• No duty hours, no schedule of weekly rest in Indian Railways

I am working as a "Permanent Way Inspector(PWI)" in Indian Railways. I have no duty hours. No schedule of weekly rest. I am engaged for 24 hoursX7days. Can I file a case against Ministry of Railways, so that a duty of fixed hours in a day can be fixed for the said post?
Asked 6 years ago in Labour

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11 Answers

Hello,

Yes approach the HC and file a writ against the railways.

Also see you employment terms as to what they say about the working hours.

With all documents contact a local lawyer and file a writ against railways. Before that file RTI and enquire about the working hours for your job.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

As per the Factories Act 1948, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.

The Factories Act 1948, provides that every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.

The Minimum Wages Act, 1948 also specifies about the working hours under the rules 20 to 25 that the number of work hours in a day should not exceed 9 hours for an adult.

So any work out of this time would be treated as overtime .However overtime applies to workmen only and not for white collar employees lie engineers having managerial work profile.

In any event referring to these provisions of law you can send detailed presentation to the management to fix a working schedule so neither side can have any grievance agaisnt each other regarding working hours.

If this is not resolved amicably then Industrial Dispute may ensue for which a Reference can be given by the Ministry of Labour to initiate proceeding beofre the industrial Tribunal.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

Your work and responsibility should be defined, as also your work chart.

The above must be governed in terms of the service rules for the Permanent Way Inspector(PWI)" in Indian Railways.

Also, your working hours per week/day cannot exceed the max. specified under the labour laws of the land.

Move a representation in the instant matter and seek redressal of your grievances.

File a writ if no action is taken in the present matter despite your representation.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear Sir,

You should take such step, if you take such step individually, then you will be fixed for some other deficiency of work and your services will be terminated after summary departmental enquiry. Employee has no right to teach a lesson to the employer. Better see that your Union file a PIL or get it filed by any NGO. Other issues will be explained to you on phone because those issues are very sensitive. Hope you have understood the inner meaning.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Before filing a case, speak to your colleagues and if they are undergoing similar pain. Also, railway union will be able to help. If your service is governed as per the act governing service condition of railway staff, then you have to be treated on par with others.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

You are entitled to one weekly off

2) further you are entitled to casual leave and fixed duty hours

3) raise the issue with management

4) if there is no response escalate issue with labour union

5) going to court should be last resort

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

You Should make a written representation for you problem to the competent authority who has appointed you. If competent authority does not pay attention to you problem you may make complaint before higher Railway Authority and the Railway Ministry.

Raghuvir G. Chaudhary
Advocate, Ahmedabad
48 Answers
4 Consultations

5.0 on 5.0

First get a copy of your service rules and then see the terms of employment.

Kindly first raise the issue with the grievance cell and management in Railways.

Then if your issue is not resolved there is no satisfactory reply.

Kindly file by way of writ in high court as it is violation of service terms and your rights.

first consider filing internal complaint as the high court will firstly put up the question did you raise issue before railway authorities or not?

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes, file WRIT in High Court or before administrative Tribunal.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

Yes you can file a case. You can also approach the railway tribunal for the same. You can also approach labour court for the same.

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Nobody can be employed continuously with out any rest.

You will be having a roster for working hours along with others of your department carrying the same nature of duties.

First you clarify the issue with your department head and then make a representation to the higher authority in this regard and exhaust the available remedies before planning to initiate any legal action in this regard because it should not backfire.

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

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