Transfer: Trade Union Office Bearers

No.E(LR)III/2004/UTF-2, dated 11.01.2005

Sub: Transfer of recognized Trade Union office bearers.

Ref: Board’s letter No.E(L)60/UTI-31, dated 19.02.1960.

As per the provisions laid down in the letter mentioned above, any proposal for transfer of an office bearer of a recognized trade union including branches thereof has to be communicated by the Railway to the union concerned who may bring to the notice of Divisional Officer and if necessary later to the General Manager any objection they may have against the proposed transfer. In case of no agreement at lower levels, decision of the General Manager is to be final. Sufficient notice is also required to be given to the Union of a proposed transfer so that the union can make alternative arrangements for carrying on work or making a representation against the proposed transfer.

However, in cases of a trade union office bearer being involved in a Special Police Establishment/ Vigilance case or where the Civil and Police Authorities have recommended immediate transfer of a Railway employee who is an office bearer of a recognized union on the ground of indulging in undesirable activities and affecting efficient functioning of the Railway, the procedure laid down in the preceding paragraph need not be followed. Instructions in this regard have been issued vide Board’s letter No.E(L)64UTI-113, dated 21.11.1964 and No.E(LR)75 UTI-176, dated 08.08.1975.

Recently there have been demands for initiating prompt action against the employees involved in sexual harassment of women and Committees have also been nominated at various levels to enquire into such cases. It has to be appreciated that the cases of sexual harassment are very heinous. The matter of taking prompt action for transfer of employees involved in such cases has been under consideration of Board. It has now been decided that the Railway administration concerned may take action to transfer out office bearers of unions without the consent of General Secretary of the concerned Union in cases where the Committee to enquire into cases of sexual harassment have come to the conclusion that such harassment had taken place and in such cases provisions as for transfer recommended by Vigilance may be followed. However, in all such cases General Secretary of the concerned union may be kept informed in writing about the reasons for effecting such transfer of an office bearer of the Union.

Download Railway Board Circular dated 11.01.2005

Forward reference ⇒ RBE No.