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IRCTC --out sourcing
Judgement of Delhi High Court

Minutes of the  AIRF Working Committee Meeting
   Held on
19-20 APRIL, 2007
Discussion of the meeting held on 27th Jan. between
     the Railway Board and both the Federations

  Observance of Women`s day 2005
 
Railway Minister Shri Lalu Prasad Yadav recalls his
     association with 1974 Railway Strike

 

 

Issues raised by Shri J.P.Chaubey, GS/ AIRF, in the General Managers` Conference 26-27 May, 2008
41ST CONGRESS OF ITF
Supreme Court dismissed SLP filed by the BRMS,
        RMU and Railway Ministry
.     

We opposed Pension Reform  
We  observed International Rly Workers Action Day
 
Standing Committee Meeting on 19.4.07
AIRF Refers to Railway Board
Conferences of the staff of Railway Printing Presses,  S&T
        Workshops,  IT Centres
Procedure for holding selection from Group `D’ to Group `C’ posts
         
- AIRF referred to Rly Board

1. Review of PLB formula
2. Corporatisation of Railways
3.Extension of scope of family pension to unmarried daughters/widowed daughter

 

 

                                                                                       

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                    Sub: Corporatisation of Railways

        According to decision of the Empowered Committee of Secretaries, National and Departmental memoranda were required to be submitted. In the Departmental memorandum submitted by the four federations of railway employees(AIRF, NFIR, IRPOF, AIRPFA), corporatisation of the Indian Railways was opposed.
       The Railway Ministry while sending their comments on our memorandum has informed the Cabinet Secretariat that they were not in favour of corporatisation of the Indian Railways. Hon’ble Minister for Railways is also against this recommendation of the VI CPC.
      Any further development in the matter will be intimated to you, as and when the same is taking place.

                   Sub: Extension of scope of family pension to unmarried daughters/widowed daughter/  divorced daughter of railway servants/pensioners

               Ref: Railway Board’s letter No.F(E)III/2003 PN 1/5 dated  20.11.2007

            Instructions have been issued by the Railway Board for the grant of family pension to unmarried/ widowed/divorced daughters of railway servants/pensioners beyond 25 years of age.

             The Railway Board vide above cited letter have issued clarifications on some specific points. In para 2(vi), it has been mentioned that the claimant may be advised to submit such documents as may be necessary to adjudge the authenticity of claims, like succession certificate or affidavit sworn before a Magistrate to the effect that the claimant is the daughter of the deceased Railway servant/pensioner, certificate of income, non-marriage certificate to ascertain that the applicant is the genuine claimant eligible for sanction of family pension.

             The Department of Law/Courts have nominated the Notaries in towns/cities who are authorized to allow execution of affidavit before them. These affidavits are accepted by the courts as legal documents in all cases filed before the competent courts.  

                 Our affiliated union, Western Railway Employees’ Union, represented that the DRM/BVP is not accepting affidavits sworn before the Notary on the pretext that the word “sworn” before the Magistrate is used in Board’s letter referred to above. This has caused hardships to the claimants, as affidavit from the Notary is easily assessable and to have it sworn before the Magistrate is difficult and time consuming as well as expensive.

             The Board are requested to issue necessary orders to the Railways, validating the affidavit executed before the Notary for the purpose of family pension to unmarried daughters/widowed daughter/ divorced daughter of railway servants/pensioners.

                                                                                            Sub: Review of PLB formula

            The change proposed in the extant PLB formula in Railway Board’s letter dated 3.12.2007 is similar to the change that had been proposed in para 2 of Board’s letter dated 21.12.2004. Comments had been furnished thereon vide our letter dated 14.1.2005. 

            AIRF would, therefore, in the first instance, like to be apprised of the action taken in the matter by the Railway Board subsequent to receipt of our comments dated 14.1.2005, as comments are being sought again on a similar PLB formula after a lapse of almost three years.  

            AIRF is of the view that any further change in the manner of reckoning of capital will adversely affect payment of PLB to railwaymen and there is no provision to safeguard against any drop in the number of PLB days payable in case where equated NTKMS have gone up.  

            Railways is a public utility service and incur losses to the tune of crores of rupees every year by carrying goods below the operating cost in order to keep the prices under control. Railways’ performance has gone up year by year with the dedicated and devoted work of railwaymen and any step to de-liberalize the PLB formula will be counter productive.  

            The Railway Ministry has already created a situation whereby the PLB agreement, which provides for the payment of PLB at the rate prescribed in the Bonus Act, 1965, is violated by not paying PLB for the year 2006-07 @ Rs.3500/- p.m. This has created discontentment amongst the railway employees.  

            70 days’ bonus was paid to railway employees @ Rs.2500/- p.m.. If it is worked out on the basis of real wage, which the railway employees were drawing, it works out to about 36.4 days’ in case of group `D’ lowest employee and 12 days’ in case of highest paid group `C’ employee, whereas in case of employees of Bharat Heavy Electronics Ltd.(BHEL), Special Incentive Payment(SIP) for Unskilled, Semi-skilled and Skilled onwards for the year 2006-07 was between Rs.20,000 and 25,000. A calculation sheet on the PLB Formula for the year 2006-07 is also enclosed herewith.  

            The zeal and zest of the railwaymen has resulted in 14.4% growth in passenger earnings, 4.6% in other coaching earnings, 48% in sundry earnings and 13.5% in freight earnings in 2007-08 compared to previous year.   

            Railways’ target is to achieve 1100 MT freight and carrying 8400 million passengers in the terminal year(2011-12) of the XIth Plan and we are just four years away from that. Any dis-incentive will be counter productive.    

            Further, with the passage of time, unreasonableness has crept into the PLB Scheme inasmuch as that the PLB wage calculation ceiling, which was fixed @ Rs.2500/- p.m. in the IV CPC scales of pay, remained unchanged in the V CPC scales of pay even though the minimum pay stage in V CPC scales of pay was Rs.2550/-. With the introduction of the concept of Dearness Pay w.e.f. 1.4.2004, this stage has virtually gone up to Rs.3825/-. However, unfortunately, wage calculation ceiling of Rs.2500/- p.m. still has not undergone any revision. Recently also, it had been brought to notice that the payment of Bonus Act, 1965 has been amended and wage calculation ceiling has been revised to Rs.3500/- p.m. w.e.f. 1.4.2006. Therefore, similar enhancement should be effected by the Railway Ministry also in the PLB Scheme as otherwise it results in denial of the fruits of productivity to deserving employees and violation of the PLB agreement. AIRF, therefore, demands that the PLB should be paid to railway employees on the basis of the actual wages drawn by them.      

