No.IV/I/Pt.III

07.March, 2017

The General Secretaries of
Affiliated Unions of NFIR

Brother,

Subject: Railway Board’s order dated 30.1.2017 curbing workers’ rights.

In the DC/JCM meeting held on 7.3.2017, during Opening Address, both the Federations have taken a stand that the unconstitutional order dated 30.1.2017 preventing Safety (Supervisory) Staff from becoming Office bearers should be withdrawn by the Railway Board immediately to facilitate negotiations to resume.

The President, General Secretary, Working President etc. have conveyed their strong protest against the Board’s letter dated 30.1.2017.

The General Secretary/NFIR had stated that the Railway Board has betrayed the Federations and the Railway Board has equally failed on several counts on written commitments notably:

a) Replacement of GP 4600 with 4800

b) Upgradation from Gr.C to Gr.B (Gaz.)

c) Allotment of GP 4600 to Loco (Mail)

d) Stepping up of pay of Loco Inspectors inducted prior to 1.1.2006

e) Arbitrary reversal of various decisions given in the past (as a result of agreements with the Federations) and without caring to consult federations.

f) Track Maintainers upgradation (written commitment of Board)

In light of Railway Board’s total failure, the Federation (NFIR) conveyed that it is not in a mood to participate in the negotiations of DC/JCM forum and at the same time demanded immediate withdrawal of Board’s order dated 30.1.2017, if the Railway Board sincerely feels that industrial relations are required to be preserved.

With the above observations in the DC/JCM meeting, the leaders left the meeting place. Both the Federations have jointly walked away from the meeting.

Please convey to all employees the above development, as the Railway Board’s order is a direct attack on the rights of workers, whether they are Supervisors or Non-Supervisors and it is a gross violation of Trade Union Act, ID Act etc.

Also convey the “Walk Out” decision of Federations to GMs, CPOs etc.

Yours fraternally,
sd/-
(Dr.M.Raghavaiah)
General Secretary

Source: NFIR

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No.AIRF/60

Dated: February 23, 2015

The General Secretaries,
All Affiliated Unions,

Dear Comrades,

Sub: Pre-Rail Budget Meeting of the Railway Federations with Hon’ble MoSR

Today Presidents and General Secretaries/Secretary Generals of all the Recognized Federations of the Railwaymen met Hon’ble MoSR and handed him over following significant suggestions for including the same in the forthcoming Rail Budget 2015-16:-

The government is concerned about the safety and welfare of its workers and officers, serving round-the-clock to transport passengers and freight from one end to other end of the country.

The following burning issues may be considered favourably:-

• Maintenance/repair cost of more than 60% over-aged staff quarters has gone considerably higher. As such, present allotment of budget for maintenance of railway quarters may be increased by 30%. Please take steps to improve the condition of the Drivers/Guards Running Rooms, Barracks, TTEs Rest Rooms, Subordinate Rest Houses also.
• Smart Card Medical Facilities are requested to be extended to all the Railwaymen.
• Vacancies of Safety Category posts may be filled-up in the larger interest of safe-rail operation.
• Scope of the LARSGESS for Safety Categories, which has been found to be very useful, may be extended to all Group `C’ categories.
• The government proposes to introduce “House and Education for all”. For this purpose, vacant railway land at various stations may be utilized, and the Ministry of Urban Development be approached to construct houses for the Railwaymen, and easy home loans may be provided through the Banks and Railway Schemes.
• The government has decided to open Medical and Engineering Colleges, Universities for the children of its workforce. The same may be extended to the Railwaymen as well.
• The government is concerned about the welfare of the Railwaymen and their families and dependants. Parents of the Railwaymen may be granted Railway Pass and Medical facilities.
• Quasi-administrative staff, working in the Federation/Union Offices, who are availing Railway Pass and Medical facilities may kindly be absorbed in the Railways.
• As the then Hon’ble Minister for Railways has already written a letter to the then Hon’ble Finance Minister to implement Old Pension Scheme in place of National Pension Scheme(NPS), and for that it has also been written that financial provisions will be made by the Railways itself. Therefore, it is requested that provisions for the same should be made in this Rail Budget.
• Repealing of RPF Amendment Act, 2001 should be implemented to give powers to the RPF.
• Railway Federations and Associations have been expressing their concern on outsourcing and FDI in the Railways. This has been considered by the government, and the Hon’ble Prime Minister has already announced that there is no intention for privatization of the Indian Railways. Keeping in view prevailing cordial industrial relations, it is requested to re-call the instructions of the government on FDI in the Indian Railways.

