Times of India: Madurai: Wednesday,
April 23, 2014.
A writ
petition has been filed at the Madras high court Madurai bench against
additional working hours in the Tamil Nadu State Transport Corporation (TNSTC).
P Palanisamy,
a driver in TNSTC, Kumbakonam division (Pudukkottai) has filed the petition
stating that workers are required to work for more than 20 hours. He is also
the zonal secretary of Arvind Kejriwal Tamil Nadu General Workers Union. During
their journey, they have an interval of 15 to 30 minutes for breakfast, lunch
and dinner. On many days they missed their foods, Palanisamy said.
As per
Section 13 of the Tamil Nadu Transport Motor Workers Act, 1961, no worker
should be required or allowed to work for more than eight hours per day and 48
hours in a week. During festive season, the working hours can be extended to 10
hours and 54 hours respectively, said advocate P Ganapathi Subramanian.
Further, a
worker who works for more than five hours, should be given rest for at least 30
minutes as per Section 15 of the Act, he said. Contrary to this, the workers
are required to work for more than 21 hours per day and 63 hours in a week.
Palanisamy obtained information regarding this under the Right to Information
Act, which disclosed the illegal duty hours of the bus drivers.
Continuous
driving makes the drivers lose their concentration. Further, it causes fatal
accidents. Apart from it, the drivers are subjected to various health hazards.
Generally, their lives are at stake, the zonal secretary said. The additional
working hours affects the drivers' right to sleep, which is, according to the
Supreme Court's judgment, a fundamental right coming under Article 21 of the
Indian Constitution, he said. Further, the workers are not provided extra wages
for their overtime.
Twice the wages
should be given as per the above said Act, Subramanian said. Accusing the
commissioner of labour, he said the chief inspector/deputy commissioner of
labour (minimum wages) should ensure the provisions of the above said Act is
followed in letter and spirit, but, the concerned officer is never exercised
his powers. Hence, the petition has sought court's intervention in ascertaining
the working hours and to ensure wages for them. Further it has sought court's
help to restrain the transport corporation from engaging them in more working
hours.
When the
matter came up for hearing, the court directed the state's transport secretary,
deputy commissioner of labour, managing director of TNSTC (Kumbakonam) and
general manager of it to give their replies and adjourned the matter.
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