CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2009/000166
Appellant : Shri Deepak Vyas
Public Authority : Ministry of Labour & Employment
Dy. Chief Labour Commissioner, (Central),
Mumbai
Date of Hearing : 26.6.2009
Date of Decision : 26.6.2009
Facts
In his letter of 27.8.2008 addressed to the CPIO, the appellant had
mentioned that he was not the proprietor of Shri Rana Enterprises at anytime
during his life and yet in the inspection carried out by the Labour Enforcement
Officer, Mumbai, he has been shown as proprietor of the said establishment.
He wanted to know as to why he was shown as proprietor of the said
establishment.
2. The CPIO had responded to him vide his letter dated 9.9.2008
enclosing therewith the information received from Shri. P.D. Sunny, Labour
Enforcement Officer. The first appeal filed by the appellant was decided by
Shri B.S. Pawar, Dy. Chief Labour Commissioner (Central), Mumbai (AA)
vide letter dated 8.10.2008.
3. The present appeal is directed against the order of the CPIO/AA.
4. The matter was heard on 26.6.2009. The appellant is represented by
Shri Dilip Mistry. Regrettably, nobody has appeared for Chief Labour
Commissioner (Central), Mumbai. However, a representation dated 17.6.2009
has been received from Shri P.D. Sunny, Labour Enforcement Officer
(CAPIO), which is taken on record.
5. During the hearing Shri Mistry forcefully submits that the
establishment in question is a partnership firm and that the uncle of the
appellant is a partner therein but the appellant is no way connected with the
affairs of the aforesaid establishment. It is also his say that the recovery
notice issued to the appellant on the basis of the inspection report on the
premise that he is the proprietor of the said establishment, is unsustainable in
law.
6. It is noticed that Shri P.D. Sunny has sent a copy of his representation
to the appellant which has been received by him. The question is whether the
appellant is a proprietor of the aforesaid establishment or not. The
Commission is of the clear view that it does not fall in its ambit; it is for the
competent authority to decide and does not call for Commission’s
intervention.
DECISION
7. The matter is disposed of subject to the above observations.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges, prescribed under the Act, to
the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Addresses of parties :-
1. Shri A.K. Aggarwal 2. Shri Deepak Vyas,
Dy. CLC (Central), B-605, Seven Star,
M/o Labour & Employment, Jayraj Nagar,
Shram Raksha Bhawan Borivali (W),
Shivsrushti Road, Sion Mumbai-400091
Mumbai-400022