Yours faithfully,

(Shiva Gopal Mishara)
General Secretary

Source: http://www.nrmu.net

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MINISTER FOR RAILWAYS
GOVERNMENT OF INDIA
NEW DELHI

No. 2012/F(E)III/1/4-Part

29 MAR 2014

Dear Shri P. Chidambaram ji,
Through this letter, I wish to draw your attention to a long standing demand raised by both Staff Federations of Railways on National Pension Scheme (NPS) for employees of Indian Railways. The Federations have been expressing resentment over operation in the Railways of the National Pension Scheme, which is perceived as a lower social security cover for Railway employees. Their contention is that there are enough grounds for Railway employees to be treated differently from other civil employees of the Government, and that Indian Railways should operate the traditional defined benefit pension scheme available to pre-01-01-2004 appointees.

You will recall that a few organizations/categories of Government employees were specifically exempted from the purview of NPS on consideration of special, riskier and more onerous nature of duties. The Federations have been drawing parallel with of nature of duties performed by most categories of Railway employees with those in the Armed Forces. They contend that during British period, Railways was conceived and operated as an auxiliary wing of the Army. It was also realized that by virtue of its complex nature, Railways required a high level of discipline and efficiency to be able to perform its role as the prime transport mode. Railways is an operational organization required to be run round the clock through the year. Railway employees have to work in inhospitable conditions, braving extreme weather, unfriendly law and order scenario, and inherent risks associated with the Railway operations itself. As in the Armed Forces, many have to stay away from their families for long periods while performing duties in areas where adequate facilities are lacking.

I feel that there is considerable merit in the contention of the Staff Federations. Besides the critical and complex nature of duties of Railway employees, the hazards involved are also high. Despite best efforts for enhanced safety measures, a large number of Railway employees lose their lives or meet with serious injuries in the course of performance of their duties each year.

During the period 2007-08 to October 2011, the number of Railway employees killed during the course of their duty has been more than number of passengers/other members of public killed in Rail related accidents including accidents at unmanned level crossings. While the nature of duties of Railway employees is inherently high risk during peace time, they also perform functions of critical importance during war time and times of natural calamities, in moving men and materials across the country to maintain supply of essential commodities and safeguard integrity of the nation.

In my view, there are adequate grounds for the Government to consider exemption for Railway employees from the purview of NPS. The Implications of this would be that Government expenditure would reduce over the next few years through discontinuance of Government Contribution under the NPS, but the long term liabilities would increase, as financial commitments in the defined benefit pension scheme would be higher. Since Railways are required to meet the pensionary outgo from their internal resources, switchover to defined benefit pension scheme would call for a more systematic provisioning under the Pension Fund through appropriate revenue generating measures. With Rail Tariff Authority on the horizon, I believe that this would be possible.

In the light of the above, I suggest that our request for exemption from operation of the NPS be considered sympathetically and necessary approvals communicated.

A copy of each demands raised by the two Federations is enclosed.

With regards,

Yours sincerely,
sd/-
(Mallikarjun Kharge)

Shri P.Chidambaram,
Finance Minister,
Government of India,
North Block,
New Delhi-110001.

Source: AIRF & NFIR

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No.22/2014
No. E(NG)II/2012/RC-1/GenI./15

New Delhi, dated 04.03.2014

The General Manager (P)
All Zonal Railways/Production Units etc.

Sub: Appointment on Compassionate grounds of dependent of medically unfit staff on the Railways.

Attention is invited to this Ministry letter No. E(NG)II-84/RCI/105 dated 16.11.1984, stipulating therein, that in cases of medically decategorised / incapacitated Railway employees, a wife is eligible for compassionate ground appointment subject to certain conditions.

Pursuant to the issue raised in PNM/AIRF meeting (Item No. 53/2012), the matter has been reviewed and in supersession of Board’s letter ibid, it has been decided by the Board that in case of medically decategorised / incapacitated employees where compassionate appointment is otherwise permissible, it will be the discretion of the concerned medically decategorised / incapacitated Railway employee to request for a job to either spouse or ward as per his/her choice. Further, in the event of death of the medically unfit employee without making clear his wishes, the first preference for appointment on compassionate ground appointment should be that of spouse as done in case of death.

Please acknowledge receipt.

(Harsha Dass)
Director Estt. (N)II
Railway Board

Source : www.indianrailways.gov.in

[http://www.indianrailways.gov.in/railwayboard/uploads/directorate/establishment/ENG-II/2014/appointment_040314.pdf]

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A.I.R.F
All India Railwaymen’s Federation

4, State Entry Road,
New Delhl-110055
INDIA

Railway Strike Ballot from Today

New Delhi 19th December, 2013

On the call of All India Railwaymen’s Federation (AIRF) more than one million railwaymen are likely to participate in strike ballot on 20 & 21 December 2013 all over Indian Railways.

