Central Information Commission Judgements

Mr.S K Ghoshal vs M/O Labour And Employment Main … on 1 September, 2010

Central Information Commission
Mr.S K Ghoshal vs M/O Labour And Employment Main … on 1 September, 2010
                        CENTRAL INFORMATION COMMISSION
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                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                              Decision No. CIC/SG/A/2010/001917/9179
                                                                     Appeal No. CIC/SG/A/2010/001917

Relevant Facts

emerging from the Appeal:

Appellant : Mr. S K Ghoshal
146/14, Ground Floor,
Vasudha Apartments, Aam Bagan Road,
Sakchi, Jamshedpur, Jharkhand.

Respondent : Mr. Rajan Verma
Public Information Officer &
Regional Labour Commissioner (Central)
Ministry of Labour and Employment
Government of NCT of Delhi
Central Chief Labour Commissioner
Dhanbad.

RTI application filed on             :       14/12/2009
PIO replied                          :       15/02/2010
First appeal filed on                :       20/01/2010
First Appellate Authority order      :       12/05/2010
Second Appeal received on            :       10/07/2010

S. No                    Information Sought                                     Reply of the PIO
1.      When was the payment of the minimum wage started by        The state government if responsible for all
        the government? If it hasn't, then when will it start?     that pertains to the Labour Act 1948.
2.      Has the contracted Labour of Lafarz India (Loading and     Please obtain the required information
        Unloading Company) been depositing the payment with        from the relevant department .

the department according to section 166 of the
mentioned act? If the payment is not being given then
what action is taken by the government regarding the
same?

Grounds for the First Appeal:

Unsatisfactory information provided by the PIO

Order of the First Appellate Authority (FAA):
PIO is directed to provide the complete information regarding all the asked queries as soon as possible

Grounds for the Second Appeal:

Unsatisfactory information provided by the PIO

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Relevant Facts emerging during Hearing:
The following were present:

Appellant: Mr. S K Ghoshal on video conference form NIC-Jamshedpur Studio;
Respondent: Mr. Rajan Verma, Public Information Officer & Regional Labour Commissioner (Central)
on video conference from NIC-Dhanbad Studio;

The PIO has given information to the appellant that the matter for which he is seeking information
do not fall in the jurisdiction of the public authority. The PIO contends that the jurisdiction would be of
the Labour Department of the State Government and they have no information in any case in the matter in
which information sought by the appellant. If information is not held by or in the control of the public
authority it cannot be expected to provide any information.

Decision:

The Appeal is disposed.

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
01 September 2010
(In any correspondence on this decision, mention the complete decision number.)(YM)

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