In the High Court of Delhi
Supreme Court dismissed SLP
filed by the BRMS, RMU
and Railway Ministry
Call for the unity of the RAILWAYMEN
Election Schedule Modification of Modalities for secret ballot
sought by AIRF
HISTORIC STRUGGLE AND SACRIFICES MADE BY AIRF
AND ITS AFFILIATE
Railway
wise position of votes polled Railway wise Secret Ballot Result
Railway wise Secret Ballot Result
Railway wise position of votes polled
Name of the Railway Total Votes Polled % of voting
Central
Railway 100174 87
Eastern Railway 103880 88
East Central Railway 61410 80
East Coast Railway 36131 89
Northern Railway 137025 89
North Central Railway 59595 86
N.E. Railway 49310 86
N.F. Railway 57025 88
North Western Railway 50439 91
Southern Railway 92528 94
South Central Railway 78404 91
South Eastern Railway 71628 87
South East Central Railway 34554 86
South Western Railway 28208 89
Western Railway 93582 85
Top
ALL INDIA RAILWAYMEN’S FEDERATION
CALL FOR THE UNITY OF THE RAILWAYMEN
(J.P. Chaubey)
General Secretary
Till
May, 1948, All India Railwaymen’s Federation was the only Federation and there
was complete unity of the Railwaymen. Division started in May, 1948 when another
Federation and its unions were floated.
AIRF always
stood for One Union in One Railway and One Federation for all, based on the
democratic principles.
Recognition of the unions through secret ballot was one of AIRF’s demands of the
July 1960 strike.
With great sacrifices and sustained struggle of AIRF and its affiliates, the
verdict of Hon’ble Madras High Court and Supreme Court of India came, directing
grant of recognition to the unions on the basis of secret ballot. The secret
ballot will be held from 26-28 November, 2007.
The power of recognition of the unions now rests with the Railwaymen. It is well
known, “united, we stand and divided, we fall”.
Vote for AIRF’s affiliates enthusiastically and ensure “One Union in One Railway”.
The struggles and
strikes led by AIRF in 1960, 1968 and 1974 for the upliftment of social and
economic status of the Railwaymen is well known.
Please do not miss this opportunity.
AIRF was founded long before India’s Independence, in 1924. At present its membership is 10.50 lakhs.
In 1948, the Congress floated a separate Federation with the intention to break the unity of railwaymen. It is known as the National Federation of Indian Railwaymen. With its emergence the unity of railwaymen was broken.
Soon after its formation, AIRF gave a clarion call for struggle to accept its demands, stop harassing railway employees and putting an end to the British Rule. As a result of this, AIRF and its affiliates pressurised the British Government on various issues and resorted to strikes during 1927, 1928, 1930, 1932, 1936 and 1946. This had led to improvement in the service conditions of railwaymen, fixation of their hours of work, grant of various allowances, benefit of leave and periodic rest etc.
During the British rule, racial discrimination was at its height. By and by AIRF was instrumental in abolishing it. Artisans were treated as Group ‘D’ employees and they had no avenues of promotion. AIRF, with its struggles facilitated their promotion to higher posts.
The struggles and sacrifices and the persistent demand of AIRF and its affiliates prior to the country’s independence, forced the British Government to appoint the First Central Pay Commission. Thereafter the Railway employees could get improved pay scales.
Even after the country’s independence, All India Railwaymen’s Federation continued its struggle for the benefit of the Central Government employees, including railway employees and got many of its demands accepted through negotiations. Although AIRF and its affiliated unions continued all possible efforts for maintaining industrial peace, which are existing even today, all the same, owing to the then government’s attitude of non cooperation and neglect of the employees, AIRF and its affiliates had to resort to strike during 1960, 1968 and 1974. During these strikes many active union workers/leaders of AIRF’s affiliates became martyrs and the objects of the then government’s ire. A number of leaders of AIRF and its affiliates were arrested and some were dismissed from service.
During the railwaymen’s historic strike of 1974, the families of the striking railway employees were ejected from government residences, as a result of which they had to face great hardship.
Although the decision in favour of the 1974 strike was taken as the result of the agreement between AIRF and NFIR but at the relevent hours NFIR backed out and AIRF was obliged to accept the challenge of its own. NFIR not only did not take part in the strike but also left no stone unturned in weakening the strike. After the strike was called off, opportunistic organisations/employees reaped enormous benefits out of the loyal quota and made available railway jobs for the members of their family.
It is the result of AIRF’s leadership and the strong unity and struggle that, after the country’s independence, pay commissions were appointed in 1957, 1970, 1983 and 1994 and the benefit of their recommendations became available. It was the leadership of AIRF alone that guided all the Central government employees to put pressure on the government. Comrade Umraomal Purohit, who is the Secretary of the Staff Side of the National Council/JCM, put tremendous pressure on the Central Government, through the JCM, for constituting the Sixth Central Pay Commission, Comrade J.P. Chaubey, General Secretary/AIRF was the Convener of the Coordinating Committee of Central Government employees. The government steered clear of its responsibility, saying that the Central Government employees were getting Dearness Allowance in full. As such there was no justification for constituting the Sixth Central Pay Commission. But after a notice for strike having been served by the Central Government employees in their meeting held in Delhi, the Prime Minister had at last to intervene on this issue and written assurance was given that the Six Central Pay Commission would be constituted. Consequently, in October, 2006 the Government notified the appointment of the Sixth Central Pay Commission. The leaders of AIRF and its affiliates have, with hard labour and devotion, submitted the demand for railwaymen’s pay scales in a justifiable manner, the lowest pay demanded being 11,000.
