Leave Rules

Leave Rules 

(INDIAN RAILWAY ESTABLISHMENT CODE)

 502. Extent of application.  These rules shall apply to (i) Railway servants appointed on or after 1st February 1949; (ii) Railway servants appointed prior to 1st February 1949 who have elected to be governed by these rules; and (iii) others who are brought under these rules by special orders; (iv) a temporary Railway servant who has completed 3 years continuous service shall be entitled, from the date of completion of 3 years continuous service, to the same conditions of service in respect of question of leave (including leave salary) as he would have been entitled to if he held a lien on the post in which he was initially appointed.
General Conditions
 503. Right to leave    -    Leave cannot be claimed as of right and leave of any kind may be refused or revoked by the authority* competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Railway servant. *See schedule.
Railway Ministrys decision.The above provisions are not, however, intended to be so used as in effect to abridge to the employees leave entitlements. It is desirable in the interests of efficiency that employees take leave at suitable intervals and return to work keen and refreshed. The leave sanctioning authority should draw a phased programme for the grant of leave to the applicants by turns with due regard to the priority of claims to leave at the same time ensuring for adequate presence of staff so that no dislocation in the normal working of establishment is caused.
 504. Effect of dismissal, removal or resignation on leave at credit.(1) Except as provided in rule 541 and this rule, any claim to leave to the credit of a railway servant, who is dismissed or removed or who resigns from railway service ceases from the date of such dismissal or removal or resignation.
(2) Where a railway servant applies for another post under the Government of India but outside the Railways, if such application is forwarded through proper channel and the applicant is required to resign his post before taking up the new one, such resignation shall not result in the lapse of the leave to his credit.
(3) A railway servant who is dismissed or removed from service and is reinstated on appeal or revision, shall be entitled to count for leave his service prior to dismissal, or removal, as the case may be.
(4) A railway servant, who having retired on compensation or invalid pension or gratuity is re-employed and allowed to count his past service for pension or State Railway Provident Fund benefits, as the case may b3e, shall be entitled to count his former service towards leave.
Railway Ministrys decision
Break in Service due to strike.Strikes may be divided into two categories
(a) Legal strikes, i.e. those which have been called after complying with the provisions of the Industrial Disputes Act, 1947 and
(b) Illegal strikes, i.e. those in which the preliminaries to the calling of a legal strike have not been observed
Strikes falling under (a) above do not constitute a break in service and it would be appropriate for the Railway administrations to treat the period of absence as leave with or without allowances as the case may be without reference to the Railway Board.
In case of illegal strikes, however, the absence of the employees concerned is tantamount to a break in service and cannot be condoned without the sanction of the President.
When a break in service due to participation in an illegal strike is condoned by the President as dies non i.e. neither constituting a break in service nor counting as service such a period is deleted as being non-existing in so far as the particular employee or employees are concerned and therefore the status quo ante the interregnum is restored in all respects from the date following the last day of the period treated as dies non. In other words service prior to the break so condoned will be treated as continuous with the services after the break itself for all purposes but the period of break itself will not be taken into account for any purpose.
(Case No. E48 ST/191(L) & E 51.ST/1-44).
 505. Conversion of one kind of leave into another . (1) At the request of a railway servant made before he ceases to be in service, the authority which granted him leave may convert it retrospectively into leave of a different kind which was due and admissible to him at the time the leave was granted, but the railway servant cannot claim such conversion as a matter of right.
Provided that no such request shall be considered unless received by such authority, or any other authority designated in this behalf, within a period of 30 days of the concerned Railway servant joining his duty on the expiry of the relevant spell of leave availed of by him.
(Authority:- Railway Boards letter No.F(III)/98/LE1/1 dt. 5-2-98)
(2) The conversion of one kind of leave into another shall be subject to adjustment of leave salary on the basis of leave finally granted to the railway servant, that is to say, any amount paid to him in excess shall be recovered or any arrears due to him shall be paid.
Note.Extraordinarily leave granted on medical certificate or otherwise may be converted retrospectively into leave not due subject to the provisions of rule 528.
 506. Commencement and end of leave. Leave ordinarily begins on the day on which transfer of charge is effected and ends on the day preceding that in which charge is resumed.
 507. Combination of different kinds of leave. Except as provided otherwise under these rules, any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.
Explanation.Casual leave which is not recognised as leave under these rules shall not be combined with any other kind of leave admissible under these rules. There is, however, no objection to Casual leave being followed by quarantine leave.

