAKKAL on 20/07/2011
SOUTHERN SUMMIT held at Railway Community Hall, GUNTAKKAL
on 20th July 2011 at 10AM, Welcome address: GN Shaw
Inauguration: MN Prasad,
Presiding: Suryakumar
Addressed By : Balaramaiah, L Mony,R Muali, K Parthasarathy, Geomy George, C.Sunish, AK Dixith,Venkateswaran,RS Pandian,etc
Monday, 18 July 2011
Thursday, 14 July 2011
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