During the course of submission of the memorandum of pay scales to the Sixth Pay Commission and oral evidence by AIRF/NC-JCM, the Commission had assured that the pay scales as well as the perks of the Central government employees would be prepared in such a manner that they would give up the temptation of joining the public sector undertakings. The Sixth Central Pay Commission has assured that it will submit its report by March or April, 2008.
As a result of the leadership of AIRF and the continuous struggles of its affiliated unions the railway employees have today got several benefits such as several allowances, family pension, P.F. contribution, improvement of working hours, periodic rest, holidays, permanent Negotiating Machinery, National Council/Joint Consultative Machinery, PREM, Group ‘D’ Promotion Committee, Running Allowance Committee, Productivity Linked Bonus etc. etc. AIRF has all along remained the path-finder of Central/State Government employees since whenever it had struggled for constituting the Central Pay Commission or payment of Bonus and other demands, the Central Govt. employees, including railway employees and the State Govt. employees got the benefit from it.
In 1966 the Joint Consultative Machinery was constituted on the ground that it would solve the problems of the railway employees and the employees of he Central Govt. by mutual discussion so as to maintain harmonious relations in government services and the employees may not be forced to resort to strike for getting their demands accepted. Arbitration Board and Joint Consultative Machinery was an important achievement of the 1960 strike. In the beginning this machinery did very good work but after some time, specially in the year 1991, as a result of acceptance of the new economic policies by the Congress Government, lethargy began to enter into the style of working of the machinery and its meetings also became sporadic. Policies like termination of posts, ban on recruitment, privatisation/contractorisation and outsourcing were made applicable with greater speed. Consequently JCM become today ineffective.
When the railwaymen and other Central Govt. employees decided upon indefinite strike against the unsatisfactory recommedations of the Fifth Central Pay Commission, the Joint Consultative Machinery in 1997 again started working. Thereafter, the Group of Ministers held prolonged discussion with the Staff Side of Joint Consultative Machinery. As a result, instead of the Fifth Pay Commission’s recommendation for 20% increase in the Wages of Central Govt. employees, they got 40% increase. During 2006, when the railway employees, along with other Central Govt. employees, on 7.2.2006, served a notice on the Govt. to go on an indefinite strike from 1.3.2006, the Joint Consultative Machinery restarted its work in 2006. Only thereafter the Sixth Central Pay Commission was constituted.
The Arbitration Board had given more than 16 awards much earlier which have not been implemented by the NDA and the UPA Governments.
There are two major political parties in the country – Congress and BJP. During their reign, they constituted coalition governments and this practice will continue in future as well. Both these parties established their unions in the Railways, which led to division among railwaymen. In May 1948, the Congress established its union and thereafter the BJP followed suit.
AIRF and its affiliated unions are free, independent and democratic organisations. All Group ‘C’ and ‘D’ Railway employees have the constitutional right to enroll members of unions and are also free to take part in the elections.
AIRF has, from the very beginning, been in favour of unity among rail workers and has, on several occasions, tried to maintain the unity of Central Govt. employees, including railway employees. “One union in one railway” was also one of the demands of AIRF in the July 1960 Strike of railwaymen, which should be decided by secret ballot.
After good deal of struggle and arduous efforts, on the intervention of Hon’ble High Count of Madras and the Supreme Court of India orders were issued by the Railway Ministry that in order to grant recognition to unions election should be held by secret ballot from 26th to 28th November, 2007. Each and every railway employee of group ‘C’ and ‘D’ will be eligible to vote. An employee can cast his vote for one union only and a vote cast for more than one union will be rejected.
AIRF calls upon all railway employees to unite and by casting votes in favour of its affiliates make AIRF’s long pending demand of ‘One union in one railway’ a grand success.
It is unavoidable to describe in brief the story of AIRF and its affiliates so that every railway employee, specially the newly appointed employee may understand fully well that AIRF and its affiliated unions are not connected with any political party but are free, democratic and independent organisations. Their doors are open to all railway employees. AIRF is the only organisation which has been successfully led by a number of dignitaries from its very inception. Prominent among them are – the late V.V. Giri and Jayaprakash Narayan. Comrade Umraomal Purohit and Jagdish Prasad Chaubey have been successfully leading AIRF for the last 28 to 33 years. In their leadership, Indian Trade Union movement has established its identity, not only in India but also in the whole world. This has raised the country’s name very high.
All of you are every well aware that, owing to the pressure of globalisation, liberalisation, World Bank and Capitalist Countries, the Congress and thereafter the BJP led NDA Government are, since 1991, implementing anti – labour policies in industries throughout the country and Central Govt. departments, and are thereby bent upon fragmenting the railway department, a few examples of which are as under :-
1.
Downsizing plan.
2.
Abolition of posts.
3.
Outsourcing of railway work.
4.
Constant encouragement to privatisation, corporatisation and countrac-
torizing.
5.
Ban on recruitment.
6.
Non-filling of vacant posts.
7.
Introduction of the New Pension Scheme in replacement of the Contributory
Pension Scheme.
8.
Reducing P.F. interest rate.
9.
