K Sambasiviah vs Ministry Of Labour & Employment on 11 August, 2025

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Central Information Commission

K Sambasiviah vs Ministry Of Labour & Employment on 11 August, 2025

Bench: Heeralal Samariya

                                के न्द्रीय सूचना आयोग
                       Central Information Commission
                            बाबा गंगनाथ मागग, मुननरका
                       Baba Gangnath Marg, Munirka
                        नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/MLABE/A/2024/124160.

Shri. K Sambasiviah.                                             ... अपीलकताग/Appellant
                                    VERSUS/बनाम

PIO,                                                        ...प्रनतवािीगण /Respondent
Ministry of Labour & Employment.


Date of Hearing                          :   07.08.2025
Date of Decision                         :   07.08.2025
Chief Information Commissioner           :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :          14.02.2024
PIO replied on                    :          14.03.2024
First Appeal filed on             :          16.04.2024
First Appellate Order on          :          21.05.2024
2ndAppeal/complaint received on   :          30.07.2024

Information sought

and background of the case:

The Appellant filed an RTI application dated 14.02.2024 seeking information on following points:-

"A copy of the license recommended by Principal Employer A copy of licence issued to Contractor from time to time By Dept of L&E Work place where the license is displayed for information of stake holders. A copy/copies order/orders implemented by contractor during the contract. Any inspection carried out by Labour authorities as per Rule 83 of Contract (R&A) Act 1970, If so, a copy of the documents with regard to payment of wages and bonus A coy of the wage register duly signed by worker and Principal Employer Vide rule 72 and 73 of CLRA"

The CPIO, Regional Labour Commissioner (Central) vide letter dated 14.03.2024 replied as under:-

"Point A This Office has not received any copy of the license recommended by Principal Employer. Hence, the information may be treated as "Nil".

Point B A copy of License issued License No. CLRA/ALCVIJAYAWADA/2022/L-304 to contractor in respect of M/s Murali Manpower Agencies, Contractor, SDMH, SDSC, SHAR, Government of India, Sriharikota, Tirupati Dist., is enclosed (03 pages) and no further renewal has been obtained from contractor.

Point C. No such information has been maintained in this office. Hence, the information may be treated as Nil Page 1 Point D: This Office has not received any copy/copies of order/orders implemented by contractor during the contract. Hence, the information may be treated as "Nil".

Point E: No inspection carried out by Labour Enforcement Officer (Central), Gudur @ Nellore.

Point F. No such information has been maintained in this office. Hence, the information may be treated as "Nil""

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.04.2024. FAA, Vide order dated 21.05.2024, stated, "It is observed that the CPIO has provided the information available on record and under the provisions of the RTI Act, 2005 the CPIO cannot create information that is not a part of the record of the Public Authority.

5. In view of the above, the information provided by CPIO is found correct. Hence, the CPIO has correctly dealt the RTI filed by appellant

6. Accordingly, the first appeal is hereby disposed."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Further a written submission dated, 31.07.2025, has been provided by the respondent, stating..

"May it please your honour :

1. Sunil Kumar Sahu, S/o Late D. P. Sahu, aged 37 years, working as Regional Labour Commissioner (Central), Office of the Dy. Chief Labour Commissioner (Central), Ministry of Labour and Employment, Government of India, Vidyanagar, Hyderabad also designated as CPIO do hereby submit the written submissions,

2. That the applicant Shri K. Sambasivaiah submitted his RTI Application on 19.02.2024 asking information pertaining to M/s Murali Manapower Agencies,"

Facts emerging in Course of Hearing:

Appellant: Present on Call Respondent: Mahesh Sattikar, Assistant Labour Commissioner, participated in the hearing.

The appellant submits that satisfactory response has not been provided by the respondent. The respondent reiterates that information available on record has been furnished to the appellant.

Decision:

In the light of the above submissions, the Commission finds that information available on record with the public authority as defined under Section 2(f) of the RTI Act has been duly furnished to the Appellant, in terms of provisions of the Act. Further, It is directed to the CPIO to send the copy of the written submission to the Appellant via Speed Post/Email, free of cost within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission thereafter.

Page 2 In view of the aforementioned, wherein it is noted that the Respondent has sent appropriate response to the Appellant, in consonance with the provisions of the RTI Act, no further intervention is warranted in this case, under the RTI Act.

The matter stands disposed of.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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