            With the decrease in the number of employees ever year due to Manpower Planning, work on the existing employees has greatly increased. Additional efforts made by the workers are being compensated to some extent by payment of higher emolument of PLB. There are more than one lakh vacancies which have not been filled in. This is a fact which also needs to be considered before any change adversely affecting the PLB formula is suggested by the Railway Board.   

            It is the responsibility of Railway Ministry to manage the Indian Railways, spread all over the country, economically with efficiency and profit. The Railways will be doomed, if  Railway Ministry buckles down under pressure from such agencies who have no experience and responsibility to run the system. AIRF, therefore, brings this aspect also to the notice of the Railway Ministry in respect of various suggestions, which come through different sources in respect of management of the Indian Railways.  

            For the reasons stated above, AIRF is against any revision in the PLB Scheme as suggested by the Railway Board. 

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ISSUES RAISED BY SHRI J.P. CHAUBEY, GENERAL SECRETARY,  ALL INDIA RAILWAYMEN’S FEDERATION, IN THE GENERAL MANAGERS’ CONFERENCE HELD ON 26-27 MAY, 2008 

            Attracting the attention of the Hon’ble Minister for Railways in the General Managers’ Conference, held on 26-27 May, 2008, Shri J.P. Chaubey, General Secretary, All India Railwaymen’s Federation, said to him that the Indian Railways have, during his tenure, been attaining new heights of achievements year after year. By rewarding railway employees he had enhanced their enthusiasm for work two fold.
            The recommendations of the Sixth Central Pay Commission  have created a lot of discontentment among the Railway employees, as a result of which they are continuously indulging in dharnas, demonstrations etc. against it, said Shri Chaubey. 

            The Federations of Railway employees have submitted a memorandum to the Railway Ministry, pointing out a number of shortcomings in the recommendations of the Sixth Central Pay Commission. But it is not possible to set right these shortcomings unless it is decided to hold direct discussion between the representatives of the employees and the group of ministers constituted by the government.   

            In retrospect, after the decision of the Central Government employees for strike on the recommendations of the Fifth Central Pay Commission, a group of ministers had been constituted in which the then Railway Minister had played a vital role.

             The Indian Railways run 16,000 trains(both passenger and freight) every year day. The country is put to immense financial loss when industrial peace is destroyed or when trains stop running. It is, therefore, desirable that the Hon’ble Railway Minister should find out the solution to the problems of the Railwaymen. 

            While appreciating the progress made by the Indian Railways, the Sixth Central Pay Commission has, in its recommendations, upheld the demand of the Railwaymen for better pay scales for themselves, but this is not possible until they are government employees, said the Sixth Central Pay Commission. In this context, Shri Chaubey said that the Sixth Pay Commission has recommended for the Army men and the officers “Military Service Pay” from Rs.2,000/- p.m.  to Rs.6,000/- p.m. Likewise, Railway employees also deserve “Railway Service Pay”, said Shri Chaubey.

             The First Pay Commission, while recommending better service conditions for technical and scientific staff, had said that it was not at all possible for the country to progress without the contribution of these employees. However, it is unfortunate that the Sixth Central Pay Commission has recommended downgrading the pay scales of Master Craftsmen etc.

             Shri Chaubey said that the Railway employees were paid Bonus in accordance with the Bonus Act, 1965, but not withstanding the fact that the government had raised its upper ceiling from Rs.2,500/- to Rs.3,500/-, Railway employees have not been paid the arrears of the difference. On this account, the Railway employees are much aggrieved. Railway employees were paid 70 days’ Productivity Linked Bonus(Rs.5753)  for the year 2006-07, whereas in the Bharat Heavy Electrical Ltd.(BHEL), the amount of Bonus was from Rs.20,000 and Rs.25,000/-.

 

            The condition of the railway colonies, said Shri Chaubey, is deplorable. The Corporate Welfare Plan(2006-2015) had been introduced for the maintenance of railway colonies with much fanfare, but it has completely failed in its purpose.  

            Shri Chaubey added that the Railway Board had assured that medicines would be purchased from renowned dealers only in order to maintain their quality but no solid attempt has been made in this direction.  

            Shri Chaubey said that the Railway Board had issued necessary orders for purchasing shoes for Gangmen(Trackmen), Keymen, Gatemen, Patrolmen, Maters and Trolleymen with the condition that shoes must conform to BIS Specification: 15298. Railway employees are finding it very difficult to get such shoes as they are nowhere available in the whole market. As such, they may be allowed to purchase any other brand within the same amount of money.  

            The Railway work is being given on contract. But contractors exploit labour. AIRF and its affiliates have ever been protesting against this practice.

             Shri Chaubey said that considerable importance is being given to cleanliness in the Indian Railways. However, its target cannot be fully achieved unless Safaiwallas are recruited in sufficient numbers. As of now, 1.50 posts, including safety categories, are lying vacant. New train services are introduced every year but the number of posts is not increased. As a result of this, the existing staff are over-worked. All vacant posts must be filled urgently.   

             A Conference of the General Managers of the Production Units of the Indian Railways was held on 27.5.2008 in which General Secretary, AIRF, Shri J.P. Chaubey, had said that the Staff Councils had been set up in the Production Units. It was expected that the problems of the employees working therein would be solved but these Councils have been constituted in such a manner that the staff cannot expect anything from them. The Councils work arbitrarily and the employees have no confidence in them. The CME/CEE is the Chairman and the CPO is their Secretary. They do not deserve to be named Staff Councils. They can at best be termed Officers’ Councils. In the Production Units, rules are violated day in and day out.

                Contract system is still prevalent in the Rail Coach Factory, Kapurthala, according to Shri Chaubey. This is clear violation of the Contract Labour(Regulation & Abolition) Act, 1970. In this factory, a Khalasi is appointed with the minimum qualification of ITI but he is not given the pay scale of Rs.3050-4590 which is against the recommendation of the V CPC and is, therefore, unjustified. Efforts had been made to sell this factory to M/s Siemens Ltd. but the negotiation was cancelled as a result of protests by the workers of this factory and their families and interference by the Hon’ble Railway Minister.

             Shri Chaubey requested the Hon’ble Minister of State for Railways, Shri Naran Bhai J. Rathwa, to instruct the General Managers of the Indian Railways not to violate the rules. 

