Text of Section 135:
- Subject to such rules as may be made in this behalf, the Central Government may appoint supervisors of railway labour.
- The duties of supervisors of railway labour shall be: (i) to inspect railways in order to determine whether the provisions of this Chapter or of the rules made thereunder are duly observed; and (ii) to perform such other functions as may be prescribed.
- A supervisor of railway labour shall be deemed to be a Commissioner for the purposes of sections 7 and 9.
Detailed Explanation:
Section 135 of the Railways Act, 1989 outlines the appointment, duties, and powers of supervisors of railway labour, who are responsible for overseeing the implementation of rules and regulations related to railway employees. This section grants the Central Government the authority to appoint supervisors and specifies their role in ensuring compliance with the law, along with other responsibilities.
Sub-section 1: Appointment of Supervisors
- Appointment by the Central Government: The section gives the Central Government the power to appoint supervisors specifically tasked with overseeing railway labour. This ensures that there are dedicated officials responsible for ensuring that the provisions related to railway employees are properly implemented.
- Subject to Rules: The appointment and function of these supervisors are subject to rules that may be made by the Central Government. These rules can provide specific details on the qualifications, responsibilities, and powers of the supervisors.
Sub-section 2: Duties of Supervisors of Railway Labour
The section specifies the primary duties of supervisors of railway labour:
- Inspection of Railways:
- The supervisors are required to inspect the railways to ensure that the provisions of this Chapter of the Railways Act, 1989, and any related rules, are being followed. This includes checking if railway labour laws are being implemented properly and if the working conditions of railway employees comply with the prescribed standards.
- The role of these supervisors is crucial in monitoring the implementation of regulations that affect the welfare and working conditions of railway employees.
- Other Functions:
- Supervisors may also be assigned other functions as prescribed by rules. These functions can be expanded or detailed by the Central Government depending on the needs and the evolving regulatory framework.
Sub-section 3: Supervisor as Commissioner for Specific Purposes
- Deemed to be a Commissioner: A supervisor of railway labour is deemed to be a Commissioner for the purposes of Sections 7 and 9 of the Act.
- Section 7 deals with the powers of inspectors and officials to inspect railway premises and ensure compliance with the provisions of the Act.
- Section 9 deals with the enforcement of penalties for non-compliance with the provisions of the Act.
- This designation as a Commissioner gives the supervisor legal authority and powers related to inspection and enforcement, strengthening their role in ensuring that the provisions of the Act are adhered to.
Interpretation and Practical Impact:
- Regulatory Oversight: Section 135 plays a key role in maintaining regulatory oversight over railway labour. The appointment of supervisors ensures that there is dedicated personnel who are accountable for ensuring the proper implementation of labour laws and regulations in the railway sector.
- Proactive Compliance: The duty of supervisors to inspect and monitor compliance helps to identify and address any potential violations or non-compliance with the Act or its rules, ensuring that the rights and welfare of railway workers are protected.
- Broad Powers of Supervisors: Supervisors are granted significant authority, as they are deemed to be Commissioners for specific sections of the Act. This gives them the power to take action against non-compliance and ensures that they can enforce the law effectively.
Legal and Ethical Implications:
- Worker Protection: The appointment of supervisors is crucial for ensuring that railway workers’ rights and working conditions are protected. Supervisors act as watchdogs, ensuring that the provisions regarding working hours, rest periods, safety standards, and overall working conditions are adhered to.
- Accountability in Railway Operations: This provision increases the accountability of railway authorities and officials in charge of implementing the law, helping to create a fair and safe working environment for railway employees.
- Authority for Enforcement: By giving supervisors the status of Commissioners, the section enhances their authority to enforce compliance and take appropriate actions in case of violations, ensuring the proper functioning of railway labour laws.
Conclusion:
Section 135 of the Railways Act, 1989 establishes the role of supervisors of railway labour, detailing their appointment, duties, and powers. These supervisors are responsible for ensuring that railway labour regulations are followed and have the authority to inspect operations and enforce compliance. By designating them as Commissioners for certain purposes, this section strengthens the role of supervisors in ensuring the protection of railway workers and the proper functioning of the railway system in accordance with the law.
