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Sunday 18 May 2014

Harassment of MMS Drivers by means ordering OT duty

ALL INDIA ASSOCIATION OF POSTAL DRIVERS AND ARTISANS.
MAIL MOTOR SERVICE, MADURAI @ DINDIGUL.624 001.
P.JOHNSON ARTHUR.                                R.SELVARAJ.                         T.C.KRISHNAN.           
President                                                Secretary                                  Treasurer
DEVENDRA  Vice  President.

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Lr. No. AIAPDA /CHQ.03 / 2013  dt : 18.03.2013.                                                   18.03.2013.

To
2.      The Secretary,
Deportment  Of Posts,
Dak Bhavan, Sansad Marg,
New Delhi 110 001.

3.      The  DDG (Estt) Allowances,
Deportment  Of Posts,
Dak Bhavan, Sansad Marg,
New Delhi 110 001.

4.      The Chief Postmaster General,
Office of  the Chief Postmaster General,
       Maharastra Circle,
Mumbai-400 001.
5.      The Sr. Manager,
Office of the Sr. Manager,
Mail Motor Service,
Worli, Mumbai-400 018.

Respected Madam/Sir,                                                                                                                                    
                                    
 Sub:  Harassment of MMS Drivers by means ordering OT duty   
                                                various  Depots of MMS in Mumbai.
 Ref:  My union Ref. letter No. AIAPDA/CHQ/11/ 2010 dt 14.09.2010.

We beg to lay down the following few lines for favor of your kind perusal and sympathetic consideration and favorable action please.                                                                                                                                                            
                                                                                                                                         Page 1 of 4.
2.         The OTA duty is now being ordered to be performed by MMS drivers  at MUMBAI  without citing any specific rule except it is stated as  “in the interest  of service “ which as per our UNION view point is  not in order.
 3.        Further OTA duty can be ordered only as an extension of normal duty {scheduled duty} when the normal duty could not be completed, within the prescribed hours of regular duty and that too only in exceptional circumstances and not as a routine. Whereas, in MMS Mumbai  it is a practice that a schedule duty of 8 hours to be performed by another driver is being ordered as OT duty in addition to regular duty which is not only irregular and also  against CONCEPT of  OTA rules as well as the provision of MOTOR TRANSPORT WORKER ACT 1961. Ordering of OT duty for 8hours in addition and beyond  to regular duty of 8 hours i.e (8 + 8 = 16 hrs ) will result in OVERTAXING the capacity of the driver and the driving the vehicle will not be in the same vigil ,when the duty is performed after 8 hours duty.
4.         The Sr. Manager MMS Mumbai has failed to take into account that the drivers, who performed duty of 16 hrs will have to report for regular duty of 8 hrs in the next day, which is though taxing, the drivers fearing for disciplinary action. This point may also be kindly seen. Uniformity in granting such OT duty is not maintained and FAVOURITSM is shown to certain set of drivers at the cost of other drivers particularly at Mumbai Airport Depot. For this purpose a OTA register should be maintained and be reviewed by the Head of office (Sr. Manager) and sign the register every month for having exercised his duty to conform no Injustice done or favoritism shown to the drivers .
5.         The Drivers in MMS Mumbai are forced to attend OT Duty even for more than 200 hrs to 400 hrs.  If a driver refuses the OT duty by citing genuine reason, disciplinary action will be initiated ate née.  So afraid of disciplinary action, the drivers perform PT duty even though their health condition does not permit.  The drivers are not working in the Office under fans.  They are driving the vehicles with stress and strain in the busy roads with heavy traffic.  Accidents may also happen due to stress.  If any                                                                                                                                                                                                                                                                                                                                  
                                                                                                                                       Page 2 of 4.
accident occurs, the loss will go only to drivers and their families and also to the Department.     