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                                            Sub: Procedure for holding selection from Group `D’ to Group `C’ posts

                                                Ref: Railway Board’s letter No.E(NG)I-2002/CFP/12 dated 22.01.2003 

            South Central Railway sought clarification from the Railway Board, whether Casual Labour/Substitute service rendered after grant of temporary status, if followed by absorption in a regular group `D’ post can be counted against minimum period of 2 years service for eligibility to be considered for selection against 16-2/3% quota. On this, the Railway Board, clarified that Casual Labour/Substitute service will not be reckoned towards two years minimum service required as eligibility condition for group `D’ staff for appearing in the selection for promotion to group `C’ against 16-2/3% quota as per Board’s letter E(NG)I/96/CFP/27 dated 10.10.2000. 

For all the employees, wherever regularized after attaining temporary status, their date of appointment is the date of granting temporary status if regularization is without any break. Therefore, the clarification issued by the Railway Board, vide their letter dated 22.1.2003, needs correction since for all practical purposes, the date of temporary status is the date of appointment. Two years service should be counted from the date of attaining temporary status, if followed by regularization in Railway service without break. Railways are taking time in screening the candidates and the employees attaining temporary status sometimes wait for 2 to 3 years for regularization and remain as Substitute with temporary status up to that period.  

In view of the above, the Board have been  requested to issue necessary clarification on the subject.

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            Reg: Payment of difference of PLB for the year 2006-07 

The General Secretaries,
All Affiliated Unions, 

Dear Coms.,

            In continuation of this office letter of even number dated 1st March, 2008, I have to inform you that the issue regarding  payment of difference of PLB for the year 2006-07 was discussed in the Cabinet meeting and a Committee consisting of Railway Minister, Labour Minister and Finance Minister was constituted to decide the issue. Railway Minister is the Convener of the Committee.
            I have requested the Hon’ble Railway Minister for an early decision.  

            It may also be stated that the Hon’ble Railway Minister and Labour Minister were already in favour of payment of difference of PLB for the year 2006-07. 

            This is for your information,      

           (J.P. Chaubey)
         General Secretary
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Conferences of the staff of Railway Printing Presses,  S&T Workshops, IT Centres of the Indian Railways,
10-12 February, 2008, New Delhi  

As decided in the AIRF’s 83rd Annual Convention, held in Secunderabad from 21-23 February, 2008, the conferences of the staff of  Railway Printing Presses, S&T Workshops, IT Centres of the Indian Railways are being organized in T.N. Bajpayee Memorial Hall, 12 Chelmsford Road, New Delhi
as per following schedule:-    

(i)         10.03.2008 –   Railway Printing Presses Staff Conference, T.N. Bajpai Memorial  Hall, 12 Chelmsford Road, New Delhi  

(ii)        11.03.2008 –   S&T Workshop Staff Conference, T.N. Bajpai Memorial Hall, 12 Chelmsford Road, New Delhi    

(iii)       12.03.2008 – IT Cadre Conference, T.N. Bajpai Memorial Hall, 12 Chelmsford Road, New Delhi    

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                                        Sub: Meeting of the Standing Committee of National Council(JCM) held on 7.3.2008
 
            Meeting of the Standing Committee of National Council(JCM) was held on 7th March, 2008 under the Chairmanship of Shri Satyananda Mishra, Secretary(Personnel), Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training.
 
            In the meeting, ATS of the last meeting of the Standing Committee of NC/JCM, held on 14.12.2007, was discussed.
 
            At the outset, Com. Umraomal Purohit, Secretary(Staff Side), NC/JCM, raised the following points:-   
 
(i)                  Central Government employees demanded Interim Relief w.e.f. 1.1.2006. During evidence before the VI CPC in April 2007, the Chairman VI CPC assured the Staff Side(NC/JCM)  that the report of the VI CPC would be submitted by January 2008 and he was not inclined to submit another report for Interim Relief during the intervening period. Precisely on this assurance, the Staff Side did not press very much for IR but the publication of the report has already been delayed causing dissatisfaction amongst the Central Government employees.   
 
(ii)                He stressed that the report of the VI CPC should be made effective w.e.f. 1.1.2006, as recommended by the V CPC. Any departure in this regard would cause serious industrial unrest.
 
(iii)               He said that every Cabinet Secretary had assured that the meeting of NC/JCM would be convened shortly but it took more than a year to call the meetings in the recent past. He requested the Chairman to convey the sentiments of the Staff Side to the Cabinet Secretary and also fix up date for the next meeting of NC/JCM within a short period.    
 
(iv)              Shri Purohit stated that there have been rounds of discussion in the matter of various Arbitration Awards but no decision has yet been taken by the Official Side for implementing the same.
 
(v)                It appears that the anomalies in the pay scales of V CPC have been referred to the VI CPC but the Staff Side was not informed about this well ahead and no discussion on these anomalies had taken place between the Staff Side and VI CPC.
 
(vi)              Shri Purohit pointed out that as per orders in vogue, non-arbitrable issues should be discussed in the meeting of Group of Ministers(Finance, Labour and concerned ministers).
 
(vii)             On these discussions sometimes something more than what we had asked was granted.
 
(viii)           Shri Purohit pointed out that political situation in the country is moving very fast and there might be a situation of pre-poned general elections.
 
(ix)              Dissatisfaction amongst the Central Government employees may cause a crisis situation and may coincide with the general elections and in that case the Central Government employees should not be blamed. He requested the Chairman to carry this message to the Cabinet Secretary.       
 
Decisions Taken by the Official Side on the Agenda Items
 
1.         Item No.09/05/NC-44: Increase the allowances including the Hourly Rate of Incentive Bonus to Workshop staff and Special Compensatory(Hill) Allowances etc. consequent on merger of 50% DA with BP – The Chairman pin-pointed that the Railway Ministry has been authorized to take decision in the matter.  
 
2.         Item No.06/06/NC-45: Revised rate of subscription and insurance cover under Group Insurance Scheme – The Chairman assured that the scheme will be finalized        and made functional within three months.
 
3.         Item No.10/06/NC-45: Conveyance Allowance – The Chairman said that the Finance Ministry will take elaborated views after receipt of the report of the VI CPC.
 
4.         Item No.13/06/NC-45: Amendment of the provisions of Rule GFR-247 for sanction of Natural Calamity Advance – The Chairman assured that the reminder in this connection will sent to the Cabinet Secretary for taking an early decision.  
 
