Central Information Commission
Mrprem Chand vs Ministry Of Labour & Employment on 18 August, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2015/002080+002081/11112
18 August 2016
Relevant Facts emerging from the Appeal:
Appellant : Mr. Prem Chand,
R/o - 614, Gulabi Bagh,
Delhi - 110007
Respondent : CPIO / Under Secretary,
Ministry of Labour & Employment,
Shram Shakti Bhawan,
New Delhi.
CPIO / Administrative Officer,
Ministry of Labour & Employment,
Office of the Chief Labour Commissioner(C)
Shram Shakti Bhawan,
New Delhi.
RTI application filed on : 01/06/2015
PIO replied on : 16/06/2015 & 09/07/2015
First appeal filed on : 27/07/2015
First Appellate Authority order : No Order
Second Appeal dated : 14/09/2015
Information sought
1. Whether certain works/jobs/tasks are being got done through contractors/outsourcing/ contracting out? If so, what are those works/jobs/ tasks? The number of employees engaged on contract basis for doing these works/jobs/tasks may be provided.
2. The names and addresses of the agencies/contractors which have been awarded works/jobs/tasks.
3. Give details of duties performed by each category of these contract workers. Whether these contract workers perform the same and similar duties as performed by the permanent/directly employed staff in the establishment.
4. Whether payment of salary to the contract workers is paid by the contractor or your officers. Whether payment is authenticated by your authorized representative as mandated under the Contract Labour (Regulation and abolition) Act, 1970 and rules 1971. Also give name and designation of such authorized representatives.
5. The date of monthly payment being made to the contract workers at present may be intimated, alongwith the dates on which the monthly payment has been made to contract workers during the last one year.
6. What is the amount of salary/remuneration being paid to employees appointed on contract basis or through contracts? Provide the copies of payment of wages register in respect of such salary/remuneration paid during last one year with name and designation of contract Page 1 of 3 employees, month-wise. The duration of daily working hours of contract employees may be intimated.
7. Whether persons/employees engaged or appointed on contract basis or through contractors are being given benefit of ESI Scheme? If so, provide Employers code number and each employees insurance number issued by ESIC.
8. Whether persons/employees engaged or appointed on contract basis or through contractors are being given benefit of EPF? If so, provide Employers/contractors code number and each employee's PF Account number issued by EPFO.
9. Whether your Ministry/Department has registered itself as Principal Employer for the purpose of engaging contract labour/worker? If yes, provide certified copy of the registration certificate.
10. Whether the rule 25(2)(v)(a) of the Contract Labour (Regulation and Abolition) Central Rules, 1971 is being implemented in your establishment which envisages that where the workman employed by the contractor perform the same or similar kind of work as the workmen directly employed by the Principal Employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the establishment on the same or similar kind of work.
11. Whether in this regard the Office Memorandum issued by the Ministry of Labour & Employment No. 14(113) Misc. RLC (Coord.)/2012 dated 23 Jan 2013 is being implemented in your establishment. And whether same and similar wages are being paid to the contract workers as being paid to workmen directly employed by your establishment.
12. Since how long no regular/permanent employees have been appointed for the work performed by the contract workers.
13. Whether the work performed by these contract workers is of permanent/perennial nature.
14. Who decides the deployment/derailment of the contract workers within the departments/Sections provided by contractors? Give details. Give the details of frequency of these intradepartmental / intersectional transfers of contract workers. Whether periodic efficiency tests of contract workers are taken by your establishment, give details.
15. What are the qualifications for each category of the contract workers desired/sought by your establishment while engaging contract workers?
16. Whether the contractor engaged by Ministry/Department for providing contract labour/workers has obtained a licence for engaging contract labour/worker? If yes, provide certified copy of the licence.
17. The name of Appellate Authority alongwith his/her designation, phone number(s), e-mail id and postal address.
Grounds for the Second Appeal:
The CPIO has not provided the desired information. Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Prem Chand Respondent: Mr. Supriyo Samadder CPIO's representative O/o CLC(C)& Ms. Kuheli S Chaudhary CPIO's representative M/Labour The applicant stated that Ministry of Labour and CLC (C) are supposed to regulate all contract workers and ensure that rules of the government are strictly followed. He alleged that the Ministry of Labour and CLC (C) have employed several contract workers but have not provided proper information regarding the wages, ESIC, PF and other benefits available to them. He requested for the following information:Page 2 of 3
(i) Name of contractor, his ESIC Code and PF Code
(ii) Wages paid to contract workers
(iii) Whether the contract workers are doing similar work performed by regular employees.
(iv) Period of contract.
(v) Prescribed qualification for contract workers The applicant pointed out that as per Section 4(1)(b)(x) of the RTI Act the respondent are bound to disclose the monthly emoluments of a contract worker. The CPIO's representatives stated that they will go through the records and provide the available information. They further stated that they will write to DG Labour Welfare and NICSI to provide information pertaining to them Decision notice:
As stated by the CPIO's representatives they should provide the information as above to the applicant within 15 days from the date of receipt of this order.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 3 of 3