IREC Rule No.1511: Breach Of Rest Allowance
1511. Breach Of Rest Allowance:-
(i) (A) With effect from 01.08.1981, Breach of Rest Allowance shall be granted to the Running Staff (other than those excluded in terms of Clause-B below) who work a train to an outstation and return to their headquarters and are detailed for running duty;
(a) Before completion of 16 hours rest at headquarters when the total period of duty immediately before the rest was for 8 hours or more, and
(b) Before completion of 12 hours rest at headquarters when the total period of duty immediately before the rest was for less than 8 hours.
(B) Breach of Rest Allowance shall not be admissible to Running Staff manning suburban services or on shunting duty.
(ii) The allowance shall be payable as Overtime Allowance under Hours of Employment Regulations at the rate of 2 hours for every hour by which rest falls short of the prescribed hours of rest; periods of less than half an hour being neglected and those of half an hour or more being rounded off to one hour on each occasion of breach of rest.
[Authority: RBE No.80/1991, No.E(P&A)II/90/FE-2/3, 15.04.1991, ACS No.10 R-II And, RBE No.107/1991, No.E(P&A)II/90/FE-2/3, 14.06.1991, ACS No.11 R-II]
It is absolutely irregular, made by all divisions in all zones by these authorities, not being empowered by any order, under the proviso of article 309 of Indian constitution, that ” Taking undo advantage of rule 1511(B) of IREC, Vol-2, breach of rest is enforced on running staff, at out station, as well as, headquarters, by cutting rest at out station and headquarter rest and call GUARDs for running duties, without allowing breach of rest allowance to them which not essential practice under HOER 1969, HWPR Rules 2005 and IREC.” Every day, such above said work of running staff in breach of rest are regular ugly feature, as a whole, in Indian railways, use to do by authorities in abuse of their post in railways
Overlapping of headquarter rest(16 hours) and periodic rest (30 hours) in each and every week is regular ugly practice, informally and in malafide intention, imposed by divisional authorities of Indian railways, in order to cause work of running staff in breach of headquarter rest in every week. This ugly practice of divisional authorities in all zones of Indian railways needs to be changed with suitable compensation of breach of rest allowance to running staff for their everlasting losses of legitimate wage/ salary under IREC provisions, as mentioned in chapter of IREC.
It is to be remembered that violation of labour laws, wage rules/ act has no constitutional validity, may be violation of basic structure of Indian constitution, as such liable to immediate rectification.
It is not fair to call running staff of suburbban services for forcefully deploying to duties, as they are not allowed breach of rest allowance, this is done taking undo advantage of the provision of rule 1511(B) of IREC.