5.         Item No.06/06(15th Feb)/SC: Implement the agreement(signed on 11th September, 1997) for rectification of V CPC anomalies and remove the hurdles in processing them before the Arbitrator – A list of 35 unresolved anomalies in respect of National Anomaly Committee sent by the Government of India to the VI CPC was handed over to the Staff Side(NC/JCM)(photocopy enclosed). The Staff Side pointed out that they had not got any opportunity to interact in this matter with the Pay Commission and many anomalies of the Departmental Council are missing in the list. The Chairman assured that on receipt of the report, these would be discussed further.     
 
6.         Item No.17/04/NC-43: Grant of ACP to employees of Non-Statutory Departmental CanteenThe CAT has upheld employees’ appeal for the ACP. Orders have been issued for its implementation. 
 
7.         Item No.18/04/NC-43: Fresh option for pensionary benefits to employees of Non-Statutory Departmental Canteens - The CAT has upheld employees’ claim and orders in this regard have been issued. 
 
8.         Item No.13/02/NC-41: On outdoor Medical Allowance of Rs.100/- p.m. to pensioners residing in areas not covered by CGHS/Railways/P&T dispensaries – Orders   for granting Rs.100/- to the pensioners residing beyond 2.5 kms. from the railway dispensaries have already been issued vide Railway Board’s letter No.PC-V/98/I/7/1/1 dated 7.2.208(photocopy enclosed). The Staff Side demanded that Rs.100/- should be enhanced to Rs.200 p.m. The Chairman assured that the matter would be considered.  
 
9.         Item No.128: Matters relating to pensioners and family pensioners - Item No.138: Compensation for loss in pension and DR to employees who retired during 31.3.85 to 31.12.85 and were in receipt of Personal Pension for the period from 1.1.86 to 31.12.95 – The Chairman agreed to reconsider the matter of payment of ex-gratia to the employees who have taken Voluntary Retirement after serving 20 years or invalidated after serving over 20 years.
 
10.       Item No.05/05/NC-44: Release of DCRG in case of retiring employees against whom disciplinary proceedings are pendingUnder consideration.
 
11.       Item No.06/05/NC-44: Grant of family pension to widowed step-motherUnder consideration.
 
12.       Item No.16/06/NC-45: Relaxation in Pension RulesUnder consideration.
 
13.       Item No.17/06/NC-45: Applicability of CCS(Pension) Rules in respect of those appointed prior to 1.4.2004 and put on induction training – Orders have been issued covering railway employees under going induction training prior to 1.1.2004 and were in receipt of stipend in place of salary. Orders have been issued vide Ministry of Personnel, PG&P, DoP & PW’s O.M.No.38/58/06-P&PW(A) dated 5.3.2008(photocopy enclosed).
 
14.       Item No.20/06/NC-45: Stepping up of the pay of senior incumbents at par with their juniors granted ACPs – Under consideration.
 
15.       Item No.12: Counting of service rendered by casual labour for pensionary benefits, item No.100: Counting of entire contingency service with regular service for retirement benefits of employees who have put in contingency service and item No.113(vii); counting of service rendered as casual labour as qualifying service – The Staff Side pressed that since this is a Railway Ministry’s matter and at present there is no casual labour in the Railways and service of all of them has been regularized since 1997, Railway Ministry may be allowed to take decision in the matter. The Chairman assured the Staff Side that the decision in the matter would be taken by the Official Side. 
 
16.       Item No.20/05/NC-44: D&A Rules(Policy) – Imposition of penalty of reduction of lower time scale of pay permanently – Under consideration.
 
17.       Item No.154: Change of option for fixation of pay in the event of unanticipated developments or change of rules – Orders will be issued shortly.  
 
18.       Item No.19/05/NC-44: Fixation of pay on promotion – exercising option – The Official Side agreed that two sets of option - one from the date of promotion and another from the date of next increment would be issued to the individual employee showing the benefits that one shall get on opting any of the options.
 
19.       Item No.21/04/NC-43: Revision in rates of Educational AssistanceThe Official Side informed the Staff Side that the matter has been referred to the VI CPC.           
 
20.       Item No.3: Implement the Pending Arbitration Awards on HRA, Pay Scales of Accounts Staff, Night Duty Allowance, OTA and Transport Allowance etc. – The Staff Side was very much critical about the role of the Official Side in the matter of implementation of pending awards. It was stated that after rounds of discussion not a single award has been cleared for implementation. The Staff Side requested the Chairman to take some decision in the matter.  
 
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The General Secretaries,
All Affiliated Unions,
 
Dear Coms.,
 
            Sub: Format for the submission of complaints to Central Advisory Contract Labour
                     Board on prohibition of employment of contract labour in perennial nature
                     activities
 
The affiliated unions have been writing to AIRF against outsourcing of the activities of perennial nature.
 
AIRF has been protesting to Railway Board, but the Railway Board did not take any action. The Central Government has created a mechanism to deal with these complaints and also cases of violation of Contract Labour(Regulation & Abolition) Act, 1970.
 
Shri Rakhal Das Gupta, Asstt. General Secretary, AIRF, is a member of Central Advisory Contract Labour Board. You are therefore, advised to send complaints to “The Secretary, Central Advisory Contract Labour Board, Ministry of Labour, Government of India, Jaisalmer House, Mansingh Road, New Delhi-110011 along with separate sheet showing details of perennial nature works outsourced, place of work, number of employees employed by the contractor(item wise separately) and a copy to Shri Rakhal Das Gupta, Member, Central Advisory Contract Labour Board, P.O:- Bongaigaon, Distt:- Bongaigaon(Assam) on the following format:- 
 
1. _______________ Railway is a zonal railway in open line under the Ministry of Railways, Railway Board.
2. About________ permanent employees are engaged in operation and maintenance on _____________ Railway.
  
3. Railways is an industry and railway employees are industrial workers under the provisions of Industrial Dispute Act, 1947. _______________ Railway has engaged contract labor to perform jobs of perennial nature activities in violation of Section 10 of Contract Labour(Regulation & Abolition) Act, 1970.
 
4. The workmen engaged by the contractors are exploited a lot. They are being paid very low 
    wage.          
 
5. These workmen of the contractor are not being paid any fringe benefit.
6. These workmen are also denied all forms of social security.
           
Hence(name of union), a registered trade union under Indian Trade Union Act, 1926 and recognized by the_______________ Railway, urges upon the Board to issue directives to ____________ Railway to stop outsourcing of regular and perennial nature work, as this is violation of provision of Section 10 of Contract Labour(Regulation & Abolition) Act, 1970 and to get those works done by regular employees being on the pay roll of _______________ Railway under the Ministry of Railways.   

