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Central Information Commission

Mr.Harinder Dhingra vs Ministry Of Labour And Employment on 4 December, 2012

                        CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26101592

                                                              File No.CIC/SM/A/2011/002843/BS/1363

Relevant Facts emerging from the Appeal

Appellant                                :      Mr. Harinder Dhingra
                                                D4A/7, DLF Phase-01,
                                                Gurgaon - 122002

Respondent                                      :         CPIO & APFC
                                                    EPFO
                                                    Regional Office Gugaon,
                                                    Plot no. 43, Sector-44,
                                                    Gurgaon-122002, (Haryana)

RTI application filed on                 :      09/08/2011
PIO replied                              :      28/09/2011
First appeal filed on                           :     23/09/2011
First Appellate Authority order          :      22/10/2011
Second Appeal received on                       :     12/12/2011

Information sought

:

1) Kindly provide details of registration, quarterly/monthly/annual return being filed by M/s Shiv Shakti Emb P Ltd. Plot No. 129-130, Sector 4. IMT Manesar, Gurgaon with your Deptt. for the last five years.

2)Kindly provide details whether the Provident Fund laws governing factory workers/technician/skilled workers are being observed by M/s Shiv Shakti Emb P Ltd, Plot No. 129-130, Sector 4, 1MI Manesar, Gurgaon.

3) Kindly also provide copies of employees & employers contribution being deposited for the last five years of M/s Shiv Shakti Emb P Ltd. Plot No. 129- 130, Sector 4, IM'I' Manesar, Gurgaon.

4) Kindly provide certified copies of identity cards given to employees of M/s Shiv Shakti Emb P Ltd, Plot No. 129-130, Sector 4. IMT Manesar, Gurgaon.

5) Kindly provide certified copies of inspection report submitted by your officers at the premises of M/s Shiv Shakti Emb P Ltd. Plot No. 129-130, Sector 4, IMI Manesar, Gurgaon for the last five years.

6) Kindly also provide certified copies of any audit ever done on Mi's Shiv Shakti Emb P Ltd. Plot No. 129-130, Sector 4, IMT Manesar, Gurgaon by your organization.

7) Kindly also provide details of interaction ever done by your officials to educate the factory workers/technician/skilled workers of benefits of provident hind schemes to MIs Shiv Shakti Emb P [Ad, Plot No. 129-130, Sector 4, TMT Manesar, Gurgaon.

8) Kindly provide the details of awareness/education camp being/was organized in Distt Gurgaon to explain the salient features of provident fund schemes during last five years.

9) Kindly provide certified copies of registrations of various embroidery factories with your Deptt who are providing embroidery job work as well as embroidery manufacturing in Distt Gurgaon.

This information is required for last five years.

Grounds for the Second Appeal:

The PIO has not provided the information and has quoted exemptions under Section 8 of the RTI Act. The PIO has wrongly interpreted the exemptions. Kindly direct the PIO to provide complete information.

Relevant Facts emerging during Hearing:

The following were present Appellant: Mr. Harinder Dhingra (M: 98739295002) Respondent: Mr. Naresh Kumar Dewan CPIO (M: 9242385215) The appellant stated that he has not been provided complete information requested in his RTI application dated 09/08/2011 and added that there was delay in furnishing the reply. The CPIO stated that the appellant had requested for various information (viz. copies of form 6A, employee/employer's contribution, inspection/audit reports, etc.) relating to M/s. Shiv Shakti Emb Pvt. Ltd., which are exempt from disclosure to third party under Section 8(1)(e) & (j) of the RTI Act. The appellant argued that details of registration (query 1) & copy(s) of inspection/audit report (query 5&6) can be provided after severing exempt portion(s) as provided under Section 10 of the RTI Act. The CPIO while regretting the delay in furnishing of reply, agreed to provide the information.

Decision Notice:

The Commission directs the CPIO to provide the information as above to the appellant within 15 days of receipt of this order.

The CPIO, who received the appellant's RTI application, is warned to exercise due care to ensure that correct and complete information is furnished timely to the RTI applicant(s) as per provisions of the Act failing which penal proceedings under Section 20 may be initiated in future.

The appeal is disposed of accordingly.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.

BASANT SETH Information Commissioner December 04th, 2012 Page 3 of 4 (In any correspondence on this decision, mention the complete decision number.) (RM) Page 4 of 4