Central Information Commission
Smt.Jayalaxmi vs Ministry Of Labour And Employment on 13 June, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2012/001094/2735
13 June 2013
Relevant Facts emerging from the Appeal:
Appellant : Mrs. Jayalaxmi
ICA, All Banks Daily Deposit,
Collectors Association,
R. No. 9, 2nd Floor, Corporation Bldg.,
Broadway, Hubli- 580020
Respondent : CPIO & Regional Labour Commissioner (C)
M/o Labour & Employment
BUDA Complex, Mothi Circle,
Bellary-583101
RTI application filed on : 09/05/2012
PIO replied on : 22/05/2012
First appeal filed on : 25/05/2012
First Appellate Authority order : 27/06/2012
Second Appeal received on : 27/07/2012
Information sought:
1- Name/address of the factories/mines/establishments closed from 01/01/2009 in your jurisdictional area and/or retrenched their workmen/employees, which employed more than 100 workers prior to closure; the date of such closures; number of workmen/employees working at the time of closure.
2- Name/address of the factories/mines/establishments mentioned under item no.1 above, which have sought permission u/s 25 O and/or Sec 25 N of the ID Act from you and/or other Government Department seeking permission for closure/retrenchment of workmen. 3- Name/address of the factories/mines/establishments which have not sought permission for closure/permission refused for such closure and extended benefits of wages u/s 25 N(7) of the ID Act to their workmen.
4- Name/address of the factories/mines/establishments against whom, you have initiated penal actions for contravening Sec 25 O, Section 25 N for not obtaining permission for closure and/or retrenchment and the stage of such actions. 5- Total amount of compensation paid to the workmen; rate/nature of compensation paid to workmen for closure/retrenchment; name of the factory/mine/establishment which paid compensation; date of payment; number of beneficiary workmen. 6- Name/address of the factories/mines/establishments which have retrenched more than 05 workmen from 1/1/2009 without seeking permission for retrenchment u/s 25N of ID Act and the amount of retrenchment compensation/wages you were able to secure to the workmen, alongwith date of payment; details of penal actions taken by you for not complying Sec 25N.
Page 1 of 27- Copy of the rules/instructions issued by your department to deal with instances of not following Sec 25N/O of ID Act.
Grounds for the Second Appeal:
The PIO has not given the satisfactory information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent Respondent: Absent The appellant and the respondent were given an opportunity to participate in the hearing, however, both are absent.
It appears from a scrutiny of the records that the information requested by the appellant in her RTI application dated 09/05/2012 has been furnished to her vide letter dated 22/05/2012 and further information provided vide FAA's order dated 27/06/2012. It is, however, seen that the appellant in her 2nd appeal to the Commission, has contended that the CPIO has not provided the information/the contentions raised by the CPIO are not based on facts/law/documents but no details have been given. It is therefore not clear what exactly is the deficiency in the reply given by the CPIO/FAA's order and/or what further information is needed by the appellant.
Decision notice:
A review of the appellant's RTI queries and reply thereto indicates that the information has been provided. If however, the appellant needs any further information relating to her RTI application dated 09/05/2012 the CPIO should permit her to inspect the relevant records and also take photocopies/extracts therefrom, free of cost, up to 50 pages within 15 days from the date of receipt of this order.
The matter is closed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. In any correspondence on this decision, mention the complete decision number.
BASANT SETH Information Commissioner Page 2 of 2