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/
