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Demand Week Memorandum to Minister of Railways

No.Memorandum/2014/MR                                                                                          dt11.07.2014

To,

 

 Shri Sadanand Gowda Ji,

 Hon’ble Minister of Railways

 Government of India,

 New Delhi.

 

 Sub:- Memorandum to Minister of Railways

 Respected Sir,

  Bharatiya Railway Mazdoor Sangh (BRMS) is an industrial unit of Bhartiya Majdoor Sangh(BMS) represent more than 9 lakh Railway employees working in Indian Railway, It has been working since 1964 for the rights and welfare of the Railway employees, besides taking into consideration the progress and interest of the Nation as well.

  Besides Government has not given due attention to the major issues relating to railway employees. BRMS observed that the government has intended to weekend the unity of railway employees by out sourcing and contracting many of its services. This has caused immense damage to the executive organs of the constitutional Machinery besides potential security threat to the nation, as the character antecedent of such employee are not verified by any government agencies, as is done in the case of Government employees.

  Secondly, despites objection and protest against the new pension scheme the Government has passed the PFRDA act in the parliament which is against interest of Railway employees. There has been an intense of busting of pension funds in abroad resulting in huge losses to the pensioners. BRMS has demanded that the Government should continue the previous family pension to the Railway employees. When EPF beneficiaries, Armed Forces Personnel, Para Military Personnel and people’s representative (Hon’ble MP’s, MLA’s and other’s) are exempted from new pension scheme, there should be no compulsory implementation on the Government employees.

 BRMS demanded that the railway employees may be removed from the purview of the PFRDA and they may be allowed to continue with old family pension scheme. Most importantly the sky rocketing prices of various commodities have worsened the inflationary trained in the country and common man’s survival has become night mare. BRMS demanded the merger of DA into the basic pay for all purposes and increase in the taxable income ceiling up to ₹. 500000/- under the income tax would benefit of the railway employees. The detailed charter of demand of BRMS is annexed for kind perusal.

 BRMS has been writing to the ministry of Railway to resolve the demands and no action has been taken so far. Toremind the ministry about its duty to look into the welfare of Railway employee, BRMS has organized peaceful agitation programme of the employees on Indian Railway. In its contest a mass rally is organized at GM / DRM’s offices, PSUs , at various workshops / Sheds  all over Indian Railways are participating to express their solidarity to the organization and to demand the Government for early resolving of their long pending demand.

  We hope your honor will consider the demands sympathetically and initiate action for resolving the long pending demands positively in time bound manner.

 Thanking You!

 Mangesh Deshpande                                                                                Ramanand  Tripathi

President                                                                                                     Secretary General                                                                          

                                                               CHARTER OF DEMANDS

        Merger of 50%DA allowances into Basic Pay.

 5th CPC has recommended that whenever the dear allowances exceeds 50% , it should be merged in the basic pay. While 6th CPC had also observed that a portion (25%) of DA should be merged whenever it exceeds of 50% for certain part of the pay packet. BRMS has been demanding that it should be automatic as and when dearness allowance crosses 50% mark and it should be merged with the basic pay as there is no pay revision after 4 or 5 years as in the case of public sector/financial sector employees. It is stated that NDA Government had already merged the 50% DA of serving and retired employees for all purposes when it cross 50%.

  1.          New pension fund regulatory Development Authority Bill (PFRDA) should be scrapped and old pension scheme should be continued to all rail employee

BRMS has cited many examples before the Government and parliamentary standing committee about the flaws in the contributory new pension scheme (NPS) the meritorious, young energetic workforce joins the railway services only due to job, income and social securities. The provision of new pension scheme has taken away all the securities from the employees. Beside, the Government has refused to give any guarantee to the returned from annuities being invested by the employees under the NPS. Their have been instances about abroad that the pension fund managers defrauded the hard earned income of contributor and played with life of pensioners the NPS has no linkage with the cost of living index.

BRMS there for demand that the NPS should be withdrawn and old pension scheme should be restored to employees joined on or after 01.01.2004

 3.       Grant of Rs. 7000.00 as interim relief.

Government of India totally failed to take effective measures to arrest the spiraling price rise and contained inflation. Dearness allowance which is paid to neutralize the inflation is not sufficient and employees are facing hardship. Their is delay to announce the recommendation of 7th CPC.

