Break in Service due to strike.—Strikes may be divided into two categories—
(a) Legal strikes, i.e. those which have been called after complying with the provisions of the Industrial Disputes Act, 1947 and
(b) Illegal strikes, i.e. those in which the preliminaries to the calling of a legal strike have not been observed
Strikes falling under (a) above do not constitute a break in service and it would be appropriate for the Railway administrations to treat the period of absence as leave with or without allowances as the case may be without reference to the Railway Board.
In case of illegal strikes, however, the absence of the employees concerned is tantamount to a break in service and cannot be condoned without the sanction of the President.
When a break in service due to participation in an illegal strike is condoned by the President as dies non i.e. neither constituting a break in service nor counting as service such a period is deleted as being non-existing in so far as the particular employee or employees are concerned and therefore the status quo ante the interregnum is restored in all respects from the date following the last day of the period treated as dies non. In other words service prior to the break so condoned will be treated as continuous with the services after the break itself for all purposes but the period of break itself will not be taken into account for any purpose.
(Case No. E48 ST/191(L) & E 51.ST/1-44).
All interruption will cause a break in continuous service except-(i) authorized leave, (ii) unauthorized absence in continuation of leave so long as the post is not substantively filled; (iii) suspension followed by immediately re-installment or is allowed to retire while under suspension; (iv) transit time on transfer, (v) period of legal strike; (vi) reduction in establishment (vii) period of apprenticeship followed by absorption permanently in a post, (viii) interregnum, including period of suspension, if any between the period of removal etc. to re-installment on appeal revision etc.
A beak in service entails forfeiture of service of a railway servant before break, unless condoned by the competent authority. If there is any ……in service, there will be postponement of increment by the period of such absence. The service after the break will be created as fresh one for the purpose of eligibility of leave, passes, promotion, and sanction of special contribution or pensionary benefits etc. no other consequence flow from the break in service including the seniority in the post, which the employee was holding before imposition of the break. If, however, Beak in service is condoned, the break will be treated as “Dies-Non” and taken as will be treated as continuous with the service after break for purpose but the period of break itself will not be taken into account for any purpose.
Break in service condoned :-
Break in service may be condoned by the
(i) Railway Board in case of Gazetted officers (ii) general Manager in case of non-Gazetted staff when the break exceeds twelve months
(iii) HOD or DRM in case of non-gazetted staff when the does not exceed twelve months in all.
(iv)The Break in service caused by dismissal or participation in an illegal strike may be condoned only by the President of India.
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