Central Information Commission
Mr.Dilip Sharma vs Department Of Atomic Energy on 13 February, 2012
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Decision No. CIC/SG/A/2011/003671/17317
Appeal No. CIC/SG/A/2011/003671
Relevant Facts emerging from the Appeal
Appellant : Mr. Dilip Sharma,
VMan/F1 (CTL), RAPS 3&4
Respondent : Mr. S. K. Srivastava
PIO & Dy. Chief Engineer (Projects) NPCIL 12 N-14 , Vikram Sarabhai Bhavan Anushakti Nagar Mumbai- 400094 RTI application filed on : 17/06/2011 PIO replied : 01/07/2011 First Appeal : 16/08/2011 First Appellate Authority order : 26/09/2011 Second Appeal received on : 16/12/2011 Information Sought:
1. On which sites of the NPCIL, association is available.
2. On which sites the union is available.
3. On which sites the election is held by banners.
4. On which sites the election is held post- wise.
Reply of the CPIO:
1 &2 The following recognized Trade Unions registered under the Trade Unions Act are functioning at the NPCI L sites:-
a) HQ, Mumbai : Nuclear Power Corporation Employees Union
b) TM site (TAPS 1 &2 ) : Tarapur Atomic Power station Employees' Association
c) TM site (TAPS 3&4) Tarapur Atomic Power Project 3&4 Employees Association
d) RR site : Rajasthan Atomic Power Shramik Sangh (affiliated BMS)
e) MAPS : Tamilnadu Atomic Power Employees Union (affiliated to ATTUC/AINPCEF)
f) MAPS : Narora Parmanu Vidyut Pariyojna Karamcahri Union
g) KAPS- Kakrapar Anumathak Karamnchari Sanganthan (affiliated to NICEF)
h) Kaiga site : Kaiga Project Employees Association
i) KK: Kudankulam Nuclear Power Project Employees Union Apart From the above following Supervisors' associations are functioning RR Site and MAPS respectively.
I) RR Site Anushakli Supervisors Association
ii) MAPS: Madras Atomic lower Stall Association.Page 1 of 2
3&4 : With regard to the conduct of elections it is stated that at all the NPCIL Sites, Union elections are being held for the respective posts for Office Bearers and Committee Members. Elections are being conducted as per the terms and conditions of the bye-laws of the respective Unions/Associations. -
Grounds for the First Appeal:
Information provided is unsatisfactory. Order of the FAA:
1) The recognition to the Union at RR Site is granted based on the elections conduced under Secret Ballot system and the recommendations made b representative of the Ministry of Labor.
2) At all the NPCIL Sites/Units, Union elections are being held for the respective posts i.e. for Office Bearers and Committee Members as per the terms and conditions of the bye-laws of the respective Unions /Associations.
Grounds for the Second Appeal:
Information provided is incomplete and unsatisfactory.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Dilip Sharma on video conference from NIC-Kota Studio; Respondent: Mr. S. K. Srivastava, PIO & Dy. Chief Engineer (Projects) on video conference from NIC-
Mumbai Studio;
The PIO has provided proper information with respect to query 1 & 2 but with regard to query 3 & 4 specific information has not been provided. The PIO is directed to provide information on query 3 & 4 as per available records if any of the information is not available this should be clearly stated.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information on query 3 & 4 as directed above to the Appellant before 05 March 2012.
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 February 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Page 2 of 2