BRMS demand that Government should announce at least Rs. 7000.00 as interim relief to meet out the arrogant expenses due to inflation.

 4.       Exempt Railway Employees for Income Tax limit.

Worker is not earning income. They laboured for the Bread of their family and nation. Salary/ wedges cannot be count to earn income; hence direction of Income Tax from the livelihood salary/wedges is totally injustice and amount to be quashed.

BRMS is there for strongly condemned Income Tax from the employees and demand to totally exempt the employees from Income Tax limit.

 

 

 

 


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CHARTER OF DEMANDS

1.       Merger of 50%DA allowances into Basic Pay.

        5th CPC has recommended that whenever the dear allowances exceeds 50% , it should be merged in the basic pay. While 6th CPC had also observed that a portion (25%) of DA should be merged whenever it exceeds of 50% for certain part of the pay packet. BRMS has been demanding that it should be automatic as and when dearness allowance crosses 50% mark and it should be merged with the basic pay as there is no pay revision after 4 or 5 years as in the case of public sector/financial sector employees. It is stated that NDA Government had already merged the 50% DA of serving and retired employees for all purposes when it cross 50%.

2.       New pension fund regulatory Development Authority Bill (PFRDA) should be scrapped and old pension scheme should be continued to all rail employee

BRMS has cited many examples before the Government and parliamentary standing committee about the flaws in the contributory new pension scheme (NPS) the meritorious, young energetic workforce joins the railway services only due to job, income and social securities. The provision of new pension scheme has taken away all the securities from the employees. Beside, the Government has refused to give any guarantee to the returned from annuities being invested by the employees under the NPS. Their have been instances about abroad that the pension fund managers defrauded the hard earned income of contributor and played with life of pensioners the NPS has no linkage with the cost of living index.

BRMS there for demand that the NPS should be withdrawn and old pension scheme should be restored to employees joined on or after 01.01.2004

3.       Grant of Rs. 7000.00 as interim relief.

Government of India totally failed to take effective measures to arrest the spiraling price rise and contained inflation. Dearness allowance which is paid to neutralize the inflation is not sufficient and employees are facing hardship. Their is delay to announce the recommendation of 7th CPC.

BRMS demand that Government should announce atleast Rs. 7000.00 as interim relief to meetout the arrogant expenses due to inflation.

4.       Exempt Railway Employees for Income Tax limit.

Worker is not earning income. They laboured for the Bread of their family and nation. Salary/ wedges cannot be count to earn income; hence direction of Income Tax from the livelihood salary/wedges is totally injustice and amount to be quashed.

BRMS is there for strongly condemned Income Tax from the employees and demand to totally exempt the employees from Income Tax limit.

 5.       MACPS benefit on completion of 05, 10, 15 years service should be given in the promotional hierarchy:

Assured carrier progression scheme and modified assured carrier progression scheme have given 02 and 03 financial upgradation in 24 & 30 years regular service respectively to provide safety net to deal with the problem of genuine stagnation and hardship faced by the employees due to lake of adequate promotional avenues. In the OA number 1038/CH/2010 the Hon’ble CAT Chandigarh wide its order dated 30.05.2011 granted the prayer to grant MACP benefit in the hierarchy of promotional grade. The Hon’ble Supreme Court vide SLP No. 7467/2013 also confirmed the same.

BRMS their for demand that the MACPS be implemented on the completion of 05,10,15 years in the promotional hierarchy.

6.       Representative character and limited trade union facilities to BRMS.

There are 25 registered trade unions under the TU 1926 affiliate of BRMS working under Indian Railway on zones production unit and RDSO.

BRMS is representing railway employees to a considerable extent with the sole objective of maintenance of cordial relation with railway administration and settle the genuine grievances and welfare of railway employees. Despite of all odds the membership of the BRMS affiliate unions is about 7 Lakhs.

BRMS demands that at least minimum facilities such as offices notice board and correspondence and meeting be awarded to safe guard the interest of workers and nation as well.

Implementation of budget proposal/announcement by Minister of Railways at the time of railway budget the earlier Minister for Railways had announced so many welfare scheme such as opening of Medical, Engineering, Nursing colleges, Central School inclusion of parents (Father & Mother) in the medical facilities announcement had been passed by The Parliament, but the same has not been implemented as yet.

BRMS is of the opinion that not implementing of such announcement is contempt of the “Sansad” hence these must be implemented as early.