ALLOWANCES

ALLOWANCES












(20)Children Education Allowance ( CEA) & Hostel Subsidy:

As per recommendation of 6th PC the CEA & Tuition Fees/ Hostel Subsidy has been merged together & are eligible to all Rly. Servant subject to the following conditions. W.e. f 01.09.2008

1. The Allowance is eligible from Nursery to 12th STD
2. Maximum upto first 02 child & studying in School Affiliated to Board of Education.
3. Performance criteria has been removed
4. The claims of Reimb. Such as Tuition fees, Admission, Spl. Fees for Agriculture, Electronics, Music, Practical fees under work experience.
5. Reimb of 01 set of Text book & Note Book
6. Two sets of uniform in a year
7. One set of School shoes
8. Annual ceiling fixed @ of Rs.12000/- to be claimed Qtrly. & amount not more than Rs.3000/- Claim of one time with maximum ceiling of Rs.12000/- is permitted
9. If both Husband & wife is working Only 01 can claim reimb.
10. The claim is admissible subject to submission of Original Receipt.

Hostel Subsidy is eligible @ Rs.3000/- pm per Child subject to fulfilling of usual terms & conditions.

( RBE No: 135/08 dt 1.10.08, 78/09 dt. 04.05.09 & 100/09 dt. 10.06.09 )
The condition of payment of H.S only on transfer account has been relaxed . It will also be paid to all staff who are keeping the child in Hostel of a Residential School away from the station they are posted/ or residing, irrespective of any transfer liability.
( R.B.No: E(W)2008/ED-2/4 td. 06.11.2009)

P R E M (Participation of Railway Employee in Management)

P R E M (Participation of Railway Employee in Management)

It was setup in the ministry of Railway in the year 1972 and the Zonal Railways in 1977.

On Indian Railways it is working on three-tier basis.

1. The Railway Board Level ( Corporate Enterprise Group of Labour of Management)
2. The Zonal Railway Level
3. The Divisional Railway Level

Object:


  • To have better and systematic participation of labour in management with the main objective of improving the efficiency viability of Railway organisation and building the image of Railways as a service organisation
  • To proved free flow of exchange of ideas on the running and shaping of Railway organisation
  • Apprise the investment programme particularly in regard to housing and welfare activities.

Note : Staff matters could not be discussed unless linked with the overall productivity of the organisation.

1. The Railway Board Level :

Chairman - Chairman Railway Board
Convenor - Secretary Railway Board
Administrative side - Members Railway Board, Advisers & ED’s,
Staff side - Four representatives of NFIR & AIRF each.
                 Four representatives of federation of Railway officers.
                 Four representatives of federation of promotee officers association

2. The Zonal Railway Level

Chairman - GM
Convenor - Dy. GM (G)
Administrative side - AGM &  PHOD’s
Staff side - Four representatives of NRMU & CRMS each
                Four representatives of Railway officers association.
                Four representatives of promotee officers association.

3. Divisional Railway Level :

Chairman - DRM
Convenor - Sr. DPO/ DPO
Administrative side - ADRM & Branch Executives
Staff side - Four representatives of NRMU & CRMS each
                Four representatives of Railway officers association.
                Four representatives of promotee officers association.
Meeting : once in three months at all three levels.

J C M (JOINT CONSULTATIVE MACHINERY)

J C M (JOINT CONSULTATIVE MACHINERY)

Object:

With a view to have harmonious relations between government and its employees in matters of common concern and with the object of further increasing the efficiency, the government of India have established a machinery known as the joint consultative machinery.

Subject matter :

JCM may discussed matters relating to conditions of service, welfare of employee and measures to improve efficiency and standard of work. No individual cases can be discussed in JCM.

JCM works at three-tier basis.

