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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
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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
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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)
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