7.       Club grade pay Rs. 1800, 1900, 2000 with grade pay of Rs. 2400

This is the first time in the history that Government tactfully delayed the 6th CPC recommendation announced its implementation without any discussion in the National Council JCM ignoring the genuine demand of lower level employees (i.e. in the pay band 1 & 2) while group A services alone have two pay band i.e. PB-3 & PB-4 and the Government find no injustice in putting group C and group D in post in PB-1. As Government has accepted the recommendation that their should be no group D post and they will be treated as group C. BRMS had demanded to narrow down the gap between lowest paid and highest ratio should be atleast 1:10 and demanded minimum salary as Rs. 11000.00.

Therefore, BRMS strongly demand to merge the grade pay of Rs. 1800, 1900 and 2000 in the grade pay of Rs. 2400.

8.       Anomalies of 6th CPC shorted out and disposed off.

      The Government has setup the anomalies committee (National and Departmental) in the month of Feb – 2010 the tenure of the committee was 6 month. Four year has been passed but the committee  has not yet submitted its reports where as 7th CPC has been announced by the Government of India hence BRMS demands  to short out and disposed all the anomalies  with in a target time.

9.       Introduction of IPAS in the IT on Indian Railways.

On Introduction of the IPAS system on Indian Railway the job of the Data Computing, Processing and Bill printing has been taken over by the Bill Drawing officers and all accounts branch activities like cash book, revenue allocation register has also been taken by the account branch now the IT centre at divisions are to be migrate to IT resource centre and need to provide the under noted facilities to departments:-

  1. Computer System Management – Responsibility for installation maintenance and efficient management of Computer System including hardware and system software.
  2. Technical Clearance of Computerization proposal on Railway.
  3. Liaison coordination with maintenance contractor.
  4. Computer Network Management.
  5. Application Coordination.
  6. Training Coordination.
  7. Software Library Technical references.

A detailed guide lines to Division need to be issued by Board in this respect.

10.    Abolish the Contract system and regularize the contract worker and of the departments.

In the name of outsourcing  the services of contract workers are being hired in the railway establishment/workshops without considering whether process, operation of other work is incidental to or necessary for the industry, whether it is perennial nature, whether it is done ordinarily through regular workman, whether it is sufficient employee considerable number of whole time workman. The contract labours are exploited by contractors by not paying their due and legitimate salary and facilities.

BRMS therefore demands that contract system should be abolished and contract workers should be regularized in all departments with their full pay as permanent rail employee.11.    Enhancement of Benefit of Central Government Employees Groups Insurance Scheme. To Rs. 5 Lakhs minimum.

The Central Government Employees Group Insurance Scheme was introduce in Jan – 1982 to provide insurance cover to the employees so as to enable their families to get a lump sum amount in the event of employee’s death. The Scheme also envisages a lump sum payment on cessation of employment. The Scheme is wholly contributory and is run on self finance basis.

 

The rate of subscription and the insurance cover under this scheme vary for different group. Subscription under the scheme is apportioned between the insurance fund and saving fund in the ratio of 30:70. The rates of monthly subscription as well as the insurance cover are supposed to be revised periodically. The present rate of subscription and insurance cover for the different categories of employees are Rs. 15000.00 respectively for lowest category of Government employees since Jan 1990 (i.e. due to implementation of 4th CPC recommendation).

To restore the actual value of insurance cover provided under the scheme BRMS demands that the present amount for various categories should enhance to Rs. 5 Lakhs as a minimum payment to lowest cadre.

12.    Enhance the interest rate of General Provident Fund.

Government Employees are getting interest rate of 8.5% only on their GPF for the last year where as earlier this rate of interest was 12%. The Reserve Bank of India has increased their repo and reverse repo rate from time to time in the recent past. The rate interest on personal loan, Auto Loan, Home Lone and Corporate Loan has also been increased. The Central Government gains the interest on employee’s GPF money by investing the same in different sector. Therefore, the employee should also get benefit of their growing money. Whenever the Reserve Bank increases its repo and reverses repo rate, the Banks increase their rate of interest on different types of loan. The rate interest on GPF should also be increased accordingly.

BRMS therefore, demands to increase the rate of interest on GPF at rate of 12% so that GPF account holders may get their rightful justice.