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The General Secretaries,  

All Affiliated Unions,

 Dear Coms.,  

            Sub: IRCTC - Outsourcing 

            In the 39th meeting of the PREM Group, held on 26.7.2007, while discussing functioning of the IRCTC, the M.T. stated that the activities entrusted to the IRCTC were being reviewed and functioning of the IRCTC would be limited to improve catering services and quality of food and onboard services of trains would not be given to the IRCTC. Utilization of the Pantry Car was also discussed when the M.T. assured that the railway catering staff would not be dislodged.

           The M.T. also assured that the apprehension of the employees of the catering department who are on deemed deputation with the IRCTC would also be discussed with the federations to find solution of their problems.

           Service condition of the employees working in the catering department and also those on deemed deputation in the IRCTC was specifically discussed subsequently in a meeting with the M.T. on 3rd August, 2007, when proposals given by the federations were discussed and the M.T. agreed to consider the same and also to give an opportunity to the employees who opt out of catering and posted in the Railways elsewhere. The issue would be further discussed with the M.T.  

Yours fraternally,
 General Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                   IN THE HIGH COURT OF DELHI AT NEW DELHI
 
     LPA 23/2007
    UOI ..... Appellant
    Through Mr.Bijender Singh, Adv.
  
   versus
  
  BHARTIYA RAILWAY MAZDOOR SANGH ..... Respondent
  Through Mr.B.K.Sinha, Adv.
  Mr.S.S.Nehra, Mr.Rajendra Verma for the intervenors
  CORAM:
   HON'BLE THE CHIEF JUSTICE
   HON'BLE MR. JUSTICE SANJIV KHANNA
   O R D E R
   22.03.2007
  

CM Nos.4278/2007 and 4307/2007
            Allowed subject to all just exceptions.
 CM No.542/2007 (condonation of delay)
            There is one day's delay in filing the present appeal by the UOI, the  appellant.   For the reasons stated in the application, delay of one day in filing the  appeal is condoned. Appeal is taken on record.
 

LPA No.23/2007
  1. The present appeal is filed by the Union of India challenging the  legality of the order dated 01.12.2006, which was passed by the learned Single   Judge after referring to the order of the Supreme Court in Railway Board and   Anr. Vs. Southern Railway Mazdoor Union and Ors., Special Leave to Appeal   (Civil) No.3716/2004 dated 08.3.2004 In the said order passed by the Supreme   Court, following observation was made:- We see no reasons to interfere with the decision of the High Court. In fact, the earlier SLP filed at the instance of another trade union had been   dismissed by this Court. The High Court's reasoning for requirement of 30%   membership exclusively for the membership of the Union is upheld. The High   Court has correctly relied upon the decision of this Court in Food Corporation   of India Staff Union versus Food Corporation of India reported in AIR 1995 SC 1344 to hold that the method was a natural, rationale and viable alternative.

  2. The learned Single Judge has also referred to the decision of the Supreme Court in Food Corporation of India Staff Union Vs. Food Corporation of   India and Ors. reported in 1995 Supp (1) Supreme Court Cases 678.
  3. The appellant is aggrieved by the impugned order in view of the observations made by the learned Single Judge that requirement of 30% membership   is necessary for giving recognition to a Union. According to the appellant, the  appellant has an exclusive right to lay down the conditions as to what should be   the minimum requirement of membership for getting recognition as a Union.
  4. It is submitted by learned counsel for the appellant that the appellant   has laid down the criteria of 30% membership as the requirement for recognition   as a union. The said requirement was fixed by notification dated 28.10.1985.   Para 3 thereof refers to a letter of the Railway Board dated 19.9.1961, wherein   it was laid down that the minimum percentage of membership for granting   recognition to a Union would be 15%. With the issuance of notification dated  28.10.1985, this minimum requirement was modified to 30% as recommended by   Railway Reforms Committee. This notification dated 28.10.1985 was upheld by the   Supreme Court in its aforesaid order dated 08.3.2004.
  5. Subsequently, the appellant had circulated another notification dated   26.6.2002 wherein it stated that membership strength of 30% of the total non-   gazetted employees of the respective zones will be decided on the basis of the   Annual Return Forms' for the latest year submitted by the Zonal Unions.   Therefore, as per notification dated 26.6.2002 a Union must have a Membership of   at least 30% of the non-Gazetted employees for getting recognition from the   Railways.
  6. It appears that the aforesaid criteria was proposed to be raised to 35%   by issuing a draft resolution dated 18.8.2005. It is the admitted position   that the aforesaid draft proposal was later on withdrawn by the appellant and,   therefore, the requirement of 35% membership for a Union to get recognition has   not been made applicable and implemented.
  7. The prevailing position as of today is that a Union must have a membership of at least 30% of the non-gazetted employees so as to get recognition from the Railways. It however, should not be construed that the   aforesaid requirement cannot be changed or modified by the Railway, in   accordance with law.
  8. In view of the order passed today, consequential action shall be taken   by the appellant for holding the elections. At this stage, learned counsel for   the appellant states that six months' time may be granted to the appellant to   hold elections in terms of the order of the learned Single Judge. We allow six   month's time in terms of the prayer.
  Appeal and all the pending applications are disposed of.
  
  CHIEF JUSTICE  
  SANJIV KHANNA, J
  MARCH 22, 2007
  RN

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                        Notice for the Standing Committee Meeting of AIRF on 19.4.2007

             In order to facilitate and guide the discussion in the meeting of AIRF Working Committee, scheduled to be held on 19-20 April, 2007 in New Delhi, meeting of the Standing Committee of AIRF, consisting of the Office Bearers and General Secretaries of the affiliated unions will be held on 19.4.2007 in Committee Room, AIRF, 4 State Entry Road, New Delhi, from 10.30 a.m.  

            The Working Committee meeting will start with lunch in T.N. Bajpai Memorial Hall, 12 Chelmsford Road, New Delhi on 19.4.2007.  

            All Office Bearers and General Secretaries of the affiliated unions are requested to attend the meeting well in time.  

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        AIRF refers to Railway Board

Sub: Applicability of old pension scheme   (GS/AIRF wrote to the Secretary (Pension), Govt of India)

            In the meeting held on 20th August,2007, in Room No.35, Jeevan Deep Building Parliament Street, New Delhi, under the  Chairmanship of Secretary, Department of Financial Services, it was given to understand that a decision has already been taken in consultation with the Department of Expenditure that the probationers who had drawn their salary prior to 01.01.2004 and joined regular service after 01.01.2004 are eligible for old pension scheme.

