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Railway Employee sometimes finds himself in situations in which he is in conflict with the Railway administration. He has the right to approach court if he doesn't see other option. Ask your legal questions here

Industrial Disputes Act 1947

Objectives of the Act

  • Investigation and settlement of Industrial Disputes.
  • Smooth working of the Industries.
  • Well being of workers.
  • Promotion of the growth of industries.
  • Promotion of cordial relationship between

Ø  Employer – Employee

Ø  Employee – Employee and

Ø  Employer – Employer

Definitions

The Minimum Wages Act 1948

Aim

  • To secure minimum rates if wages in employments where wages are low.
  • To prevent exploitation of unorganized labour.
  • To ensure prompt payment of wages and overtime.
  • To stipulate working hours,

 

Applications

Factories Act 1948

The Government of India has enacted this Act during 1948 to provide safeguard to the workers against exploitation by the employers and to ensure their safety, health and welfare. This Act also provides minimum period of rest , payment of wages for extra hours of duty and enjoins on the employer certain obligation towards the employee.

Action taken from Railway Administration side in reply to a plea in CAT

Actions taken by the Railway Administration (Personnel Branch) 

  • As soon as an application is filed before the CAT, arrangements will be made to receive application along with accompanying documents (Annexure) through the nominated Railway Advocate.
  • Normally a Personnel Inspector is deputed to CAT in the forenoon every day.

The application can be opposed by the Administration at the admission stage itself inter-alia on the following grounds:

Central Administrative Tribunals (CAT)

  • Central Administrative Tribunal has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith.

Railway Services(Conduct) Rules 1966

Conduct Rule

  • Revised as per the recommendations of Santhanam Committee.
  • Prescribe standards of conduct expected of a Railway employee and members of his family.

Guiding Rules

  • Every Railway employee shall at all times-

(i) maintain absolute integrity;
(ii) maintain devotion to duty; and
(iii) do nothing which is unbecoming of a Railway employee.

Discipline and Appeal Rules (DAR) - Suspension

Suspension

  • Suspension is not a penalty.
  • An employee may be placed under suspension 
  1. When Disciplinary proceedings are pending against him OR
  2. When engaged in activities prejudicial to the state OR
  3. When a criminal case is pending investigation , inquiry or trial.

Deemed suspension

Discipline and Appeal Rules (DAR) Penalties

 Minor Penalties

Discipline and Appeal Rules (DAR) Appeal/Revision/Review

Appeal

Railway Servant (Discipline and Appeal) Rules 1968 (DAR Rules)

Constitutional Provisions

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