13.     FDI should not be allowed in Government departments specially Defence & Railways:-

The Government on 16.07.2013 liberalized FDI limit in twelve sector: 100% FDI in Telecom sector, the Government also raised FDI in defence sector from 26% to 49% in insurance sector from 26% to 49% in case of PSU oil refineries commodities bourses, power exchanges, stock exchange and clearing corporations. FDI will be allowed upto 49% under automatic rout, in basic and cellular services, FDI was raised to 100% from current 74%, FDI upto 100% was allowed in courier services, in credit information firms 74% FDI etc.

People with vested interested in the machinery are pressing for FDI. It has been observed recently that while the level of FDI tend to be resilient during periods of economic uncertainly, It has the potential of adversely affecting the net capital flow of a developing economy especially of it does not have a healthy and sustainable FDI schedule. It has also been observed that the FDI is leading towards corruption, which is already a threat to our country. The prime and major disadvantage or threat due to FDI in defence sector is security.

BRMS therefore, demands that FDI should not be allowed in Government department specially in Defence and Railways.

14.    There should be 02 dates of annual increment i.e. 01st January and 1st July so that all the employees may be granted the incremental benefit on completion of 12 months.

The provisions of F.R. 26 confers the right to be granted next increment on completion of 12 months and as per F.R. 24 increment shall ordinarily be drawn as a matter of course unless it is withheld. But rule 10 of CCS (RP) Rules 2008 states that employees completing 06 months and above in the raised pay structure as on 01st July will be eligible to be granted the next increment whereby an employee who is appointed after 01st January to 30th June in any year will get in his next annual increment on completion of 13 month to 17 months of regular service.

BRMS therefore, demands that there should be 02 dates of annual increment i.e. 01st January and 01st July so that all employees may be granted the incremental benefit on completion on 12 months.

15.    All Cadre review & Restructuring of employees should be expedited.

It has been noted that the nodal ministry (DoP & T) have issue instruction for periodical cadre review on every 05 years but has not been completed ever by any Ministry/Directorates and not only this but the proposal review are kept in pending since long.

BRMS therefore demand that a permanent cell of improve after concerned from finance ministry, law labour Dop etc. should be constituted in all the ministry so that the cadre review & recruitment rule of group B, C & D may be revised expeditely.

16.    All the vacant posts should be filled up forthwith:-

Around 30% posts were either abolished or vacant in various Government departments since long due to implementation Annual direct Recruitment Plan (ADRP) and recently due to ‘Observance of Austerity Measures imposed by the Ministry of Finance’ which states that (i) there will be total ban on creation of Plan and Non-Plan posts, (ii) posts that have remained vacant for more than a year are not to be revived except under very rare and unavoidable circumstances and after seeking clearance of department of Expenditure. To reduced the sanction strength of employees.

 

This is causing considerable shortage of human resources in various departments, hampering the working and output of the Govt. Organizations. Many Government departments have engaged retired personnel against these vacant posts as consultants, which is adding up the woes to rising unemployment situation in the country.

BRMS demands that all vacant posts along with posts abolished or surrendered in various establishments should be filled on priority by lifting the ban on direct recruitment.

Railway Board had order to implement Man power planning by surrender of posts higher & fire by matching surrender       Bench marking &  by clubbing of post by the name or multiskelling & re-designation  of post.

17.    Remove the Bonus ceiling of Rs. 3500/- and all should be given the Bonus on the basis of Basic Pay plus D.A.:-

Minimum salary of Government employees has been fixed Rs. 5200 plus 1800 Grade Pay and besides that Dearness Allowance is also payable to neutralize the price rise. Hence, all the employees are drawing wages not less than Rs. 7000 plus DA per month and as such circumstances, Bonus ceiling of Rs. 3500/- is illogical.

BRMS therefore, demands that the Bonus ceiling of Rs. 3500 should be removed and Bonus should be paid on the basis of Basic Pay plus D.A.

18.    All employees should be paid Gratuity at the rate of 30 days per month instead of 15 days and remove the ceiling of 33 yrs.:-

The Payment of Gratuity Act amended so that employees may be paid gratuity at the rate of 30 days per month instead of 15 days and remove the ceiling of 33 yrs because the new entrants are not joining the job in early ages due to better education facilities Government had also extended the age limit of reemployment up to 35 years hence they will not be able to complete there service up to 33 yrs. Being retirement       and the payment of double amount of gratuity will make the employees, staff and officers more prosperous which will give a better return to the society.