Not creating new posts for new assets and new services.
In addition to this, owing to the NC/JCM becoming in effective, its meetings are not being held regularly. Consequently the following issues of the Railway employees are pending for years :-
1. Merge 50% D.A. with Basic Pay w.e.f. 1.7.2002 instead of 1.4.2004.
2. Implement the agreement signed on 11th September, 1997 for the rectifica- tion of V CPC anomalies and remove hurdles in processing them before the Arbitration.
3. Ensure regular functioning of the JCM Scheme and implement its decisions.
4. Remove ceiling of 5% quota in respect of compassionate ground appointment.
5. Implement pending Arbitration Awards on HRA arrears, pay scales of Accounts and Audit, Night Duty Allowance etc.
6. Count Casual Labour (temporary status) service in full for all purposes, including pension and other retirement benefits.
7. Scrap the report of the Running Allowance Committee Report – 2002.
8. Review HOER, reduce duty hours of Running Staff and other Safety category staff in the railways.
9. Grant Cadre Restructuring and Upgradation of the left over categories staff in the Railways.
10. Improve career opportunities of the Group ‘D’ employees in the Railways.
The reason why it is necessary to discuss all these issues is that all railway employees may take their own unbiased decision that in view of the circumstances existing in the country which organisation can win over these issues and give fitting reply to the anti-labour policies of the Central Govt., including the Railway Ministry (The only example of this so far is the AIRF)
The history of AIRF and its affiliates is witness to the fact that only because of not being affiliated to any political party, whenever the government overlooked the demands of the Central Government employees, including those of the railwaymen, and exploited them or ignored them in any other manner they gave the clarion call for struggle and left no stone unturned in resorting to strike in case no solution was forthcoming even after negotiations. The history of AIRF is its direct evidence. Can a trade union affiliated to political parties (if constituted in a railway) create such a history as AIRF and its affiliated unions have created and prove it to be a mile-stone?
Discussion about all this has become unavoidable because some selfish elements/organisations, probably affiliated to some political party, have raised an accusing finger at AIRF and are indulging in false propaganda about it.
AIRF calls upon all railway employees to take seriously and honestly the historic decision of giving recognition to railway trade unions through secret ballot to be held on 26, 27 & 28 November, 2007 and keeping in view the history of the trade unions contesting elections, invariably put to proper use their invaluable vote.
When could obstacles tie down a man traversing
his path !
When could misfortunes deter a man pressing
onward in his mission !
Note:
This may be used by the
union Office Bearers in their speeches for the knowledge of the employees.
There is no need to print and distribute it. However, there should be no
objection to have photocopies of this made out and handed over to the Office
Bearers of divisions and branches so that they may also, in their speechs, make
the railway employees aware of these.
MODALITIES FOR CONDUCTING
SECRET BALLOT FOR THE PURPOSE OF GRANTING RECOGNITION TO
REGISTERED RAILWAY TRADE UNIONS REPRESENTING ALL CATEGORIES OF GROUP ‘C’ AND
GROUP ‘D’
EMPLOYEES OF INDIAN RAILWAYS
1. The election under Secret Ballot system for giving recognition to trade
unions on the railways will be conducted under the supervision of Chairman,
Secret Ballot
Committee appointed specially by the Ministry of Railways for this purpose vide
their order number ERB-I/2007/23/13 dated 3.4.07.
2. Who all are eligible to contest the elections:-
(a) All registered trade unions of the Railways which are registered under the
Trade Union Act, 1926 for at least one year as on 31.12.2006 and
which exclusively represent the interests of all group ‘C’ and ‘D’employees of
the concerned zonal railways.
(b) These registered trade unions must not have been formed on the basis of any
caste, tribe or religious denomination or of any group within or
section of such caste, tribe or religious denomination.
(c) The registered jurisdiction of the Union should geographically conform to
the jurisdiction of the concerned zonal General Manager to
whom the application is made and who is competent to recognize the union and
also competent to take any action against unions as and
when necessary.
(d) Once a union is recognized, it would continue to remain recognized till its
recognition is withdrawn/suspended by the competent authority for
some special reason.
(e) The existing recognized trade unions/federations shall continue to remain as
recognized unions/federations till election process is
completed and their further future will depend upon as to how they fare in the
elections.
(f) The facilities available to the recognized unions will continue only on the
condition that these facilities will not be used for election purposes.
In case a complaint is received in this connection and on investigation the
complaint is found to be correct, that recognized trade union
against whom the complaint was received will be liable to be punished. The
quantum and type of punishment will be decided by the
Returning Officer/Secret Ballot Committee. In such disputes the onus of proving
that facilities were not misused will lie absolutely on the
recognized unions against which the complaint was received.
(g) Once the date of election is announced, no formal meetings such as PNM, PREM,
etc. shall be held by the administration with the
recognized trade unions. However, Housing Committee meetings, Staff Benefit Fund
and Calamity Fund meetings will continue to be
held.
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(h) The unions contesting elections must have submitted the accounts statement
and annual returns for the previous year to the concerned
Registrar of the trade unions. A copy of last annual return should be submitted
to the concerned Returning Officer before contesting the
election.
(i) The union should not have been found responsible for breach of code during a
period of one year immediately before notification of date of
election.
(j) Unions participating in the election will have their own constitution in
conformity with Trade Union Act, 1926 and should be registered with
the registrar of trade unions.
