Central Information Commission
Shri Ramesh Chand Sharma vs Ntpc Ltd. on 30 October, 2009
Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No. 4669/IC(A)/2009
F. No.CIC/MA/A/2009/000609
Dated, the 30th October, 2009
Name of the Appellant: : Shri Ramesh Chand Sharma
Name of the Public Authority: : NTPC Ltd.
Facts:
1. Both the parties were heard on 30.10.2009.
2. The appellant has asked for information relating to the details of deduction of PF by the different Contractors of the respondent, NTPC, in respect of the workers who are employed by them.
3. The respondent, NTPC has furnished partial information while the remaining information, mainly the PF deduction, has been refused on the ground that the desired information are not available or maintained. Being dissatisfied with the response, the appellant has pleaded for providing complete information, which is held by the contractors and are in control of the NTPC.
4. During the hearing, some workers, who are employed by the Contractors for over ten years or so, alleged that (i) the details of PF deductions are not disclosed to them in spite of oft-repeated requests made by them; (ii) the workers are threatened of dire consequences, when such demands are made; and (iii) Even though the wages are paid in full through bank A/C, every worker is required to pay back in cash an specific amount to the Contractors, in presence of the official(s) of the respondent. In case of refusal of such payments, their jobs are terminated or workers are harassed. All the workers present during the hearing, revealed the names of Contractors, the details of amount paid back in cash to the Contractors in connivance with the official(s).
5. The CPIO stated that allegations made against the contractor has never been brought before him. He therefore, pleaded for an opportunity to investigate the matter so as to un-earth the truth about the deduction of PF, which is maintained by the Contractors. The CPIO assured the workers that he would do the needful to redress their grievances.
Decision:
6. The issue of non-payment of workers' entitlements, such as PF, is indeed very serious and therefore calls for thorough investigation. The CPIO is therefore directed to (i) ensure that the allegations made by the workers in his presence are duly investigated and necessary remedial measures are taken to redress the grievances of the workers; (ii) the PF details of all the workers who are presently working with the respondent's Contractors are furnished within one month from the date of issue of this decision; and (iii) the PF details of other workers who seek similar information, in respect of the already completed projects or the Contractors that are no more associated with the respondent, should also be gathered and furnished on case to case basis. All the relevant details about the payment wages and deductions on account of PF, insurance, health case, etc. should be routinely disclosed to all the employees/workers.
7. The appellant would be free to approach the Commission again if he is not satisfied with the compliance of this decision by the CPIO.
8. With these observations, this appeal is disposed of.
Sd/-
(Prof. M.M. Ansari) Central Information Commissioner Authenticated true copy:
(M.C. Sharma) Assistant Registrar Name & address of Parties:
1. Shri Ramesh Chand Sharma, Vill: Salarpur Kalan, PO: Vidyut Nagar, Dist: Gautambudh Nagar, UP - 201 008
2. Shri O P Khorwal, CPIO, NTPC Ltd, NTPC Bhawan, Core-6, Scope Complex, Lodhi Road, New Delhi - 110 003
3. The Chairman, NTPC Ltd., NTPC Bhawan, SCOPE Complex, 7, Institutional Area, Lodhi Road, New Delhi-11003.