1. National Council
2. Departmental council
3. Regional council
1. National Council :
a) The national council will deal with matters effecting the all central government employees of different departments such as pay and allowances, minimum wages, weekly hours of rest etc.
b) Chairman : cabinet sectary of government of India.
  Administrative side- up to 25 members appointed by the government from different central government department.
Staff side : upto 60 members who will be nominated by the federation, recognised tread unions of different central government department.
Secretary : each side will appoint its own secretary
c) National council may appoint a comity of experts to study at report on any matter falling within its scope.
d) The subject agenda must be circulated one month in advance.
e) Any matter disposed off cannot be placed on agenda during next 12 months.
f) If there is no agreements between the two then the matter is refereed to the Board of Arbitration whose decision would be final and binding on both the parties, only parliament can change it otherwise it cannot be touched and remains in operation for a period of three years.
g) It must meet once in six months.

2. Departmental Council :

a) Every revenue earning ministry must have a departmental council
b) It deals with the matter effecting all Railway employees.
c) Chairman : Chairman Railway Board
Administrative side : upto 10 members nominated by the Rly board.
Staff side : upto 60 members nominated by AIRF & NFIR.
d) Subject agenda must be circulated one month in advance and of agenda items may also be put up with the permission of the chairman
e) It must meet once in 4 month.

3. Regional Council :

It deals with the common problems of the employees of a particular reason.
Chairman would be the senior most officer of that particular reason.
Both side will nominate their representatives.

P N M (Permanent Negotiation Machinery)

P N M (Permanent Negotiation Machinery)


It was founded by shri. V.V.Giri in the year 1951 when Shri. Lal Bahadur Shastri was the Railway minister of India.

Object :

With a view to maintain the contact with organised labour and to settle differences and disputes arising between organised labour and Railway administration a machinery has been setup and is called as permanent
negotiation machinery.

PNM was on three-tier basis

1. The Railway level
2. The Railway Board level
3. The Ad-hoc tribunal level

1. The Railway Level:

At Railway level there are further two levels

i) The divisional level/ store depot level/ workshop level
ii) The Zonal Railway level

i) The divisional level/ store depot level/ workshop level :

a) DRM/ Dy. COS/ CWM works as it’s chairman and the Sr. DPO/ DPO/ SPO/ APO works as its sectary.
b) Subject agenda must be circulated one month in advance. Out of agenda items may also be discussed with permission of chairman and chairman can discussed any item out of agenda.
c) Meeting : once in two month separately with representatives of NRMU & CRMS .
d) Matters discussed which comes within the powers of DRM/ Dy. COS/ CWN.

ii) Zonal Railway Levels :

a) Chairman- GM Secretary - CPO.
b) Subject agenda must be circulated one month in advance. Out of agenda items may also be discussed with permission of chairman and chairman can discussed any item out of agenda.
c) Meeting : once in three months separately with representatives of NRMU & CRMS
d) Matters discussed which comes within the powers of GM or which could not be settled at the divisional level.

2. The Railway Board Level :

a) Chairman- Member staff
Secretary - Dy. Director Establishment
b) Subject agenda must be circulated one month in advance. Out of agenda items may also be discussed with permission of chairman and chairman can discussed any item out of agenda
c) Meeting : once in three months separately with representatives of NFIR & AIRF.
d) Matters discussed which comes within the powers of Railway Board or which could not be settled at the Zonal Railway level.

3. Ad-hoc Tribunal Level :

a) The matter of important nature on which no agreement is reached upto the Railway Board level.
b) Chairman would be retired judge of High court or Supreme court having his own staff, and equal representatives of labour and administration.
c) The award given by the tribunal is not binding. The government may accept, reject or modify the award of the tribunal.
d) The matter settled by the tribunal or decision of tribunal once accepted by the government shall not be opened by unions for a period of two years.
e) Where the government reject or modify the decision of the tribunal then the same items may be raised at the end of the year by the union.

