Central Information Commission
Manish vs Ministry Of Labour & Employment on 30 January, 2025
Author: Heeralal Samariya
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/2023/645885
Shri Manish ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Ministry of Labour & Employment ...प्रनतवािीगण /Respondent
Date of Hearing : 28.01.2025
Date of Decision : 28.01.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 19.06.2023
PIO replied on : 10.07.2023
First Appeal filed on : 31.07.2023
First Appellate Order on : 22.08.2023
2ndAppeal/complaint received on : 22.09.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 19.06.2023 seeking information on the following points:-
"1. 1- Kindly provide me with PDF copies of all Notifications/Circulars and rules published by the government or appropriate government in relation to exercise such other powers as government be prescribed which they shall exercise their functions related to clause (e) of sub-section (2) of section-19 of the minimum wages, 1948.
(a)- The tenure of providing all the Notifications/Circulars and rules at this point is from the beginning till 01/04/2023.
1. 2- Kindly provide me with the current all inspector contact mail id and address which is related to Delhi state all regional and sub-regional labour offices under section-19 of the minimum wages Act, 1948.
(a)-If the government has declared any Inspectors through their Notifications/Circulars and orders Then kindly provide me with PDF copies of all those Notifications/Circulars and orders.
(b)- The tenure of providing all the Notifications/Circulars and orders at this point is from the beginning till 01/04/2023.
1. 3- Kindly provide me with PDF copies of all Notifications/Circulars and rules published by the government or appropriate government in relation to the Commissioner for Workmen's Compensation related to sub-section (1) of section-20 of the minimum wages, 1948.
Page 1 of 3(a)- If the government has declared any Inspectors through their Notifications/Circulars and rules. Then kindly provide me with PDF copies of all those Notifications/Circulars and rules.
(b)- The tenure of providing all the Notifications/Circulars and rules at this point is from the beginning till 01/04/2023.
1.4- Kindly provide me with PDF copies of all Notifications/Circulars and rules published by the government or appropriate government in relation to limitations of filing claims related to sub-section (2) of section-20 of the minimum wages, 1948. Which says that Provided that every such application shall be presented within six months from the date on which the minimum wages or other amount became payable.
(a)- The tenure of providing all the Notifications/Circulars and rules at this point is from the beginning till 01/04/2023. ETC"
The CPIO vide letter dated 10.07.2023 replied as under:- "Reply: Point wise reply to the extant it relates to Wage Cell of this Ministry is as under:
Point 1.1: Please find attached notifications dated 26/12/2005, 06/03/1990 and 26/03/1982 regarding appointment of inspectors under Section 19 of Minimum Wages Act, 1948 as available in the Wage Cell of this Ministry. Point 1.2: Not related to Wage Cell of this Ministry (a) & (b): Please find attached notifications dated 26/12/2005, 06/03/1990 and 26/03/1982 regarding appointment of Inspectors under Section 19 of Minimum Wages Act, 1948 as available in the Wage Cell of this Ministry Point 1.3, 1.4 81.5: Please find attached copy of notifications dated 21.11.2019 and 26/12/2005 published under sub-section (1) of section 20 of the Minimum Wages Act, 1948 (11 of 1948) as available in the Wage Cell of this Ministry Point 1.6: No such information available in the Wage Cell of this Ministry Point 1.7: Please find attached notifications dated 23/05/2002, 22/12/1995 and 03/07/1990 regarding Section 26 of Minimum Wages Act, 1948 as available in the Wage Cell of this Ministry.
Point 1.8: Please find attached notifications dated 20/05/1998 and 11/08/1987 regarding Section 27 of Minimum Wages Act, 1948 as available in the Wage Cell of this Ministry. Etc."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 31.07.2023. The FAA, Director, Wage Cell, Ministry of Labour & Employment vide order dated 22.08.2023 held as under:-
"In response, the CPIO has provided the following information: For points 1.3, 1.4, and 1.5, the CPIO has shared copies of notifications dated 21.11.2019 and 26.12.2005, published under sub-section (1) of section 20 of the Minimum Wages Act, 1948 (Act No. 11 of 1948) respectively as available in the Wage Cell of this Ministry. Regarding point 1.6. the CPIO has communicated that there is no information available within the Wage Cell of this Ministry.
3. After reviewing the RTI application dated 19/06/2023 and the response furnished by the CPIO, it is concluded that the Central Public Information Officer (CPIO) has provided information as available with him."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 2 of 3Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Not present Respondent: Shri Nitesh Bhasin - Under Secretary was present during hearing.
The Respondent stated that information available on record had been duly furnished to the Appellant, in terms of the RTI Act.
Decision:
Perusal of records of the instant case reveals that the Respondent had furnished information available on records, as defined under Section 2(f) of the RTI Act, in terms of the provisions of the Act. Considering the fact that the response of the PIO is legally appropriate and well within the precincts of the RTI Act and the Appellant has chosen not to contest the case and, no further intervention is warranted in this case, under the RTI Act.
The appeal is disposed off accordingly.
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 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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