3. Code of Discipline:
All the contesting registered trade unions will have to give in writing that
they would observe the Code of Discipline (Annexure-I). Chapters XXV and XXVI of
Indian Railway Establishment Manual, Volume-II, deal with the rules for
recognition of unions of non-gazetted servants, conditions precedent to
recognition of the unions and
negotiating machinery for dealing with disputes between railway labour and
railway administration etc. All these rules have to be accepted in toto by all
the contesting trade
unions.
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4. Code of Conduct during Election Proceedings:
a. No appeal by any of the contesting trade unions shall be made to voters on
the grounds of religion, politics, caste, community. Any such appeal will be
treated as a corrupt practice and may attract punishment to be decided by Secret
Ballot Committee.
b. No contesting trade union or its office bearers/representatives shall indulge
in any activity which may cause tension within different categories, cadres,
communities, religions.
c. Criticisms of rival trade unions should be confined to their policies and
programmes, past records of work. Private life of no individual should be
talked about. Similarly, activities not connected with the railway working will
not be mentioned.
d. Criticisms of other trade unions or its office bearers or their workers based
on unverified statements should not be made.
e. Temples, mosques, churches and other places of worship should not be used for
propaganda purposes.
f. Campaigning by elected public representatives who are not holding post in any
of the contesting unions or national federations is not permitted.
g. Canvassing within 100 meters of polling stations, holding public meetings
during 48 hours prior to the start of the election process are not permitted.
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h. No intimidation of any type or coercion will be tolerated to force any
railway employee to vote in a particular manner.
i. Authorized agents of the contesting unions shall be issued proper
identification cards.
j Excepting the voters, no one without a valid pass from the Presiding Officer
shall be allowed to enter a polling booth.
k. No fire arms, no slogan shouting inciting communal/political issues are to be
permitted at the voting booths.
l. No special leave for campaigning will be allowed to any railway employee or
representative of the union.
m. If any candidate wants to have a gate meeting during lunch hours, prior
permission of the administration would be required. However, no gate
meeting will be allowed within 48 hours of election date.
n. No grant of gifts, cash etc. is allowed.
o. Pasting of posters on stations, rolling stock, buildings, defacing office
buildings, colonies, etc. is not allowed.
p. Code of conduct comes into force from the date of announcement of election
schedule.
q. In addition to the above, any other campaigning activity extraneous,
repugnant and contrary to the recognized sphere of Union activities and against
staff
tranquility, public peace and Railway policy will render the defaulter to penal
action as decided by the Secret Ballot Committee which will be the final
authority in the matter and its decision will be final.
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5. Norms for recognition:
i) All unions getting 30% or more of the single vote of the total electorate
shall be considered recognized.
ii) If only one union gets 30% or more of the single vote of the total
electorate and some other union polling next maximum number of votes,
gets at least 35% of the valid votes polled, then both these unions will get
recognition. (This assumes that 35% of votes polled will be less than
30% of the total electorate).
iii) If situations as stipulated in (i) and (ii) above don’t arise, then the two
unions getting maximum number of votes will be recognized provided
each one individually gets more than 35% of the valid votes polled.
iv) In case there is no union fulfilling the conditions laid down in (i), (ii)
and (iii) above, then union which gets maximum number of valid votes polled
will be recognized provided it gets at least 20% of the valid votes polled. In
this case only one union will get recognized.
v) If no union gets even 20% of valid votes polled, then no union will stand
recognized.
6. Who all can vote:
i) All regular Group ‘C’ and ‘D’ employees who are borne on the muster roll of
the Railway establishment as on 1.7.07 will be extended the right to vote.
ii) Substitutes, Casual/Contract labour and those engaged on daily wage basis,
etc. will not have right to vote.
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iii) Staff who have gone on deputation should be allowed to cast their vote
through postal system. A separate list of such staff will be prepared by
concerned Sr.DPO/Dy.CPO who will personally ensure that information regarding
availability of facility of postal ballot is made known to them well
in time.
iv) Such of the employees who are on polling duty, undergoing various trainings
at any of the training centres, train running/escort duties and who are likely
to
be away from their nominated headquarters during the electoral days and
employees who are admitted in hospital as in-patients should be granted the
facility of postal ballot. As in item (iii) above, concerned Sr. DPO/Dy.CPO will
personally ensure that these employees are informed about facility of
postal ballot well in time.
v) If an employee is promoted to class II service after 1.7.07, his name will
automatically be cancelled from the voters’ list.
vi) Employees who have effected their transfer after 1.7.07, their names will
stand deleted from the original voters’ list. These names will be added to the
voters’ list at the new station of posting. This will be personally ensured by
the concerned Sr. DPO/Dy. CPO.
vii) The voters should cast vote for one Union only otherwise the vote will be
treated as invalid.
viii) For the purpose of casting ballot, Photo I-Card is to be treated as the
valid document for identification of voters. In case Photo I-Card is not
available,
an authority letter bearing the photograph of the employee personally signed
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by the concerned Sr. DPO/Dy. CPO will be treated as valid identity proof.
ix) RPF/RPSF personnel are not to be included in the Voters’ list.
