Central Information Commission
Mr.Tate Bandu Baburao vs Ministry Of Labour And Employment on 13 July, 2010
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/001460/8503
Appeal No. CIC/SG/A/2010/001460
Relevant Facts emerging from the Appeal
Appellant : Mr. Tate Bandu Baburao
At post- Massa (Khurd),
Taluka Kalamb,
Dist. Osmanabad- 413507
Respondent : PIO & Regional Labour Commissioner
Shram Rousha Bhavan, 1st floor Opposite Priyadarshani Shiv Shrushti Road, Estate Express Highway, Sion Mumbai.
Mr. D. Raman Kumar PIO & Regional Labour Commissioner Ministry of Labour and Employment 1st Kant Building, Guru Nanak Nagar, Shankar Shet Road, Pune- 400001 M.H. RTI Filed on : 15/06/2009 PIO replied : 13/07/2009, 14/07/2009, 31/07/2009 First appeal filed on : 07/10/2009 First Appellate Authority Ordered on : 27/11/2009 (Dy CLC Jabalpur transferred to Dy. CLC Mumbai) Second Appeal received on : 01/02/2010 S.No. Information Sought Reply of the PIO
1. Kindly provide names and complete address of regional labour Not enclosed commissioner for Pune region.
1.1. Names of all district under jurisdiction of regional labour commissioner Pune.
2. Name & complete address of regional labour commissioner for Nagpur Not enclosed region.
2.1 Names of all district under jurisdiction of regional labour commissioner Nagpur.
3. Name and address of regional labour commissioner for Mumbai region. Not enclosed 3.1 Names of all district under jurisdiction of regional labour commissioner Mumbai.
4. Certified copies of all visits reports/ any document which are prepared No reply by visiting/ inspecting labour enforcement officer/ visiting telephone exchanges where electrical maintenance work is being done by BSNL Page 1 of 3 under entire jurisdiction of regional labour commissioner Pune. 4.1. Provide details of all violation of Minimum Wages Act cases noticed by inspecting officer during inspection.
5. Provide certified copies of all visit report / any document which is No reply prepared by visiting labour enforcement officer where electrical maintenance work is done by BSNL Kolhapor (electrical wing) under the entire jurisdiction of regional labour commissioner Pune. 5.1. Provide details of all violation of Minimum Wages Act cases noticed by inspecting officer during inspection.
6. Provide certified copies of all visit report / any document which is Information prepared by visiting labour enforcement officer where electrical enclosed. maintenance work is done by BSNL (electrical wing) under the entire jurisdiction of regional labour commissioner Nagpur. 6.1. Provide details of all violation of Minimum Wages Act cases noticed by inspecting officer during inspection
7. Provide certified copies of all visit report / any document which is Information prepared by visiting labour enforcement officer where electrical enclosed maintenance work is done by BSNL (electrical wing) under the entire jurisdiction of regional labour commissioner Mumbai. 7.1. Provide details of all violation of Minimum Wages Act cases noticed by inspecting officer during inspection.
8. Furnish if no inspection in telephone exchange under the jurisdiction of No information regional labour commissioner Pune have been done during last 2 years by nay officer under regional Labour commissioner Pune, kindly provide name, designation and complete official postal address of the concerned officer who can order the regional labour commissioner to make inspection.
9. Kindly inform if no inspection in telephone exchanges under the Information jurisdiction of regional labour commissioner Nagpur has been done enclosed during last 2 years by any other officer by any officer under regional labour commissioner Nagpur, kindly provide name, designation and complete official postal address of the concerned officer who can order the regional labour commissioner to make inspection.
Grounds for the First Appeal:
Regional Labour Commissioner Mumbai has supplied partial information, RLC Nagpur has supplied wrong information and RLC Pune has not supplied any information.
First Appellate Authority (FAA) order:
Appeal is transferred to you for taking further necessary action in the matter as the same pertains to Dy. Chief Labour Commissioner Mumbai's jurisdiction.
Grounds for the Second Appeal:
Unsatisfactory information provided by CPIO.Page 2 of 3
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. C. J. Karira on behalf of Mr. Tate Bandu Baburao on video conference from NIC-
Hyderabad Studio;
Respondent : Mr. D. Raman Kumar, PIO & Regional Labour Commissioner, Pune;
The respondent states that the information regarding inspection reports sought by the appellant would be available with Dy. Chief Labour Commissioner at Mumbai. The Respondent states that certain information has been sent to the appellant but the appellant denied the receipt of this. The Commission has been given a copy of the information which he states he has sent to the appellant and the Commission will forward this to the appellant. From the evidence before the Commission it appears that the information which is not being provided to the appellant so far is available with the PIO at Mumbai. The PIO states that there is confusion about whether the Minimum Wages Act is applicable to the workers employed in Electro Mechanical Maintenance Services being done by BSNL Electrical Wing in Telephone Exchanges. The Commission directs the Chief Labour Commissioner, Shram Shakti Bhawan, Rafi Marg, New Delhi to clarify whether the Minimum Wages Act is applicable to the workers employed in Electro Mechanical Maintenance Services being done by BSNL Electrical Wing in Telephone Exchanges.
Decision:
The Appeal is allowed.
The PIO at Mumbai is directed to provide all the copies of the inspection reports available to him sought by the appellant before 30 July 2010.
The Commission also directs the Chief Labour Commissioner to provide the information about whether the Minimum Wages Act is applicable to the worker employed in Electro Mechanical Maintenance Services being done by BSNL Electrical Wing in Telephone Exchanges before 30 July 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 13 July 2010 (In any correspondence on this decision, mention the complete decision number.)(ARG) CC:
To, Chief Labour Commissioner, Ministry of Labour and Employment Shram Shakti Bhawan, Rafi Marg, New Delhi Page 3 of 3