Yes, Railways has an own Act ( XIII of the Indian Railways Act, 1989 ) which is for providing catering service static or mobile to the passenger and IRCTC a subsisiary of IR was established to upgrade and standard catering service to the passenger, now IR withdraw some of unit like Janahhar from IRCTC in the name of "departmentalize" , "non railways model" of catering policy,2010. and given to a new licensee for catering service
From India, Kolkata
3From India, Kolkata
Dear friend,
I've made a cursory study of the Railways Act,1989 and I am not able to find any provison in the Act making it obligatory on the part of the railways to extend catering services of food to the passengers. If you pin-point any such provision escaped my attention, it'll be useful for further discussion.
From India, Salem
I've made a cursory study of the Railways Act,1989 and I am not able to find any provison in the Act making it obligatory on the part of the railways to extend catering services of food to the passengers. If you pin-point any such provision escaped my attention, it'll be useful for further discussion.
From India, Salem
Dear Friends,
I would like to contribute / add in the subject matter as under:
Prior to 2010, all contracts of Indian Railways catering business were managed by IRCTC. IRCTC is wholly owned company of Indian Railways.
In light of Railway Budget Speech 2009-10 by Hon'ble Railway Minister, new catering policy 2010 is formulated. According to it, Zonal Railways has taken over the catering business from IRCTC except Food Plaza, Food Courts, fast food units. The base kitchens and the mobile catering services are taken over by the Zonal Railways from IRCTC.
The Zonal Railways are managing this business departmentally with specialized team of ex-cadre supervisors and officers up to senior scale, trained personnel from reputed Institutes of Hotel Management /Catering Institutes/Food Craft Institutes, etc. This has done with the objective to provide hygienic, good quality affordable food to the traveling public by adopting best trade and hospitality industry practices.
In the earlier system the IRCTC and its sub contractors were the contractors under the CLRA as stated by Shri. Umakanthan ji. Whereas in present system, there are no contractors.
The termination of contracts with IRCTC and in-turn, with sub contractors by IRCTC are the result of Government decision. In light of it, we should discuss the issue of termination of contract labours after 3-4 years of service without notice and compensation and pray of contract labour for reinstatement with full back wages.
From India, Mumbai
I would like to contribute / add in the subject matter as under:
Prior to 2010, all contracts of Indian Railways catering business were managed by IRCTC. IRCTC is wholly owned company of Indian Railways.
In light of Railway Budget Speech 2009-10 by Hon'ble Railway Minister, new catering policy 2010 is formulated. According to it, Zonal Railways has taken over the catering business from IRCTC except Food Plaza, Food Courts, fast food units. The base kitchens and the mobile catering services are taken over by the Zonal Railways from IRCTC.
The Zonal Railways are managing this business departmentally with specialized team of ex-cadre supervisors and officers up to senior scale, trained personnel from reputed Institutes of Hotel Management /Catering Institutes/Food Craft Institutes, etc. This has done with the objective to provide hygienic, good quality affordable food to the traveling public by adopting best trade and hospitality industry practices.
In the earlier system the IRCTC and its sub contractors were the contractors under the CLRA as stated by Shri. Umakanthan ji. Whereas in present system, there are no contractors.
The termination of contracts with IRCTC and in-turn, with sub contractors by IRCTC are the result of Government decision. In light of it, we should discuss the issue of termination of contract labours after 3-4 years of service without notice and compensation and pray of contract labour for reinstatement with full back wages.
From India, Mumbai
Sir(s),
So far as I understand there is no provision of regularisation of services of a contract worker as a regular worker under CLRA. Instead this Act has over-riding effect as laid down under section 30 of said Act. I think, in the circumstances as mentioned there is only one hope if the hon'ble High Court or Supreme Court,( if the case reaches at that stage), may decide in favour of workers on the same pattern as decided in judgment as mentioned by me in my earlier remarks as on prepage.
From India, Noida
So far as I understand there is no provision of regularisation of services of a contract worker as a regular worker under CLRA. Instead this Act has over-riding effect as laid down under section 30 of said Act. I think, in the circumstances as mentioned there is only one hope if the hon'ble High Court or Supreme Court,( if the case reaches at that stage), may decide in favour of workers on the same pattern as decided in judgment as mentioned by me in my earlier remarks as on prepage.
From India, Noida
Thank you Mr.Korgaonkar for your elaborate reply which makes us understand that it is the policy decision of the Govt. of India to run the catering services on " the non-railway model " to make it more hyegenic and affordable and on the implementation part the operations of base-kitchens and mobile service have been taken over by the Zonal Railways from the IRCTC except the ones you have mentioned;so far so good. But the larger question of rehabilitation of the displaced contract labour is still at large which needs to be discussed to find out an efficacious remedy like you said. As everyone of us is aware, payment of monetary compensation is one remedy and the other is the absorption of the displaced contract labour into the Railways as vehementally proposed by the Questioner and Harsh Kumar on the basis of the ratio decidendi of the judgments cited.In as much as the running of Railways is only a commercial activity and not a sovereign function of the State, my humble submission is that a mere change of the particular policy of the Govt. of the day in that commercial activity to enhance its efficiency and utility will not have any statutory flavour so as to compel the judiciary to order for abolition of contract labour system and consequential absorption of the contract labour engaged so far.I solicit more response on this score.
From India, Salem
From India, Salem
probably now the discussion is going to in a shape, thank you Mr. Umakanthan, let me get going in details of the 1989 Act. Thank you Mr. Harsh Kumar and Other Contributors, It is non doubt that each case is identical, degree of differences in process, and character But I request you to see some judgement of HC or SC which may be helpfull for this kind of large displaced contract workers.
Balawant Raj Saluja and another etc. vs Air India Ltd and others ( Supreme Court of India, Nov.2013) & State of Maharastha and another vs.Sarva Shramil Sangh, Sangil and others ( Supreme Court Of India, 21 Oct, 2013 & Lordship Mankandey Katju, Chandramaouli Prasad vs Binod Kr. Sharma Dead byLrs and decided on 1 September, 2011. Please more response on this
From India, Kolkata
Balawant Raj Saluja and another etc. vs Air India Ltd and others ( Supreme Court of India, Nov.2013) & State of Maharastha and another vs.Sarva Shramil Sangh, Sangil and others ( Supreme Court Of India, 21 Oct, 2013 & Lordship Mankandey Katju, Chandramaouli Prasad vs Binod Kr. Sharma Dead byLrs and decided on 1 September, 2011. Please more response on this
From India, Kolkata
mr. umakanthan,
sorry for referring you on the railways act 1989 as i also confused from some one, It is in Citizen Charter that Indian Railway is committed to provide catering service to passenger, but I think some thing like that some where. IR imposing fine on IRCTC due to providing bad quality food ? let me search on the issue.
From India, Kolkata
sorry for referring you on the railways act 1989 as i also confused from some one, It is in Citizen Charter that Indian Railway is committed to provide catering service to passenger, but I think some thing like that some where. IR imposing fine on IRCTC due to providing bad quality food ? let me search on the issue.
From India, Kolkata
Mr. Umakanthan & Other,
Now I am sure about providing catering service to the passenser by the Railways, please click on Indian Railway and go Chapter - catering and vending services and see 701. under section 144 of Indian Railways act,1989 ( 24 of 1989)
From India, Kolkata
Now I am sure about providing catering service to the passenser by the Railways, please click on Indian Railway and go Chapter - catering and vending services and see 701. under section 144 of Indian Railways act,1989 ( 24 of 1989)
From India, Kolkata
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