7. Voters’ List:
Voters’ list comprising of all categories of Group ‘C’ and ‘D’ employees of
Indian Railways as on 1.7.2007 should be prepared and then loaded on the RailNet
on or
before 15.9.2007.(Instructions on this subject already issued separately). The
site address of the concerned Zonal Railways will be notified on the notice
boards. The voters’ list
should be prepared station-wise in the proforma given below :
| Name (1) |
Desgn. (2) |
I/card No. (3) |
PF No. (4) |
Working under (5) |
Station where posted (6) |
As already mentioned earlier if Photo
I-Card is not available in case of any member of the staff, an authority letter
bearing the photograph of the staff personally
signed by the concerned Sr.DPO/Dy.CPO should be issued to establish the correct
identity of the voter.
8. Nodal body to conduct and supervise Secret Ballot The nodal body for
conducting Secret Ballots would be as under -
i) The overall supervision at the zonal level will be with the respective SDGMs
of the zones who will be assisted by Presiding Officers, Polling Officers and
Polling
Assistants. In the contingency of SDGM not being available, the General Manager
of the concerned Railway will nominate another Officer of the rank of PHOD in
his
place in consultation with the Secret Ballot Committee.
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ii) Senior Deputy General Managers (SDGMs) of the Zonal Railways will act as
Returning Officers of their zones. They will be helped by the ADRMs (to be
nominated by name) who will act as Presiding Officers. Each Division will have
one Presiding Officer. In the contingency of the concerned ADRM not being
available,
DRM will nominate another suitable senior officer in his place in consultation
with the Returning Officer.
iii) Polling parties as per Annexure-IX will be nominated by the respective
Presiding Officers from amongst the Railway officers/officials as indicated in
para 19 of
Modalities. On receipt of these recommendations from the Presiding Officers, the
Returning Officers will sign the proforma giving their approval to the
appointment of
these polling teams. The proforma will then be sent back to Presiding Officers
to get signatures of all the staff. One copy of the signed proforma will be sent
to the
Returning Officers to establish that appointment letters have duly been served
on all the members of the Polling parties. Preliminary training/briefing of
Polling Parties
Briefing will be given to all the Returning Officers by the Secret Ballot
Committee on dates which will be advised later. Briefing to the Presiding
Officers will be
given by respective Returning Officers and the Presiding Officers will
brief the Polling Officers and Polling Assistants on dates to be notified by
them.
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Polling parties will report at the polling booths on each day at least two hours
before the scheduled time of Secret Ballot. Draft appointment letters for
Returning &
Presiding Officers are placed at Annexures VII & VIII. Annexure IX indicates
appointment of Polling Assistants and deployment of other staff for election
duties
besides the appointment of Polling Officers.
9. Publicity concerning Secret Ballot :
The Zonal Railways will give wide publicity to the decision of holding of Secret
Ballot by way of general notification by affixing notices on the notice boards
of Zonal
Railway Headquarters and advertisement in newspapers.
10. Filing of nominations :
10.1. The Union/s which meet the eligibility criteria as in (2) above and wish
to participate in the Secret Ballot may apply in a proforma (Annexure II) to be
obtained
from the Zonal Railway Administration before the last date as notified in the
election schedule.
10.2. Along with the application signed by President & General Secretary, the
Union must provide the following information/documents:-
i) a) Full address of the Union along with telephone numbers, if any;
b) Names and addresses of the central office bearers with their designations in
the Railways;
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ii) an authenticated photocopy of the accounts statement and annual returns for
the previous year submitted to the concerned Registrars
who control the territories falling within the jurisdiction of the concerned
Zonal Railway;
iii) a certified copy of the Union’s Constitution;
iv) a declaration by the General Secretary/Chief Executive of the union that all
rules and conditions notified in chapters XXV & XXVI of IREM, Volume-II are
acceptable to them;
v) an authenticated declaration by the General Secretary/Chief Executive of the
Union that they have read the modalities and Code of Conduct/Discipline in
regard to holding of Secret Ballot and the same are acceptable to them;
vi) A clear undertaking by the General Secretary/Chief Executive of the Union
that the results of the Secret Ballot will be binding on the Union
vii) an authenticated declaration by the General Secretary/Chief Executive of
the Union that the said Union has never discriminated on the grounds of
religion,
caste, gender or any other type prohibited under the law of the country;
viii) a declaration by the General Secretary/Chief Executive of the Union that
all information provided by the Union is correct and if any information is
found incorrect, the General Manager will be free to take any appropriate
action.
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ix) Supporting signatures of at least hundred Railway employees with name,
designation and posting station which is subject to verification.
11. Scrutiny of nominations :
i) All the nominations received from unions should be scrutinized by the
Returning Officer and a list of eligible Unions be drawn and displayed
within seven days’ time. .
ii) Both the eligible and ineligible Unions should be advised individually to
enable them to make submission to the concerned Returning Officer
within three days’ time to re-check the facts if there is any doubt.
iii) The eligible participating Unions should also be asked to submit a distinct
‘Symbol’ of the Union on which it is going to contest the
election. The ‘Symbol’ should not have any resemblance to the symbols allotted
to the political parties by Election Commission of
India. In case of any dispute concerning acceptance of a symbol, the decision of
the Returning Officer in this regard will be final.
12. Withdrawal of nominations :
For the withdrawal from participating in election, application, from the
eligible Trade Unions should reach the Returning Officer on or before the
specified date as notified in the schedule of election.