          In the case of Railways, after recruitment, induction training is given to the employees and during the period of induction training, they get stipend at the minimum of scale of pay and   join the job after completion of induction training. This period is counted for the purpose of pensionery benefits. Since this period is already treated as qualifying period for grant of pensionery benefits; these railway employees are eligible for old pension scheme.

        Since the employees who are affected, they are very much worried; therefore, you are requested to kindly communicate approval of your department to Railway Ministry so that these employees are informed that they would be governed by the old pension scheme. 

        It may be stated that the Railway Ministry has already made a reference to you.     

 
       
                
 
 
            Sub: Review of sanctioned strength and creation of posts (referred to Secretary(E) )
           
                Ref:  E.D.(Trg. & MPP), Railway Board’s D.O. letter No.E(MPP)2006/1/89 dated
                4.10.2006 
 
            The Executive Director(Training & MPP), Railway Board vide  her above cited letter, addressed to the General Managers of the Indian Railways, has suggested various methods by which sanctioned strength at present can be brought down.
 
            On the one hand number of trains is increasing on the other hand a methodology is going to be adopted by the Railway Ministry will definitely create lot of problems on the serving employees and
definitely they will be overstressed and fatigued.   
            The Board are requested to immediately withdraw this letter of the Railway Board and have a discussion with both the Federations on the subject. 
                                                                                                                         

 

            Sub: Outsourcing of USFD testing of track on Indian Railways (GS referred to ME/RB)

             Ref: Executive Director, Track(P), Railway Board’s letter No.Track/21/2004/0902/7 dated 25.7.2007

 

The Railway Board vide above cited letter has cleared outsourcing of Ultrasonic Flaw Detection on the routes identified for running of higher axle load(CC+6+2 and CC+8+2) on the Indian Railways for rails only. Complete testing of AT welds profile having fatigue strength 50% of parent rail has not been included and also not given cognizance. From the statistics of rail/weld failure on Indian Railways, it can be seen that 80% of failures are contributed through AT welds alone, whereas importance has been extended on balance 20% of rail failure only.  

(i)                  It can be seen from the records that only one firm M/s Khyati Nilayam Associates Pvt. Ltd., New Delhi, has been awarded all the contracts. They are using USFD Machine of M/s Sperry Walking Stick, having wheel probe technology and claiming scanning of 94% of rail head profile to suit with special condition of contract as stipulated by the Railway Board.  

(ii)                So far only few zonal railways, viz. Central Railway(Nagpur Division), Northern Railway(Ambala Division) and North Central Railway, have undertaken the job of outsourcing of USFD. Besides, trial order with Sperry Walking Stick by the contractor was tried at Ratlam Division of Western Railway.  

(iii)               On the scrutiny of Metallurgical Investigation of fractured samples conducted by RDSO, it can be concluded that the reliability of testing by so called machine of advance technology is zero. In Itarsi-Nagpur Section of Central Railway, Metallurgical Investigation of two numbers of rail fracture samples(Annexure-A & A-1) revealed old flaw covering 65% and 85% of rail head respectively. Out of which, second flaw oriented from Gauge Face Corner. Failure occurred only after 14 and 20 days of USFD testing respectively by M/s Sperry Walking Stick and was easily detectable by normal USFD testing with the conventional indigenous machine.    

(iv)              No comparative study at RDSO level has been conducted to confirm defect detectability of M/s Sperry Walking Stick with the conventional indigenous machine so far. The performance of Sperry Walking Stick and its testing probes fitted within Roller Search Unit(RSU) have not been judged as per ISO Code 12666:1988, which is mandatory for all Ultrasonic equipments before putting into service. These have also not been studied at the RDSO level.  

(v)                In Ratlam Division of Western Railway, some trial orders were given to contractor for testing with Sperry Walking Stick. During trial, machine detected some defects classified as IMR (recommended for immediate replacement). All IMR marked rail samples were sent to RDSO for detailed Metallurgical Investigation and confirmation. Metallurgical Investigation report of RDSO confirms no flaw at those IMR marked rails. Relevant records in this regard may be called for from RDSO.  

(vi)              There are information of 58 numbers of rail failures on North Central Railway during December 2006 and March 2007 after testing by the contractor with M/s Sperry Walking Stick. This has not been highlighted. Rail weld failure records of the concerned Railway (Agra Division particularly) may be called for detailed analysis.  

(vii)             Cost of USFD testing by indigenous machine is approximately Rs.800 per rail k.m., whereas contractor is charging Rs.3660 per rail k.m.(last accepted rate of N.R.) testing from the Railways in addition to the service of a Railway Supervisor all along during their testing, which is around 4.5 times higher with zero reliability.       

               From the above, it can be concluded that some vested interests, at the name of outsourcing of USFD, harbouring the interest and monopoly of a particular contractual firm M/s Khyati Nilayam Associates Pvt. Ltd. violates the cannon of financial propriety.  

            In view of the above, AIRF requests the Railway Board to immediately stop outsourcing of USFD testing of track on Indian Railways and resort to indigenous machines and modified procedure for Gauge Face Corner Fatigue(GFC) testing alone with normal rail testing in vogue with retrofitted additional sliding probes. Simultaneously, inspection, modification and introduction of new generation machine, endowed with LCD screen display, data logger, `A’ Scan Storage and reproduction facility already developed indigenously and placed for inspection should be expedited by the RDSO. 

                                                                                                                                                                       

 

 

 

Annual Review of Group `C’ & `D’ Cadres

             The Railway Board vide their letter PC-III/2006/FE-I/2 dated 23.2.2007 have suspended Annual Review, which was due to be conducted on 01.04.2007 on the strength as on 01.04.2007. Now, next Annual Review will take place on 01.04.2009 on the strength as on 01.04.2009. 

            Some of the Railways, particularly N.E. Railway, are insisting for retrospective Cadre Review, quoting Railway Board’s circular No.PC-III/2003/CRC/6 dated 09.10.2003.
             In this connection, it is stated that the Railway Board, vide their letter No.PC-III/2006/FP/1 dated 27.9.2006, has created confusion on the N.E. Railway. 

             The Board are requested to issue necessary instructions to the Railways that Annual Review cannot be done now in the year 2007. For 01.04.2005 and 01.04.2006, there has already large surrender of posts in all departments which has caused tremendous resentment. Railway employees are holding demonstrations against it and any such step will affect productivity of the Indian Railways.

 

Sub: Outsourcing of selling of train tickets through ATM Counters, Petrol Pumps and Post Office  (GS referred to Secretary/RBon 2.8.07)

             Various measures are being taken and Memorandum of Understandings are being signed by the Railway Ministry to outsource selling of train tickets and also train reservations.