19.    Recruited and Promote should  be granted entry pay at par:-

The pay on promotion should not be less than the entry pay in the revised pay structure for direct recruits appointed on or after 01.01.2006 as per Section II, Part-A of First Schedule of Notification of Ministry of Finance (Department of Expenditure),  dated 29th Aug, 2008.

 20.    Inclusion of parents in pass rules.

Now as per decision of Hon’ble Supreme Court the mother and father are member of family and son/daughters are legally bound to look after them.

BRMS therefore, demands that parent may be included in pass rules and age of depended son may be removed.

21.    Simplification and modification of LARGESS scheme.

The LARGES scheme for the railwaymen is being implemented for the selected categories (safety) only where as the union demand if the scheme be open to the all staff irrespective of categories, grade pay it will be much more beneficial to the railways as well as satisfy the employee’s demands.

22.    All the period spend as casual/labour substitute/temporary status by any employee be counted as permanent employment for all purposes.

23.    Carrier Progretion of Account staff.

Grade pay and salary of Account Asst be upgraded. There should be system and rules open for promotion and up gradation of account assistant that are not able to qualify the appendix I.II.III.

 

Increases the safety allowances of shunt man Points Man and Gate Man should also be granted safety allowances.

24.    Declare workshop and production unit staff as safety category.

Employees working in workshop and production unit be declared as safety staff. They must be supplied safety jacket and full uniform, safety shoe. Their service condition pay package should be upgraded accordingly.

Carrier progretion, service condition, pay package and fringe benefit of P.Way staff specially track maintainer and Safai Wala category must be improved. The working condition of these staff is very hard, hazardous and dangerous. They work in dangerous and anti weather condition but get minimum salary and benefit, promotion channel are limited and ignorable. Their service must be acknowledged and treated as important.

25.    Carrier Progretion of Running Staff, Station Master and Pharmacist

Avenue promotion of running staff of Loco Pilot, Guard are limited. There is only two grade pay of this category. Special allowances are paid only the employee who are working on Mail/Exp train other ignored. It is very necessary to increase the grade pay slab a special allowances to all running staff. The initial grade pay of station master and pharmacist category should be Rs. 4200/- start from their date of appointment.

 

26.    Allotment of Grade Pay Rs. 2800/- to all technical category

All the technical employees working as Gr –I, II and III are doing the same job by the same tools, method, technique and by the same materials, but there is discrimination in allotment of grade pay. Hence the post of technical categories be merged and GP of Rs. 2800/- allotted to them.

27.    Allocated 50% Post under GDCE scheme.

More than 20% post of vacant in the higher grade due to which administrative work is suffering badly. RRB is unable to fill up the post in time. BRMS is of the opinion that these post must be filled up as early as by GDCE and the employees who has ever the past in these examination be treated at par with direct appointment for the sake of MACPS.

28.    Stop professional tax where it is realized.

Railway/Govt. employees are serving the nation by their brain, body and blood they are not doing any profession. Hence the railway employee must be exempted from the professional tax.

29.    Commutation of Pension should be restoring after completion of 12 years.

The period of commutation of pension is being calculated for 12 years; where as the restoration of full pension is being done after a gap of 15 years. However the Hon’ble Supreme Court has also awarded in the case of “ Common cause and other v/s Govt. of India (1987) AIR 210/1987 SCR (1) 497 dt – 09.12.86 that old commutation table should be re schedule ” BRMS demand that commutation of pension should be restore at 12 years in instead of 15 years.

30.    Remove 12 hour duty roster.

ILO has passed in its first meeting at Washington in the year 1919 that there would be maximum 8 hours duty by labour. Govt. of India had rectified this Resolution in the year 1932. It is a great concern that the same has not being implemented as yet in toto and still there is a in human 12 hours duty roster in some places. This must be removed and their must be maximum 8 hours duty roster and maximum duty of 40 hours in a week.

31.    Club all the cash handling Commercial Staff into one cadre.

Railway had club the post of booking clerk and goods clerks and re-designated them as Commercial Clerk. Now in these days PRS centre are being managed by Commercial Staff also. They are doing work ECRC also. In the near future due to computerization of railway working the work of Commercial department will be done by a single window. Hence the Commercial Clerk and ECRC be merged into one category they must be paid cash handling allowance as per Bank Employees.