Full text: Report of the Royal Commission on Labour in India

CHAPTER IX, ' 
type of worker earning Rs. 45 monthly or over is not entitled to leave but 
gets 15 holidays. Other railway workers also are said to be allowed gazet- 
ted holidays according to the exigencies of the service, which in effect means 
that they are not allowed to persons whose duties are connected with the 
movement of trains. To compensate for this, labourers employed in sheds 
and train-examining stations, station menials and others usually placed on 
the same footing as workshop employees, are entitled to about 15 days’ 
casual leave in lieu of holidays ; but, owing to the lack of reserve and 
other reasons, such leave is not always obtainable. Indeed, itis evident 
that many workers never receive any leave, although their duties require 
them to be on call every day of the year. On state-managed railways, 
several classes of monthly-rated menials earn leave under the Fundamental 
Rules, subject however to the condition that ‘ no extra cost ’ is imposed 
on the State. Yet on one of these railways, formerly under company 
management, office menials of one year’s service continue, under the old 
rules which were modelled on the Fundamental Leave Rules, to be 
entitled to a month’sleave on full pay, and other members of the menial 
staff are entitled to the leave privileses accorded to subordinate 
sta ff. 
Revised Leave Rules. 
The rules applicable to subordinate staff on state-managed 
railways differ widely from those obtaining on company-managed rail- 
ways. If the leave terms applicable to the subordinate staff, on state- 
managed railways in particular, were effective, in our opinion they would 
be too liberal and require revision. We do not believe it was the inten- 
tion of the framers of the Fundamental Rules that they should be capable 
of application to all classes of railway servants. In the recently revised 
leave rules issued for Government servants employed in the Railway 
Department, an effort has been made to bring railway practice more 
into line with railway service requirements. The ‘no extra cost’ 
condition is no longer to serve as a bar to lower grade employees taking 
leave, although such leave will not be cumulative. Provision has been 
made for leave on full pay, graduated according to service, for all workers 
of three or more years’ service, with an amount of specified leave on half 
pay under medical certificate. We are of the opinion, however, that the 
leave rules are capable of further improvement, and recommend 
continued examination of the whole subject in consultation with re- 
presentatives of the workers. In the workshops, for instance, employees 
are able to avail themselves of the many gazetted holidays with full 
pay, while this privilege is not possible for workers in other branches, 
most of whom for various reasons are unable to take full advantage 
of such casual leave as is permissible in lieu of holidays. In our opinion, 
these and other different conditions of service should be taken into 
account in framing and determining leave rules. Under the new rules 
the grant of leave continues, subject to the exigencies of the service ; 
it cannot be claimed as a right and may be withheld in cases of irregular 
attendance. An emplovee’s right to leave must naturally be subject to
	        
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