             Since AIRF is a constituent of the Management, it expects that such measures should be discussed in the meeting of PREM Group or through bilateral consultation. This is not happening and our affiliated unions and railway employees are agitated against this.

 According to news appearing in the print and electronic media, the Railway Ministry has signed a Memorandum of Understandings with the Postal Department, Petrol Pumps and ATM Counters to sell train tickets and making train reservations.

 There are complaints against the Postal Department that the letters which are posted by the public take long time to reach the addressee and in some cases these do not reach. We have experienced that the letters sent through posts to Kolkata or other places do not reach the addressee or are delivered after long interval.

 In our opinion, selling of train tickets through Post Office, Petrol Pumps and ATM Counters will create serious problems and will result into loss of railway revenue.

 The works which are proposed to be offloaded are of perennial nature and also amount to violation of provision of Contract Labour(Regulation & Abolition) Act, 1970. AIRF has decided to raise this issue in the next meeting of the Central Advisory Contract Labour Board.

 AIRF lodges strong protest against such unilateral decision of Railway Ministry and requests them to revise these decisions after having discussions with the Federations and till then all these schemes should be kept in abeyance.

 

                                       Sub: Surrender of posts – Filling up of vacancies 
                GS AIRF wrote to MS Rly Board, copy to Shri J.P. Batra, Chairman, Railway Board, New Delhi &
                General Secretary, N.F.I.R., 3, Chelmsford Road, New Delhi – for information.

            You are aware that railway employees are greatly agitated on the arbitrary surrender of working posts and also for not filling up of the vacancies.
            On outsourcing etc., I have already sent a communication to Shri Lalu Prasad, Hon’ble Minister for Railways, vide my D.O. letter No.AIRF/214/145 dated 22.2.2007. I am sure; it must have reached you by now.
            AIRF is greatly surprised that despite strong resentment prevailing amongst the railwaymen and also despite expansion of railway workings, introduction of new trains(passenger and freight) without additional staff, the Railway Board have issued another order that 20% of the existing vacancies and also future vacancies should not be filled-in and these posts should be surrendered.  

This has been done without any consultation with the federation and despite its stiff opposition. Arbitrary surrender of posts and not filling up of the vacancies has created additional workload on the existing employees. Even safety vacancies and higher grade posts are being surrendered.

 AIRF’s affiliated unions have been writing to me against these measures and orders of the Railway Board.  
             Confrontation which is being forced by the Railway Board will not be conducive to the existing industrial relation and also will detract the railwaymen from going ahead on the high growth of productivity, which has been praised all over, inside and outside the Parliament.

 AIRF therefore, requests you to kindly withdraw these instructions and also ensure that all the existing vacancies are filled in Group `C’ and `D’ cadres without any further delay.  

I shall be grateful, if you kindly favour me with a reply.  

 

 

                                    Sub: Upgradation of posts from `C’ to `B’ category
                            (GS AIRF`s D.O. to Adv.(IR) Rly. Board,  Copy to: GS/NFIR/NDLS – for information)

            AIRF takes note of the fact that there has been improvement on your original proposal for upgradation of posts from Group `C’ to `B’ from 10% to 12.5%.  

            The CRB in the course of discussions has appreciated that classification of posts as notified by the DOP&T vide their O.M. No.13012/1/98-Estt(I) dated 20.04.1998 should be done on the Railway, but in order to avoid any imbalance in the cadre, which may affect railway work adversely, these orders should be implemented in the phases.Keeping in view that this issue is pending for over 5 years and large number of senior subordinates are stagnating, AIRF requests that at least 15% of posts in the apex scales should be upgraded.  

AIRF has also explained to the CRB that the process of promotion from Group `C’ to Group `B’ should be expedited and with a view to give early effect to these orders, written test should be dispensed with and promotion should be made on the basis of Confidential Report as one time exemption.  

You are aware that 300 J.A. grade posts were down upgraded to senior scale. These are to be filled in by promotion of Group `B’ junior scale officers. These orders are yet to be implemented. The resultant vacancies in junior scale of Group `B’ should also be added in order to see that reasonably  adequate number of Group `C’ employees are promoted to Group `B’.  

AIRF requests the Railway Board for expeditious decision in the matter and also to ensure that promotions from Group `C’ to `B’ are given effect as early as possible.



                           
Sub: Upgradation of apex scales of pay from group `C’ to `B’ 

            An agreement was reached between the Federations and the Railway Board that 15% of apex grade posts whould be upgraded to group B.  

            The Finance Directorate, Railway Board, has raised objection and stated that 15% is on higher size and also it needs concurrence of the Finance Ministry.  

            The Chairman, Railway Board, in the General Managers’ Conference, held on 30.7.2007, had announced this decision while addressing the GMs.  

            Since there is no Financial Commissioner(Railways) and the Member Staff is looking after the work of the Financial Commissioner, no final decision could be taken in the matter. AIRF is pressing hard for the implementation of the decision of the Railway Board.  

            This news is being published in the AIRF’s monthly journals IR/ BR for the information of all concerned  since Senior Supervisors are anxiously awaiting for the decision of the Railway Board in the matter and frequent telephonic queries are being made on the subject.  

 

 

No.AIRF/PNM/5/2006                                                                                                                                                                                                  Dated: August 23, 2007

 The General Secretaries,
All Affiliated Unions,

 Dear Coms.,  

            Sub: Upgradation of posts from group `C’ to group `B’

            You are aware that an agreement was reached between the Federations and Railway Board that 15% of group `C’ posts of apex pay scale should be upgraded to group `B’ posts. The Finance Directorate had objected that 15% is too high and also it needs concurrence of Finance Ministry. This was objected by the Federations.  

            The Member Staff, Railway Board, in the General Managers’ Conference held on 30.7.2007 had stated that the Railways were required to send suggestion for group `C’ posts which can be upgraded to group `B’. Shri K.C. Jena has written a D.O. letter to the General Managers of the Indian Railways to send their recommendation for upgradation of   group `C’ posts which he proposed to upgrade to group `B’. 

             On earlier two occasions, numbers of posts were upgraded on the recommendation of the General Managers of the Railways.
            
In order to expedite the matter, you are requested to have discussion with the CPO and G.M. of your Railway to ensure that necessary recommendation is sent to Railway Board as earliest possible under advice to this office.   