Giving details here Comrade Shiva Gopal Mishra, General Secretary, All India Railwaymen’s Federation said since Railway Ministry as well as Government of India is quite in different and had not resolved our long pending demands, we have no other alternative except to resort to strike ballot. The result of strike ballot will be available on 23rd December, 2013 based on that All India Railwaymen’s Federation will chalk out further strategy.

sd/-
for General Secretary

Source: AIRF

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The following officers and representatives of NFIR & AIRF attended the meeting :-

1. This meeting is in continuation of the meeting held on 26.11.2012 wherein it was decided that a maximum ceiling limit for payment of honorarium to cashiers and other cash and pay staff for the period from 01.01.2010 onwards would be decided in consultation with both the Federations.

2. After detailed discussion it was decided in the meeting held today that a maximum ceiling limit for payment of honorarium to individual staff of Cash and Pay department viz. cashiers and other cash and pay staff in a financial year from 01.01.2010 onwards, who disburse salaries and allowances, productivity linked bonus, all arrears including Pay commission arrears etc. to staff, shall not exceed 25% of his/her annual basic pay plus grade pay. This ceiling limit would be reviewed for a downward revisions after one year.

3. Henceforth, sanction of honorarium would be accorded by the GM with the concurrence of FA&CAO subject to this ceiling limit of 25%. No case of sanction of honorarium need to be sent to Railway Board for sanction.

sd/-
(P .V. Vaidialingam)
Adv.(Accounts)

(Ragini Yechury)
ED(IR)

(Harsh Kumar) FA&CAO(FG)/N.Rly

(Shiva Gopal Mishra)
General Secretary/AIRF

(M. Raghavaiah)
General Secretary/AIRF

Source : AIRF & NFIR

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In Rajya Sabha Minister mallikarjun Kharge submitted a statement on 13th March, 2013 regarding the all India strike by Central Trade Unions as follows…

“Government was aware of the two days all India Strike by different trade unions on February 20 and 21, 2013. A meeting was convened by Union Minister of Labour & Employment with the representatives of Central Trade Unions (CTUs) on 13th February, 2013 to discuss the charter of demands. The demands of CTUs were discussed at length.

It was clarified to the Union representatives that their demands would be looked into by the Government and they were requested to withdraw strike. The Hon’ble Prime Minister also made an appeal to CTUs to withdraw their country-wide General Strike. Subsequently, a group of Senior Ministers of the Cabinet held a meeting with the representatives of the major CTUs on 18th February, 2013.

The GoM assured the representatives of CTUs that Government is serious on the demands related to working class and taking all possible measures to redress them. They also appealed to the representatives of CTUs to reconsider their stand for going on strike.

Government has taken various measures to address the concerns raised by the trade unions. Particular attention is drawn to the huge amount of food subsidy incurred by the Government to ensure availability of food grains to the poor at very concessional rate through the Public Distribution System. The Government’s efforts to pass the Food Security Bill in the Parliament will further increase the availability of subsidized food grains to the larger segments of the population. Ministry of Labour & Employment has prepared a National Employment Policy to ensure that the growth process is inclusive and equitable.

The policy has been drafted with a view to mainstreaming employment into policy making for socio-economic development of the country. It will provide a proper framework towards achieving the goal of remunerative and decent employment for all women and men in the labour force. So far enforcement of labour laws in Central Sphere is concerned, there exists a well-defined and effective machinery. Similar arrangements are also available in the States. The Government has enacted Unorganised Workers’ Social Security Act, 2008. The Government of India has also set up National Social Security Fund (NSSF) with a corpus of Rs.1000 crore. National Social Security Board (NSSB) has also been constituted which is advising the Government from time to time on Social Security Schemes.

Action is being taken to amend the Contract Labour (Regulation & Abolition) Act, 1970 wherein it is, inter-alia, proposed that in case where the contract labour perform the same or similar kind of work as the workmen directly appointed by the principal employer, the wage rates, holidays, social security provisions of contract labour shall be the same as are available to the directly appointed workmen on the roll of principal employer. Further, a Bill is being brought before the Parliament to amend the Minimum Wages Act, 1948 to provide a National Floor Level Minimum Wage”.

