Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 1) sur la durée du travail (industrie), 1919 - Inde (Ratification: 1921)

The Committee notes the information provided by the Government in January 1998 in relation to a communication addressed to the ILO in 1997 by the Mahabubnagar District Palamoori Contract Labour Union. It also notes a communication from the Centre of Indian Trade Unions (CITU) addressed to the ILO in July 1998. Finally, with reference to its previous observation, the Committee notes the latest report of the Government, which contains information in reply to its previous comments, as well as the observations of the CITU and the Government's responses on the issue of the hours of work in the rail transport sector and their conformity with the provisions of the Convention.

With reference to the observation that it made in 1993, the Committee recalls that the Central Railway Mazadour Sangh claims eight-hour shifts for cabinmen, levermen, pointsmen and guardsmen and states that these personnel, whose work has been classified as "essentially intermittent", are providing services for traffic which is ten times greater than at the time of the adoption of the rules concerning their working hours. The Committee requested the Government to transmit the results of the most recent job analyses concerning these groups of workers. In its latest report, the Government states that job analyses are undertaken for each category of workers upon request and adds, by way of illustration, that pointsmen at Ghoradogri Station in Nagpur Division have recently benefited from a reclassification of their work as increased pressure of work gave rise to an analysis of their jobs. Noting the examples of the job analyses provided by the Government, the Committee requests it to indicate the manner in which the organizations of employers and workers participate in these analysis and classification procedures. In this respect, it wishes to recall the obligation to consult the representative organizations set out in Article 6 of the Convention.

The Committee notes the exchange of communications between the Government and the ILO on the question of a modification to the wording of Article 10 of the Convention. In this respect, it requests the Government to indicate the action that it intends taking as a result, and whether it envisages adopting measures along the lines proposed by the ILO.

With reference to its direct request of 1994, in which it recalled the allegations made by the Calcutta Dock Workers' Union, to the effect that since 1982, the escorts and guards employed by Coal India Ltd. have been working continuously for 24 hours a day without any break, the Committee notes that the Government confines itself to indicating that the allegations are incorrect and that escorts and guards work in shifts according to schedules that are in accordance with the legislation. It requests it to indicate the legal provisions which are applicable in this respect and to specify the available information which enables it to establish that the allegations made by the Calcutta Dock Workers' Union are unfounded.

With regard to the action taken in the courts against an employer in the Goa region for the violation of the industrial legislation that is in force on the grounds of the conditions of employment accorded to workers from the Palamoori region, the Committee notes the information contained in a communication of April 1997 from the Mahabubnagar District Palamoori Contract Labour Union, as well as a communication from the Government to the ILO in January 1998 providing copies of the decisions of the judicial bodies concerned. It requests the Government to continue providing such information, where appropriate, in accordance with point V of the report form.