GENERAL MANAGER Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) The employment of the railway servants as Loco Pilots and Assistant Loco Pilots, who are the Loco Running Staff under the petitioner herein, is classified to be 'continuous' under Sec. 130 of the Railways Act, 1989 (hereinafter called as 'the Act'). The fourth respondent, which is an Association of the Loco Running Staff, made an appeal to the Regional Labour Commissioner for change in the classification of these running staffs from 'continuous' to 'intensive', as prescribed under Rule 4 of the Railway Servants (Hours of Work and Period of Rest) Rules, 2005 (hereinafter called as 'the Rules').

(2.) The Labour Enforcement Officer (L.E.O) had conducted a job analysis on a stationed Loco of Vaigai Express Train and recommended for changing the classification. The second respondent had accepted the job analysis and by an order dtd. 26/12/2011, had changed the classification from 'continuous' to 'intensive'. The appeal before the first respondent was rejected on 18/2/2013. Challenging these orders, the present Writ Petition has been filed.

(3.) Sec. 130(a) of the Railways Act, 1989, provides that the employment of a railway servant is said to be 'continuous' except when it is excluded or has been declared to be 'essentially intermittent' or 'intensive'. Clause (d) of Sec. 130, provides that such an employment would be 'intensive' when it has been declared to be so by the prescribed Authority on the ground that it is of a strenuous nature involving 'continued concentration' or 'hard manual labour' with little or no period of relaxation.