                                                                          Yours fraternally, 

                                                                            (J.P. Chaubey)
                                                                            General Secretary

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MINUTES OF THE AIRF WORKING COMMITTEE MEETING HELD ON 19-20 APRIL, 2007 IN T.N. BAJPAI MEMORIAL HALL, 12 CHELMSFORD ROAD, NEW DELHI

 The Working Committee of All India Railwaymen’s Federation met on 19th and 20th April, 2007 in T.N. Bajpai Memorial Hall, 12 Chelmsford Road, New Delhi.  

Com. Umraomal Purohit, President, AIRF, was in the chair. According to attendance register, 106 members, who had signed in the register, were present in the meeting. The meeting started at from 14.00 hrs and lasted till 18.30 hrs. on 19th April and  on 20th April, the meeting started at 10.00 hrs. and continued till 14.00 hrs. The names of the members, who were present in the meeting, are given in the attached annexure.  

            The President, while opening the meeting, welcomed the members of the Working Committee and made brief observations on the discussions held with the VI CPC on 16-18 April, 2007. The President stated that overall discussion with the VI CPC, in his opinion, was satisfactory and the Chairman of the Pay Commission was responsive. He also added that there were threadbare prolonged discussions on the Interim Relief on 16th April. In spite of Staff Side insistence, the Pay Commission was reluctant to give an interim report for the payment of I.R. The Pay Commission, on the contrary emphasised, that they would give a single report with a good package, which will satisfy all the Central Government employees and the Pay Commission was taking quick action to submit it report latest by December 2007 or in January 2008. He, therefore, desired that the Central Government employees should wait for his report.

             On the persistent demands for I.R. by the Staff Side, he reluctantly stated that he was having open mind. (Proceedings of the first day(16.04.2007) were circulated to the affiliated unions by the GS/AIRF vide letter No.AIRF/405(VI CPC)(IR) dated 16.04.2007).

                On 17.04.2007, the discussion centered round on Employment under Central Government, Minimum Wage of Rs.10,000/- p.m. with open ended scale and 5% annual increment. The Pay Commission took keen interest to discuss this issue and also calculation, on the basis of which Staff Side, JCM demanded Rs.10,000/- p.m. The Pay Commission stated that they would take all these into consideration while deciding minimum scale of pay and said that they would make such a report that brilliant workers and officers working with the government do not desert and give up jobs for better prospects outside in corporate and private sector.

                Allowances were also discussed. On D.A., the Pay Commission stated that the Central Government employees were already getting 100% neutralization and beyond that nothing could be done. (Proceedings of the 2nd day(17.04.2007), were also circulated to the affiliated unions by the GS/AIRF vide letter No.AIRF/405(VI CPC)(B) dated 17.04.2007).  

                On the 3rd day(18.04.2007), pension and retirement benefits were discussed. The observation made by the Pay Commission on our demand to improve the retirement package were encouraging. At the end of three day discussions, when the Staff Side again raised the demand of I.R., the Chairman VI CPC smiled and said, that he was open minded, with an indication that the Pay Commission would not make recommendation for the I.R. The Pay Commission  stated that they would give a single package report as soon as possible by the end of this year or by January 2008.

                The President also briefed on the issues of outsourcing, surrender of posts, etc. etc. 

Condolence Resolution

             Before the agenda of the meeting was taken-up, Condolence Resolution was adopted on the demise of eminent personalities, during the period under report, whose names are given hereunder:-

 29.11.2006 Shri Hanumant Singh, Cricketer10.12.2006 Pinochet, Ruler of Chile
15.12.2006 Sukhbans Kaur Bhinder, former Union Minister and Rajya Sabha Member from
                   Punjab
18.12.2006 Shri Bikash Bhattacharjee, eminent painter and Padmashree awardee
18.12.2006 Mr. Joe Barbera, creator of popular cartoons Tom & Jerry and others
26.12.2006 Mr. Gerald Ford, ex. U.S. President
29.12.2006 Mr. Saddam Hussain, ex. President of Iraq, hanged
31.12.2006 Smt. Chandralekha, famous Bharat Natyam dancer
05.01.2007 Maharaja Manvendra Shah, BJP MP, the last scion of the Tehri dynasty
27.01.2007 Shri Kaleshwar, noted Hindi writer, journalist and film maker
28.01.2007 Shri O.P. Nayyar, Music Director
02.02.2007 Shri Vijay Arora, Film Actor
08.02.2007 Shri S. Rangarajan, Proprietor of Hindu Group of Publications

14.02.2007 Shri Shyama Charan Shukla, veteran Congressman and three times C.M. of U.P.

18.02.2007 Victims of the fire of Samjhauta Express caused by terrorists’ bomb blast.

20.02.2007 Shri Chittabrata Mozumdar, General Secretary, CITU
26.02.2007 Smt. N. Jayalakshmi, mother of Shri N. Kanniah, AGS/AIRF
04.03.2007 Shri Sunil Kumar Mehto, M.P. killed by Naxals
18.03.2007 Mr. Bob Woolmer, Pak Cricket Coach
04.04.2007 Dr. Jagjit Singh Chohan, Pakistan Ideologue
05.04.2007 Shri Markande Singh, former Lt. Governor of Delhi
13.04.2007 Shri Jagat Murari, former Director of Film and Television Institute of India
17.03.2007 Shri R.K. Bhagwat, Ex. W.C./AIRF & AGS/WREU
 

                    The members observed two minutes’ silence and prayed that their soul may rest in eternal peace.
Thereafter, agenda of the meeting was taken-up. Minutes of the AIRF’s last Working Committee meeting, held on 21-23 November, 2006 in Kolkata, were confirmed as circulated. 

Thereafter, the General Secretary on being called upon by the President, stated that he would not repeat what has already been stated by the President and drew attention to secret ballot for the recognition of unions in the Railways, which was scheduled to be held sometime in August/September, 2007.  

                The General Secretary explained that the modalities for holding secret ballot were expected to be finalized and issued within next two months and thereafter electoral roll would be published. On the basis of which, secret ballot would take place. He clarified that although AIRF has suggested 30-35 per cent of the total valid vote for the recognition of unions. He advised the members to wait for the decision of the Railway Board, who has been given authority by the Division Bench of Delhi High Court to fix up percentage for the recognition of a union through secret ballot.  
                The General Secretary stated that the Hon’ble Minister for Railways has written a letter to the Prime Minister saying that the orders issued by the DOP&T for surrender of posts, Rightsizing/Manpower Planning etc. cannot be ifso-facto implemented by a ministry like Railways, who have been having introducing 250 new trains(passenger) every year. In his letter, Hon’ble M.R. also wri