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Detailed report of the last Trade Union Strike, which was held on 28.2.2012 was submitted in the Lok Sabha by the Minister Shri.Praful Patel…

The Major Central Trade Unions viz. Indian National Trade Union Congress, Bharatiya Mazdoor Sangh, Centre of Indian Trade Unions, All India Trade Union Congress, Hind Mazdoor Sabha, United Trade Union Centre and their affiliated unions observed countrywide general strike on 28th February 2012 to press the following 10 points charter of demands;-

(1) Concrete measures to contain price rise,
(2) Concrete measures for linkage of employment protection with the concession/iVicentive package offered to the entrepreneurs,
(3) Strict enforcement of all basic labour laws without any exception or exemption and stringent punitive measures for violation of labour laws,
(4) Universal social security cover for the unorganized sector workers,
(5) Stoppage of disinvestment in Central and State PSUs,
(6) No contractorisation of work of permanent/perennial nature of job,
(7) Amendment of Minimum Wages Act to ensure universal coverage irrespective of the schedules and fixation of statutory minimum wage at not less than Rs. 10,000/-
(8) Remove all ceilings on payment and eligibility of Bonus, Provident Fund, increase the quantum of gratuity,
(9) Assured Pension for ail,
(10) Compulsory registration of trade unions within a period of 45 days and immediate ratification of the ILO conventions No. 87 and 98.

All the Deputy Chief Labour Commissioner (Central) and Regional Labour Commissioner (Central) in the field had intervened on the strike notices received by them pertaining to Central Sphere.

Some of the remedial measures taken/initiated by the Government are as under:
(i) The Government has taken various fiscal as welt as administrative measures to contain price rise as a result of which inflation is moderating;

(ii) So far as enforcement of labour laws in Central sphere is concerned, there exists a well defined and effective machinery consisting of Labour Enforcement Officers (Central), Assistant Labour Commissioners (Central), Regional Labour Commissioners (Central) and Deputy Chief Labour Commissioners (Central) under Chief Labour Commissioner (Central). Similarly, Employees State Insurance Corporation and Employees Provident Fund Organisation have their own enforcement machinery. Similar arrangements are also available in the States for enforcement of labour laws in the State sphere;

(iii) Keeping in view the recommendations of National Commission for Enterprises in Unorganised Sector and Parliamentary Standing Committee, the Government has enacted Unorganised Workers` Social Security Act, 2008. The Government has also set up National Social Security Fund with a corpus of Rs.1000 crore. National Social Security Board has also been constituted which is advising the Government from time to time on new Social Security Schemes.

(iv) To ensure universal coverage of employment under Minimum Wages Act, a proposal for amendment in the Act has already been mooted. Regarding fixation of statutory minimum wages at not less than Rs.10, 000, the matter was discussed in the 44th Indian Labour Conference held on 14th and 15th February, 2012 but no consensus could emerge.

(v) So far as removal of wage ceilings under Provident Fund Act is concerned, the matter was debated in the 44th Indian Labour Conference held on 14th and 15th February, 2012 and a broad based consensus emerged for raising wage ceiling from present level of Rs. 6500 to Rs. 10000 or Rs. 15000.

Some major Central Trade Unions viz., INTUC, BMS, CITU, HMS, AITUC and Federation of Bank Unions had given a call for general strike to press their demands.

The year wise details of their demands are given below:
The year wise details of the demands of the Trade Unions submitted to the Government

2010 – Major Central Trade Unions i.e. INTUC, CITU,  AITUC and HMS,  had given nation- wide strike call to be observed on 07.09.2010 for following demands to be considered by the Government :-
(i) To check price rise of essential commodities.
(ii) Concrete proactive measures to be taken for linkage of employment protection.
(iii) Strict enforcement labour laws.
(iv) Schemes under the un-organised Social Security Act, 2008 and
(v) Disinvestment of shares of Central Public Sector Enterprises.

2011 – United Forum of Bank Unions comprising 8 unions / association had given strike notice for resorting to nation-wide strike on 07.07.2011  to press their following demands:-
(i) Not to privatize Public Sector Banks,
(ii) Not to reduce Government’s  equity in Public sector Banks,
(iii) Not to avail World Bank Loan to capitalize Public Sector banks,
(iv) Not to proceed with merger of Banks including the Associate Banks with SBI,
(v) Not to issue license to Industrial house to start their own Banks,
(vi) Not to violate provisions of Bipartite Settlement on outsourcing,

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SBC/Union Elections/2012/2.

New Delhi, dated 18.01.2013

To
Chief Personnel Officer
Open Line Railways and Metro Kolkatta

Sub: Secret Ballot Elections for the purpose of recognition of Unions / Federations.

Further to letter of even number dated 11.12.12, it had been informed that a Committee had been constituted under the Chairmanship of Shri R.R.Jaruhar, Retd. Member Engineering, Railway Board, for framing modalities and related activities, in connection with above referred subject.

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