6.         Moreover the provisions of motor transport worker act 1961, also covers MMS Staff.  According to that no driver should be allowed to perform more than the schedule of 8 hours for local journey per day. Any deviation in this regard shall be punishable under that Act.
7.         In addition it stated that the OTA rules 1991 are not applicable for MMS drivers (as per 5E of OTA rules ibid). Kindly see the table which will depict how the drivers are drafted for on OT duty with discrimination. The OT duty granted to drivers in April‘ 2011 & May’ 2011 is detailed below .(Copy enclosed)                                                                                
Month Year
Below  10 hrs
Below 20 hrs
Below 30 hrs
Below 40 hrs
Below 50 hrs
Below 60 hrs
Below 70 hrs
Above 70 hrs
Above  100 hrs
Above 200 hrs
Above 400hrs
April 2011
05 Drivers
08 Drivers
28 Drivers
21 Drivers
20 Drivers
08 Drivers
16 Drivers
17 Drivers
15 Drivers
03 Drivers
01 Drivers
May 2011
10 Drivers
15 Drivers
19 Drivers
16 Drivers
25 Drivers
12 Drivers
12 Drivers
22 Drivers
29 Drivers
03 Drivers
NIL- Drivers

8.         A perusal of above statement will show that a certain set of drivers enjoying the freedom of not doing the OT duty or doing duty which is negligible compared to other drivers. It shows that the Sr.  Manager, has failed to curb the favoritism and also non enforcing the uniformity in granting the OT duty.
9.         Further, there is also a misconception of grant of C/Off for the OT duty performed on Holidays/Week days, it is held by the office that wherever a provisions of OTA rules 1991 applicable, only for such persons the grant  of C. off is not to be allowed. It is already stated the OTA rules 1991 ibid is not applicable to MMS drivers and whenever OT duty to be performed by MMS drivers on holidays, it is a birth right of the drivers to decide whether duty done on holidays/ weekly off days is to be treated as C. Off or paid by OT Allowance and the authority has no right to whatsoever to deny the C. Off when asked for.                                                                                                                                    Page 3 of 04.                                                                                                                                                                                                                                                                                                                                                 
10.       All the disciplinary cases that arouse in refusal of C. Off/OT duty should be withdrawn forthwith as it violates both OTA rules (MMS drivers) and also the provision of Motor Transport worker Act 1961.  This Association requests Honorable Secretary to intervene and issue necessary instructions to Sr. Manager not to grant OTA duty of an entire schedule of 8.00 hrs of another driver in addition to his regular duty of 8 hrs.  Taking into the consideration of the stress and also mental agony of the drivers when they are to perform duty in excess of 8 hrs and have to report for duty on the next day. This should also be taken into account while ordering OT duty. However it should not be full schedule duty of 8 hrs on OT duty.
11.       It is also pointed out that even the drivers performed OT duty under strain taking into account that shortage of staff at MMS, the Sr. Manager is bent upon issuing memos and also initiating disciplinary proceedings, when the drivers refuse to perform OT duty. When they refuse to perform OT duty in continuation of more than 8 or 16 hrs of continuous duty, unnecessary transfers without TA + DA, are issued by the Sr. Manager.  In some cases the promotions are also held up by citing the pendency of finalization of memos/ disciplinary cases which is highly irregular and also not conducive to for good administration. This may also be kindly be looked into and necessary orders be issued for withdrawing all disciplinary cases initiated by the Sr. Manager, MMS Mumbai.  He may kindly be instructed to maintain Roster/Register for performing OT duty and also avoiding partiality (particularly Airport (Depot).
12.       Once again this Association requests your good self the to intervene and streamline the grant of OT duty at MMS Mumbai to the best advantage of drivers and Department. This has already been brought to your kind notice vide my union Ref. letter No. AIAPDA/CHQ/11/2010 dt 14.09.2010. But no action has been taken till this date. (Copy enclosed)
   Thanking you Madam/Sir,
DINDIGUL.                                                                                                         Yours Sincerely,
18.03.2013.                                                                                                           /R.SELVARAJ/









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