Legal Question in Employment Law in India

Sir, I am working in shift duty in a central public sector utility in India. For the purpose of understanding suppose I work in following shift rotation(for two continuous rotation):
1st rotation:-
Monday & Tuesday- Morning shift(07:00 hrs to 14:00 hrs)
Wednesday & Thursday- Evening shift(14:00 hrs to 22:00 hrs)
Friday & Saturday- Night Shift(22:00 hrs to 07:00 hrs)
Sunday- Off
Monday - General Shift(From 08:30 hrs )
2nd rotation:-
Tuesday & Wednesday- Morning shift(07:00 hrs to 14:00 hrs)
Thursday & Friday- Evening shift(14:00 hrs to 22:00 hrs)
Saturday & Sunday- Night Shift(22:00 hrs to 07:00 hrs)
Monday- Off
Tuesday- General Shift(From 08:30 hrs )
and so on... Consequently there is no fixed weekly off day. The off day following 2nd night shift all one can do is sleep whole day, that leaves us with practically no off day.
Sir, as per my company rules and also as per Factory act, 1948 working hours should not be more than 48 hours in a week. It seems in this shift arrangement we work more than 48 hrs in a week. Kindly suggest.
There is one more but related question.
Sir, Section 57(Night Shift) of Factory act says that a holiday for a whole day shall mean a period of twenty-four consecutive hours beginning when his shift ends. Which means at the end of the said 24 hrs one can be called upon for work, which leaves practically no off day.
Sir, my contention is that is this section not in violation with the right to life(Constitution of India, Art 21) which includes right to live with dignity, right to health of workers, right to have leisure and also principles of natural justice as inferred by honorable supreme court of India in its various judgments. Is it not encroaching upon the right against forced labor which is enshrined in right against exploitation(Constitution of India, Art 23). Please tell is there any legal remedy exists against this tyranny.
http://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htm
Thanking you in advance.

Asked on 3/27/14, 8:30 pm

Fca Prashant Chavan Expert Edge LLP

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29.03.2014

Dear Sir / Madam,

As advised earlier, a joint representation is required to be made to the Management to amicably address and resolve the issue.

Regards,

Answered on 3/29/14, 4:36 am

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