TRADE UNION ACT

TRADE UNION ACT

A Trade Union is a continuous association of wage earners for the purpose of maintaining and improving the conditions of workers and their lives. Salient features of the Trade Union Act, 1926 are -
1. This act was passed in 1926 to be implemented from 1.6.27.
2. Any seven or more persons can form an Association and get registration.
3. Registrar can withdraw or cancel the registration of union.
4. Legal protection shall be given to union office bearers against criminal proceedings, but that must be for union working only.
5. The union may raise separate funds other than subscriptions on purely voluntary basis for promotion of social or political interest.
6. Unions are to define their aim and objects for its constitution and maintain and get it audited of accounts.
7. Registrar can inspect the accounts and the unions books at any time.
8. If unions indulge in (a) unfair practices; (b) go for irregular strike; (c) submit false statements, the punishment would be total withdrawal of recognition/registration.
9. If employer (a) interferes in the working of union; (b) influences for against the union; (c) discriminates with any office bearers of the union;
(d) refuses to negotiate or deny privileges to unions, he/she is liable to be fined.
10. Rights and liabilities of trade union and the purpose for which the union fund may be utilised have been defined.

Advantages of Trade Unions

1. A boon for working class.
2. Brings all round improvements in working conditions.
3. Brings industrial peace.
4. Safeguards against the possibility of exploitation of the workers.

Dis-advantages of Trade Unions

1. Workers go on strike on flimsy grounds.
2. Hostile attitude towards improvements and improved method of production.
3. Go Slow policy reduces the national income.
4. Creates artificial scarcity of labour.

FACILITIES TO SC/ST RLY & EMPLOYEES ASSOCIATION

FACILITIES TO SC/ST RLY & EMPLOYEES 

ASSOCIATION 

Supply of circulars on Reservation Rules & Establishment or other relevant matters. Maximum two informal meetings in a year. Two card passes in 1st Class/AC Sleeper to President /General Secretary at Central and Zonal levels. Stay Facilities as available as per eligibility on payment of usual charges. Allotment of a suitable office accommodation at Board, Zone and Divisional levels. Special Casual Leave and special passes to not more than 20 office bearers to attend informal meetings at Divl./Workshop level.
Recognized Unions - Registered under Trade Union Act & recognized by the Government

Facilities to Union - 1) Through PNM 2) Through JCM Govt. as a whole. 2) SBF Membership 4) PREM 5) Staff Committees at important stations 6) Issue of card passes 7) Special CL for meeting 8) To hold meeting on Railway land with prior approval 9) Accommodation & telephone on rental basis 10) Space for 
notice board 11) Supply of copies of RB’s letters 12) Collection of subscription - 20 yards away from pay counter 13) Bearers cannot be transferred without two months notice 14) Foreign service contribution towards Pension/PF/Gratuity 15) Protection for holding meeting 16) Deputation for Union work with protection of promotion.

Transfer of Office Bearers of Recognized Union

If transfer is in the interest of Administration, sufficient two months notice is given. Fact brought to the notice of DRM/CPO. Any objection by Union, the decision of GM will be final. If transfer is within the same station from one Administration to another, this procedure/practice be followed. In case of periodical transfer as distinct from transfer to other special consideration & if GM does not cancel, the order of transfer may be allowed till next election/next 1 year. If transfer is on promotion, the Union be advised of the proposed transfer & pend till employee wishes to refuse the promotion. If transfer is at own request/mutual, there is no need to follow this procedure. Intimation is necessary. In case of following, only advice be sent. i) If Union official involves in a SPE case. ii) If transfer is from one section/department to another in same office. iii) If involved in gross violation of safety regulations, GM can transfer Union official.

Aim

1) To maintain harmonious relations between Officers & Organized Labours
2) Redressal of grievances of RSs
3) To maintain contact with Organized Labours
4) To solve disputes & differences bet. Organized Labours & Administration.

Railway Board                            Zonal                            Divisional


Chairman - MS                                         GM                                     DRM
Secretary - Advisor Staff                       CPO/IR                               SDPO
Members - 20                                             20                                      20
Quarterly                                            Quarterly                     Once in 2 months


Individual DAR cases are not discussed, however, no hard and fast rule regarding this. Only policy matters are discussed.

Maximum -30 items - 6 Items per branch allowed.