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13. Election Schedule :
13.1 The elections will be held simultaneously on all the zonal Railways
continuously for three days on dates which will be notified later from 8.00 hrs.
to
18 hrs. Election schedule once announced shall be followed even if some holiday
falls on the dates announced. The elections will be conducted under the overall
supervision of respective ‘Returning Officers’ to be notified by the Chairman,
Secret Ballot Committee. The ‘Returning Officer’ will be assisted by ‘Presiding
Officers’, ‘Polling Officers’ and ‘Polling Assistants’. These officials will be
notified separately.
13.2. The election schedule will be notified later.
14. Printing of Ballot Papers :
The Ballot Paper should be in a table format with Four columns, wherein in the
1st column the name of the contesting union as it appears in English should
be published and in the 2nd column the abbreviation used by the contesting union
as mentioned in English should be printed and in the 3rd column, the
abbreviation
used by the union in local language (if any) should be printed and in the 4th
column, approved symbol of the concerned Union should be printed.
Ballot Papers will be got printed under the supervision of the Returning Officer
mentioning the names of all the participating unions in an alphabetical
order, each with a distinct serial number.
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The total number of the ballot papers so printed along with their serial number
is to be intimated to the participating unions. Ballot paper should be printed
in a confidential manner and should not be printed in any of the Railway
Printing Presses.
Each ballot paper should be signed in ink on the top by the concerned Polling
Officer of the polling booth. Ballot Papers with running Serial Numbers
according
to the strength of the Zonal Railways should be got printed and a replica of the
Ballot Paper should be prominently displayed by the Railway Administration on
all
notice boards.
15. Polling Booths :
The decision about actual number of booths to be set up on each Railway will be
taken by the respective Returning Officers. However, Polling
Booths may be set up following a principle of one polling station for 1000-1500
employees. Each polling station will be supervised by a team of two supervisors
under the charge of a gazetted officer. For road side stations and Gang huts,
one polling station should be setup for 500 employees. The location of the
polling
booth for voters will be indicated in the voters’ list issued by Returning
Officer. The polling stations/booths will be set up near the premises where the
workers
normally work. The polling area will be adequately screened from any outside
exposure. There will be no canvassing/influencing of any voter near the polling
area on the day of election. The Returning officer will ensure that two RPF
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personnel are deployed at each Polling station. In sensitive areas, armed RPSF
Personnel may be deployed & assistance of the State Police may also be obtained
as per need.
16. Polling Agents :
Each contesting Union will nominate two Polling Agents for each polling booth.
The polling agents must be regular employees of the concerned
Zonal Railway. The Polling Agents should carry their identification proof to
establish their bonafides. These Agents will be shown empty ballot boxes before
commencement of polls; and boxes will be locked and sealed in their presence.
The Polling Officer will take signature of Polling Agents as a token of their
having witnessed locking and sealing of ballot boxes. The Polling Agents will
remain present throughout the polling and also at the time of counting.
17. Ballot Boxes :
Adequate number of Ballot Boxes will be provided at each polling station by the
Returning Officer with requisite stationery, sealing wax, etc. and these
would be sealed before the start of polling and after end of polling every day
in the presence of Polling Agents of the Unions and the Polling Officer or his
authorized representative. The Ballot Boxes may be borrowed from Election
Commissioner, if required.
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The Ballot Boxes will be kept either at polling booths itself or in the chambers
of specifically nominated Assistant Engineers, Gazetted Station
Superintendents and other Assistant Officers generally located within a distance
of 25-50 Kms. Exact position concerning this, will be notified by concerned
Returning Officer/Presiding Officer 15 days before the election date.
18. Vote Casting Process :
The vote casting process will be supervised by Polling Officers assisted by
Polling Assistants. Railway employees working as Personnel Inspectors/Welfare
Inspectors and other inspectorial staff of other deptts. will be deployed as
Polling Assistants. Staff of one division will be deployed on election duties in
the
adjoining division and not on the division where they are working. Similarly
Assistant Officers will be deployed to work as Polling Officers but not on the
division where they are posted but in the adjoining division. Further, any
officer who has been an executive member of any union when he was a class III or
class
IV employee will not be deputed on any election duty.
19. Casting of vote :
Staff should be spared invariably to enable them to cast vote. However, a
judicious approach is required to ensure that the crucial and sensitive train
operations work does not suffer.
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It is for this reason that voting has been allowed on 3-day basis to ensure that
all can vote without effecting train running. At the time of polling, the
Polling
Assistant will first score out the name of the employee/workman who comes for
voting from the master copy of the Voters’ list and put a mark with indelible
ink
on the voter’s left index finger and advise him thereafter to procure the Secret
Ballot Paper from the Polling Officer.
The Polling Officer will hand over the Ballot Paper to the concerned employee
after affixing his signatures thereon. The signatures of the employee
casting the vote shall also be obtained on the counterfoil of the Ballot Paper.
The employee will cast his vote by putting a mark in camera by the stamp kept in
polling booths for this purpose against the symbol of the union for which he
wishes to vote. The Polling Officer/Polling Assistant will ensure that the
Ballot
Paper is put inside the box in his presence.
20. Record of election proceedings :
At each polling booth, a register (proforma at Annexure III) will be maintained
wherein the entire proceedings followed during the election will be
recorded. Such entries will be signed by the Polling Officer & Polling Agents of
the respective Unions.
