Letter to Minister for Railways
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Selvi. MAMATA BANERJEE,
Hon’ble Minister for Railways
Rail Bhavan,
New Delhi 110 001.
I hope and wish that your good-self is very much aware of the fact that, we, the STATION MASTERS of Indian Railways, toil round the clock in transporting millions of tonnes of freight and lakhs of Passengers, with the motto ‘Service with smile’ to execute your ‘Vision 2020’.
We have decided to stage an Indefinite Hunger Fast during the Budget session at Delhi from 2nd March 2011 in order to achieve our 10 point charter of Demands. In this regard Dy.Director/Estt (LR) I, vide Board’s Lr No: E(LR)II/2010/ST1-10 dated 09.12.2010, have apprised all General Managers for appropriate action.
In this regard we wish to reiterate the following few lines for your kind information so as to maintain Industrial Harmony.
The International Labour standards are quite clear – Transport workers have the same Trade Union rights as workers in other Industrial sectors. Further, they also do have the right / freedom to form an Association and are also privileged to conduct activities that are covered by the Industrial Disputes Act of this Free Nation.
The ILO does recognize that the right to strike can be restricted or even prohibited by Governments in essential services. However, this is only where stoppages would mean a serious threat to life, personal safety or health. Hospital, utilities supply and telephone services can be designated as essential. But in the transport sector, the ILO has identified only air traffic control, since this service is essential to guarantee air safety. In all other areas of transport operation, the strict sense of the term “essential services” does not apply.
The ILO says that back-to-work orders, requisitioning orders as that of the letter in the reference, or the hiring of workers to break a strike in any of the sectors not strictly considered essential is a “serious violation of trade union rights”.
As per the Constitution of India, PART III, in FUNDAMENTAL RIGHTS Article-19, under the Protection of certain rights regarding Freedom of Speech and Expression, Freedom of Assembly, Freedom of Movement etc. and under (1)(c) i.e. to form Associations or Unions are accorded.
The Trade Unions Act, 1926 is a fountain head Act in India that provides varied rules and regulations related to Trade Unions. It has underlined wide range of provisions for the benefit of the labor mass. This Act states all modalities related to Trade Union registration to trade dispute resolution. The Trade Unions Act, 1926 has defined the role of Trade Unions and Trade Unions play a constructive role by acting as a pressure group in a capitalistic society. In fact Trade Unions act as an effective platform for the working class to enjoy their due rights without being exploited. To strengthen the fundamental rights of the voiceless working class Trade Unions are originated. Trade Union in India is engaged in protesting against the attacks on Trade Unions right, right to strike, reduction of social security. The main aims and objectives of this Act emphasizes on the reciprocal relationship between the employers and employees.
Our Association, AISMA came into existence in the year 1953 and has been registered under the Indian Trade Union Act, 1926; with the Registration No: NDD/09 and we are duly complying with all the procedures and formalities such as submission of Membership List, Audited Statement of Accounts etc., from time to time.
As such ours is a duly registered Trade Union under the Trade Unions Act and are free to settle to our disputes and demands thro the legitimate Trade union Actions.
We know our Rights, Privileges, Procedures and our limitations, as well, such as availing of Leave, Traveling authorities etc.. Though We have decided to stage a peaceful agitation on the path of the Father of our Nation, Gandhiji, I presume that the present Railway Administration is instigating us to plunge into a Direct Action.
In the general Interest of our Nation and the Railways in particular, we, the STATION MASTERS, request your good-self to intervene and advice the Railway Administration, forthwith, not to indulge in such unhealthy practices.
Further, once again, I, on behalf of the 35,770 STATION MANAGERS / STATION MASTERS fraternity, request your good self to mediate and expedite the orders to see the light at the end of the tunnel and let us, at least be granted the same in your address during the Budget session on the floor of Parliament.
THANKING YOU, Madam, resting best hopes on you and assuring you of all the co-operation from our end, for keeping up the name of the Indian Railways.
Thanking You,
Yours faithfully,
JOHN VINCENT KUMAR.U
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