Southern Railway suspends train driver for 46-hour “rest break”

In an unprecedented move, the Southern Railway has suspended at least 29 train drivers/assistant train drivers and initiated disciplinary action against many more for being absent from duty for 46 hours.

The unions say this measure was taken after train drivers had taken the mandatory 16-hour rest period upon returning from field work, in addition to their weekly day off or periodic rest period of 30 hours.

After several protests and demands for the implementation of the prescribed rest periods were ignored, the train drivers started a protest on June 1st by taking the rest period to which they are entitled at the headquarters (16 hours) in addition to their weekly day off (30 hours).

Although most of the suspensions were lifted within a few days before disciplinary action was taken, the All India Loco Running Staff Association (AILRSA) expects the unrest to intensify and soon spread to other parts of the Indian Railways.

The suspension of the train drivers comes at a time when there are thousands of vacancies in the safety categories, especially for train drivers. This forced the railway company to advertise for the filling of 18,799 positions for assistant train drivers – against the backdrop of the increasing number of train accidents.

AILRSA claims that train drivers are being made to work long hours without adequate rest breaks as required by regulations, leading to stress and fatigue and, as a result, to incidents such as Signal Passing At Danger.

AILRSA Central Organising Secretary V. Balachandran was one of the train drivers who were suspended. Besides suspension, many train drivers were transferred or given minor punishments for participating in the protest.

“The Labour Ministry in 2001 and the Karnataka High Court in 2012 clearly ordered that we are entitled to four hours of head office rest (16 hours) and regular rest (30 hours) in a month,” says Balachandran. Despite being involved in these cases, the Railway Ministry has not implemented the orders to date.

“After taking all democratic options like demonstrations, dharnas etc., the only option left now is to do the rest ourselves without affecting train services. The protest will soon spread to other areas, which may affect train services and cause inconvenience to passengers,” Mr. Balachandran said.

Railway response

M. Senthamil Selvan, head of public relations at Southern Railway, said that as per the Hours of Work Regulations (HOER), the train drivers are normally scheduled for eight hours of duty, followed by eight hours of rest in the field or 16 hours of rest at the home station.

In addition, they were granted a rest period of 30 hours at their home station four times a month.

“These rules are followed in all 68 divisions of Indian Railways. These provisions provide adequate rest to the staff and have been in force for several years. There are no instructions from the Railway Board to change the above provisions,” he said.

When asked if it was true that the running staff had not been granted 46 hours of rest despite a court order, Mr Selvam said there was no rule providing for 16+30 hours of rest. “The 30-hour rest is to be granted four times a month by extending the regular rest period of 16 hours. So 30 hours is not more than 16 hours but a substitute for 16 hours of rest.”

On the suspension and action against train drivers, he said there were instructions from the Railway Board to apply the penal provisions of the Railway Act, 1989 for disrupting normal train operations. “In the present case, the same is being followed. Action has been taken against some employees under the Disciplinary and Appeals Rules for disrupting train operations in Thiruvananthapuram and Palghat districts,” he said.

In a letter to the Southern Railway’s general manager, AILRSA general secretary James KC said the 16-hour central rest period and the 30-hour periodic rest period were independent of each other. “The dispute begins when the railway cuts the 16-hour central rest period when the train driver or assistant train driver is taking periodic rest periods,” he said.

Regarding the suspension, transfer and other measures against the train crew, he said the situation appeared to be “becoming worrying and affecting the harmonious relationship between the locomotive crew and the administration.”