21. Security of Ballot Boxes :
After each day’s polling, the Ballot Boxes should be kept under the custody of
the Polling Officer/Assistant Officer or an officer specially nominated
for this purpose and should be properly guarded by deputing RPF/RPSF
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personnel. Similarly, while carrying the Ballot Boxes to the Presiding Officer
(nominated ADRMs), proper guarding arrangements should be made.
22. Close of the polling :
After the close of the polling, the Polling Officer shall furnish detailed
Ballot Paper account in the prescribed proforma(Annexure IV) indicating total
Ballot Papers received, Ballot Papers used, unused Ballot Papers available etc.
to the Presiding Officer. The sealed boxes will then be collected and carried
with
adequate security to the Divisional office where they will be deposited and then
the Presiding Officer will take the custody of these ballot boxes.
23. Counting of votes :
The Ballot Boxes will be opened in the presence of the Presiding Officer and
authorized Polling/ Counting Agents of the Unions. If the authorized Polling
or Counting Agents of any Union do not present themselves at the appointed time
& place during the polling or at the time of counting of votes, it will not
invalidate
the election or counting process and the polling & counting will proceed as per
schedule.
24. Invalid votes :
The Ballot Paper will be considered invalid when :-
i) Mark is put against more than one Union/Symbol;
ii) Mark is put on the divider line; and
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iii) The Ballot Paper contains any doubtful indication like name of the voter,
signature, any form of written message, etc.
In case of any dispute, decision of Presiding Officer will be final.
25. Election Report :
A statement, as per Annexure V, duly signed & certified by the Presiding Officer
shall be dispatched in a sealed cover to the Returning Officer through
Fax/or Special Messenger on day of counting itself.
26. Used/unused Ballot Papers :
The Used/unused Ballot Papers will also be forwarded on the last day of poll to
the Returning Officer via the presiding officer for retention & record.
27. Counting & Declaration of final result :
All sealed covers received from Presiding Officers containing election report &
Postal Ballots received will be opened by Returning Officer in the
presence of Union representatives to prepare & compile final election result
(Proforma at Annexure VI). The result will be declared by the General Manager
of the Zonal Railway.
Any dispute regarding elections/counting of votes shall be raised within three
days from the last date of election/declaration of result. After expiry of this
period, the result declared by the General Manager of the Zonal Railway will be
treated as final.
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Annexure-I
Code Of Discipline
All the contesting registered trade unions will have to give in writing that
they would observe the Code of Discipline.
I. Management and Union(s) agree -
i) that no unilateral action should be taken in connection with any industrial
matter and that disputes should be settled at appropriate level ;
ii) that the existing machinery for settlement of disputes should be utilized
with the utmost expedition ;
iii) that there should be no strike or lock-out without notice ;
iv) that affirming their faith in democratic principles, they bind themselves to
settle all future differences, disputes, and grievances by mutual negotiation,
conciliation and voluntary arbitration ;
v) that neither party will have recourse to (a) coercion, (b) intimidation, (c)
victimization or (d) go-slow ;
vi) that they will avoid, (a) litigation, (b) sit-down and stay in strikes and
(c) lockouts;
vii) that they will promote constructive co-operation between their
representatives at all levels and as between workers themselves and abide by the
spirit of
agreements mutually entered into ;
viii) that they will establish upon a mutually agreed basis, a grievance
procedure which will ensure a speedy and full investigation leading to
settlement ;
ix) that they will abide by various stages in the grievance procedure and take
no arbitrary action which would by-pass this procedure ; and
x) that they will educate the management personnel and workers regarding their
obligations to each other.
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II. Managements agree –
i) not to support or encourage any unfair labour practice such as (a)
interference with the right of employees to enroll or continue as Union members,
(b)
discrimination, restraint or coercion against any employee because of recognized
activity of Trade Unions and (c) victimization of any employee
and abuse of authority in any form ;
ii) to take prompt action for (a) settlement of grievances and (b)
implementation of settlements, awards, decisions and orders ;
iii) to display in conspicuous places in the Railway offices the provisions of
this Code in the local language (s) ;
iv) to distinguish between actions justifying immediate discharge and those
where discharge must be preceded by warning, reprimand, suspension or some other
form of disciplinary action and to arrange that all such disciplinary action
should be subject to an appeal through normal grievance procedure ;
v) to take appropriate disciplinary action against its officers and members in
cases where enquiries reveal that they were responsible for precipitation of
action by workers leading to indiscipline.
III. Union(s) agree –
i) not to engage in any form of physical duress ;
ii) not to permit demonstrations which are not peaceful and not to permit
rowdyism in demonstration ;
iii) that their members will not engage or cause other employees to engage in
any Union activity during working hours, unless as provided for by law,
agreement or practice ;
iv) to discourage unfair labour practices such as (a) negligence of duty, (b)
careless operation, (c) damage to property , (d) interference with or
disturbance to normal work and (e) insubordination ;
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v) to take prompt action to implement awards, agreements, settlements and
decisions ;
vi) to display in conspicuous places in the Union Offices, the provisions of
this Code in the local language(s) ; and
vii) to express disapproval and to take appropriate action against
office-bearers and members for indulging in action against the spirit of this
Code.
