Central Information Commission
Mr. B Annathurai vs Ministry Of Labour And Employment on 27 September, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002100/9511
Appeal No. CIC/SG/A/2010/002100
Relevant Facts emerging from the Appeal:
Appellant : Mr. B Annathurai
Secretary
DOS- SCs/STs EWAn, LPSC/ISRO
Mahendragiri, Tirunvelveli Distict
Tamil Nadu- 627133
Respondent : Mr. R. N. Kumar
Public Information Officer & Assistant Labour Commissioner Ministry of Labour and Employment Office of the Assisstant Labour Commissioner(Central) New No. 5, Old No. 1A, Lady Doak College Road, Chinna Chokkikulam, Madurai- 2 RTI application filed on : 21/04/2010 PIO replied : 07/05/2010 First appeal filed on : 20/05/2010 First Appellate Authority order : 17/06/2010 Second Appeal received on : 15/07/2010 Sl. Information Sought (Exploitation of Contract Labour) Reply of the Public Information Officer (PIO)
1. License/registration granted by the authorities of the Licenses were issued to 5 different contractors, Assistant Labour Commissioner (Central)/ Deputy Chief details of which are annexed herewith. Labour Commissioner (Central) concerned to LPSC/ISRO, to employ Contract Labour under the Contract Labour (Regulation & Abolition)Central Rules, 1971.
2. Cogent Terms and Conditions and Rules the authorities of • For tender condition contact ISRO the Assistant Labour Commissioner (Central)/ Deputy Chief • Minimum wages details enclosed below. Labour Commissioner (Central) concerned issued to • For safety etc., refer to Building & Other LPSC/ISRO on how to deal with Contract Labour regarding Construction Workers Act, 1996 and safety, payments, security w.r.t. educational qualifications, Contract Labour Act, 1970. skill etc. and other benefits like ESI etc.
3. List of Labour Contractors employed in LPSC/ISRO, • For list of contractors employed by Mahendragiri, with full particulars stated in Form-IV. If LPSC/ISRO contact concerned officer. anybody has engaged in Contract Labour with appropriate • If anybody engages more than 20 Contract license, then the action taken by the above authorities Labour without Licenses then they will be against them according to law and if NO such action was prosecuted before the Judicial Magistrate taken then their course of action to rectify the wrongs. Court.
4. Terms and condition of LPSC/ISRO used in tendering to We are the Enforcement Wing for inspection engage labours on contract which was accepted by the purpose. above authorities in the law in force.
5. What is the rule of law which allows these practices in Contact officer in charge of ISRO.
disguise of engaging Contract Labours? How was it Page 1 of 3 sanctioned by the authorities? Issue photocopy of certificate issued by these authorities in the above matter.
6. Under which rule of law were the tenders of LPSC/ISRO We are the Enforcement Wing to inspect the allowed by the authorities concerned under 'Work Contract' Contractor's Establishment and Principal Employer norms while factual situations were different? What are the Establishments under BOCW Act, CLRA Act, actions taken by these authorities in detail? Minimum Wages Act, 1948/ Equal Remuneration Act & Inter Stae Migrant Workmen Act, for other details contact ISRO.
7. What is the course of action to be taken in a case the The Officer-in-charge for inspection of authorities failed to carry out their duty and to whom should Contractor's Establishment and Principal Employer the complained be addressed to? Establishments is LEO (C), Tuticorin. If you find any discrepancy, you may forward a complaint to ALC (C), Madurai and Dy. CLC (C), Chennai respectively.
8. On what provisions of law did the authorities issue licenses • If any contractor is engaging more than 20 to employ Contract labour? workmen, he will compulsorily have to obtain licenses from the ALC (C), Madurai.
• License valid for contract labour and not for whole time worker.
• Contract employee cannot claim status equivalent to regular employees.
9. Certificates that were issued by the authorities indicating As per the various Labour Laws, the contractor has that LPSC/ISRO are abiding by the various provisions of to maintain all registers and records at the working law concerned. site. Hence there is no requirement to endorse a copy of the Inspection Report of ISRO, Mahendragiri.
10 What are the different fair/minimum/reasonable wages to be Minimum Wages Notification is enclosed herewith.
. paid compulsorily in LPSC, a 'C' class area?
11 What is the law of the land w.r.t. the wages as compare with • Both the State and Central Govt. is using
. regular employees possessing the same educational the Minimum Wages Notification for
qualifications to carry out the same work? How is it different category of workers.
enforced in LPSC by the authorities concerned. • Contract employee cannot claim equivalent
status to a regular employee.
12 What are all the provisions now enforced by the authorities Contact ESI and PF officers. . in LPSC/ISRO, Mahendragiri, for Contract Labours, and a photocopy of the same?
13 What is status of labours, other than Contract labours, years Contact Officers-in-charge of LPSC/ISRO and for . long engaged by the LPSC directly and wages etc. provided ESI and PF contact ESI and PF officers concerned.
to them? And action taken by the authorities to ensure rights of those year long Directly Engaged Labour.
14 Legal aspects and work conditions preventing usage of Rule 25(2)(v)(a) of CLRA Act applicable. . Contract Labour in perennial works and work suppose to be done by regular workers..
15 Legal provisions adopted by LPSC, which was inspected Contact Officers-in-charge of LPSC/ISRO . and certified by the authorities concerned on the matter of providing around Rs. 300/- per day to those engaged on contract for dispatch works etc. while those having better qualifications are paid less than them. What justification has been relied on for the same?
16 Various standing instructions of Govt. of India to -do- . mandatorily create regular posts and action taken by the authorities to enforce such instructions.
17 Full particulars of various levels of authorities from the 1. LEO (C), Tuticorin. . office of the Assistant Labour Commissioner (Central)/ 2. ALC (C), Madurai Page 2 of 3 Deputy Chief Labour Commissioner (Central) concerned in 3. RLC (C), Chennai Tamil Nadu to whom complaints may be made to redress 4. Dy. CLC (C), Chennai the grievances of these Contract Labours.
** Last and current year's data is required in all the above queries in the form of certified copies.
Grounds for the First Appeal:
Unsatisfactory and evasive information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA ordered that :
• the management can provide information w.r.t. query no. 2(1), 3, 4, 5, 6, 7, 13, 15, 16. • The information provided by the PIO is in order w.r.t. query no. 2(2)(3), 4, 10, 11. • Information w.r.t. query no. 1 and 9 should be given by the ALC (C), Madurai after the Appellant deposits the required fee.
• Information w.r.t. query no. 12, the ALC (C) was advised to take up the matter with the concerned authorities.
• Information w.r.t. query no. 8 should be referred from Rule 25 of Contract Labour Rules, 1971, and query no. 12 from sec 10 of CL Act.
• Query no. 17- address of the authorities were mentioned in details (as enclosed further).
Grounds for the Second Appeal:
Unsatisfactory and incomplete reply provided.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. B Annathurai on video conference from NIC-Tiruneveli Studio; Respondent: Mr. R. N. Kumar,Public Information Officer & Assistant Labour Commissioner on video conference from NIC-Madurai Studio;
The PIO has given certain information but the appellant would like to inspect the records and get the information which he requires. The appellant would like to inspect the records at the PIO's office in Madurai on 30 September 2010 from 02.00PM onwards.
Decision:
The Appeal is allowed.
The PIO is directed to facilitate an inspection of the relevant records by the appellant on 30 September 2010 form 02.00PM onwards. The PIO will give attested photocopies of the records which the appellant wants free of cost upto 300 pages. 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 27 September 2010 (In any correspondence on this decision, mention the complete decision number.)(JA) Page 3 of 3