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ANNEXURE-II
NOMINATION FORM
1. Name of Union : -----------------------------------------------
2. Abbreviation used by union :
------------------------------------------------------
3. Abbreviation in the local language(if any):
---------------------------------------
4. Registration No. : ------------------------------------------------
5. Date of registration : (dd) ----------(mm)---------(Year)--------
6. Name & address of Registrar : -----------------------------------------------
of trade unions with whom -----------------------------------------------
registered -----------------------------------------------
7. Full address of the Union at
Zonal Hqrs. ----------------------------------------------
----------------------------------------------
----------------------------------------------.
Tel.No.------------------------------------
8. Names & address of Central ---------------------------------------------
Office bearers with their ---------------------------------------------
Designations in Railways. ---------------------------------------------
9. Whether the following documents
as stipulated in the Modalities have
been enclosed :
i) Accounts statement & Annual Returns Yes/No*
as on 31.12.2006;
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ii) Certified copy of the Union’s Yes/No*
Constitution;
iii) Last return Yes/No*
iv) Supporting signatures of at least Yes/No*
100 Railway employees with name,
designation and posting station (which
is subject to verification) ;
v) Names of two Polling Agents ;
1. ………………………
2. ……………………….
vi) An authenticated declaration by the Yes/No*
General Secreaty/Chief Executive of
the Union that they have read the modalities
and Code of Conduct/Discipline in regard
to holding of Secret Ballot and the same
are acceptable to them;
vii) an authenticated declaration by the General Yes/No*
Secretary/Chief Executive of the Union
that the Union has never discriminated on
the grounds of religion, caste, gender or any
other type prohibited under the law of the
country.
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viii) a clear undertaking that the results of the Yes/No*
Secret Ballot will be binding on the Union
for the purpose of obtaining recognition from
The General Manager.
(*Strike out whichever is not applicable)
DECLARATION
I, Shri/Km./Smt.----------------(Name & designation) S/o/D/o----------
holding the post of the President do hereby declare that all information
provided
as above by the Union is correct and if any information is found incorrect, the
General Manager/ Railway will be free to take any appropriate action.
Date : (Name in full)
Place : President,
(Name of the Union with full address)
I, Shri/Km./Smt.----------------(Name & designation) S/o/D/o----------
holding the post of General Secretary do hereby declare that all information
provided as above by the Union is correct and if any information is found
incorrect, the General Manager/ Railway will be free to take any
appropriate action.
Date : (Name in full)
Place : General Secretary
(Name of the Union with full address)
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ANNEXURE-III
--------------------RAILWAY
SECRET BALLOT--------------2007-08
RECORD OF ELECTION PROCEEDINGS
NAME OF DIVISION---------------
BOOTH No.---------------------------
DATE : ------------------
| Time (1) |
Total No.of Ballot Papers (2) |
Ballot Papers used (3) |
Serial No.of Ballot Papers used (4) |
Balance No.of Ballot Papers (5) 2-3 |
Signature of Polling Officer (6) |
Signature of Polling Agents (7) |
||||
| Position as at |
8.00 | |||||||||
| 8 to 13 hours |
||||||||||
| 13.00 | ||||||||||
| 13 to 18 hours |
||||||||||
| 18.00 | ||||||||||
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ANNEXURE-IV
------------------------ RAILWAY
SECRET BALLOT ----------------2007-08
BALLOT PAPER ACCOUNT
NAME OF DIVISION---------------
BOOTH No.---------------------------
1. Name & designation of Polling Officer : -----------------------------------
2. Number of Ballot Papers received
(with serial numbers) : ------------------------------------
3. Total No.of votes polled : ------------------------------------
4. Ballot Papers used* : ------------------------------------
(with serial numbers)
5. Unused Ballot Papers (S.No.2- S.No.4): -----------------------------------
(with serial numbers)
* should match with S.No.3.
(Name, designation & signature
of Polling Officer with date)
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ANNEXURE-V
-----------------------RAILWAY
SECRET BALLOT …………., 2007-08
PROFORMA FOR ELECTION REPORT
NAME OF DIVISION---------------
BOOTH No.---------------------------
1. Name & Designation of the Presiding Officer
------------------------------------------
2. Number of Ballot Papers received
--------------------------------------------------------
(with serial numbers)
3. Total number of voters
---------------------------------------------------------------------
4. Total number of votes polled
-------------------------------------------------------------
5. Total number of invalid votes
------------------------------------------------------------
6. Number of votes polled in favour of each Union :
| S.No. | Name of the Union | Number of Votes polled |
| i) | ||
| ii) | ||
| iii) | ||
| iv) |
Name(s) & Signature(s) of Polling
Name & Signature of Presiding Officer
Agents
Name
Signature
Name
Signature
------------------------------------- -
------------------------------------------------
-------------------------------------
-------------------------------------------------
-------------------------------------
--------------------------------------------------
-------------------------------------
--------------------------------------------------
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ANNEXURE-VI
Secret Ballot : 2007-08
Compilation of final result
________________Railway
| Division | Total No. of Voters |
Total Votes Polled |
Invalid Votes |
Net Valid Votes |
Total No. of Postal Ballots received |
Invalid Postal Ballots |
Net Valid Postal Ballots |
Total Valid Votes Polled |
No. of Votes polled in favour of each union ** |
votes polled calculated as a percentage of total Electorate i.e col 11 as %age of col 2 |
votes polled calculated as a percentage of total valid votes polled i.e col 12 as %age of col 9 |
||||||||||
| Name of Union | |||||||||||||||||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | |||||||||||