Why Group C & Group D employees should be investigated under the Lokpal

Respected Members of Parliament & Chief Minister,

I would like to request you to read this mail carefully. This will give you enough information, justification and the reasons why Group C & Group D employees along with Group A & Group B officers should be investigated under the Lokpal. This will also justify the need of Labour reform in our country on top priority.

I filed a RTI to know the violation of below mentioned 18 Labour Laws in Uttar Pradesh from 2000 to 2010 (11 years / 132 months). Copy of RTI enclosed.

Compliance of below mentioned Labour Law are ensured by Group C & Group D employees along with Group A & Group B officers of Labour department.

1. I requested for information of all Factories / Offices / Organization who violated / non-complied the below mentioned 18 Labour Laws in Uttar Pradesh?
2. I requested for information of financial penalty imposed for violation / noncompliance of below mentioned 18 Labour Laws in Uttar Pradesh in 11 years?
3. I requested for information of persons sent for imprisonment for violation of below mentioned 18 Labour Laws in Uttar Pradesh in last 11 years?

(1) The Payment of Wages Act, 1936 (2) The Minimum Wages Act, 1948 (3) The Bonus Act, 1965 (4) The Factories Act, 1948(5) The Contract Labour Act, 1970 (6) The Building & Other Construction Workers Act, 1996 (7) The Maternity Benefit Act, 1961 (8) The Bonded Labour System Act, 1976 (9) The Child Labour Act, (10) The Workmen’s Compensation Act, 1923 (11)The ESI Act, 1948 (12) The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 (13) The Payment of Gratuity Act, 1972 (14) The Apprentices Act, 1961 (15) The Fatal Accidents Act, 1855 (16) The Weekly Holiday Act, 1942

(17) The Personal Injuries (C & I) Act, (18) The Public Liability Insurance Act, 1991

Reply of RTI by Regional Labour Commissioner is mentioned below. (Scanned copy of reply of RTI enclosed).

S.No	Factory / Office	Act	Penalty Amount
1	RM, ICICI bank Lucknow	Contact Labour(R&A) Act 1970	500
2	GM, Birla Cement Raebareli	Contact Labour(R&A) Act 1971	1000
3	Director, BIRD Lucknow	Contact Labour(R&A) Act 1972	500
4	RM, Reliance Next Link Lucknow	Contact Labour(R&A) Act 1973	1000
5	GM, NTPC Unchahar	Contact Labour(R&A) Act 1974	500
6	GM, Airport Authority of India	Contact Labour(R&A) Act 1975	500
7	RM, Indus Tower Limited Lucknow	Contact Labour(R&A) Act 1976	500
8	Director, NHAI Lucknow	Contact Labour(R&A) Act 1977	500
9	RM, Idea Cellular	Contact Labour(R&A) Act 1978	300
10	GM, BSNL Mobile service	Contact Labour(R&A) Act 1979	500
11	GM, BSNL Telcom Project	Contact Labour(R&A) Act 1980	500
12	GM, Birla Cement Raebareli	Contact Labour(R&A) Act 1981	500
13	RM, CWC Lucknow	Contact Labour(R&A) Act 1982	500
14	VP, Jaypee Cement Ambedkarnagar	Contact Labour(R&A) Act 1983	300
15	GM, GTL Limited Lucknow	Contact Labour(R&A) Act 1984	400
16	CE, RDSO Lucknow	Contact Labour(R&A) Act 1985	500
17	RM, FCI Lucknow	Contact Labour(R&A) Act 1986	500
Total amount of penalty imposed from 2000 to 2010 ( 11 years / 132 months)			Rs. 9000

Conclusion from reply of RTI by Regional Labour Commissioner.

1. More than 200 Labour Inspectors / Officers are working in Uttar Pradesh beside the Group A & Group B Officers of Labour department in Uttar Pradesh.
2. If 01 Labour Inspector (Group C) observe at least 01 violation per month then 200 Labour Inspectors can easily observe 200 violation per month.
3. If 200 Labour Inspectors can easily identify 200 Labour Law violation per month then they can easily identify 26400 violation in last 11 years / 132 months.
4. Only 17 noncompliance observed in last 11 years by Labour department in Uttar Pradesh. It means only 1.5 noncompliance per year by 200 Inspectors. Can you believe that only 1.5 violation per year is genuine ? Can you believe that Labour Inspectors are working honestly / religiously without bribe?
5. Non noncompliance observed only in 01 Labour Act (The Contract Labour Regulation & Abolition Act, 1970) out of 18 Labour acts mentioned in RTI. Can we believe that rest 17 Labour Acts are complied 100% that’s why not a single noncompliance observed in other Labour Acts by Labour department?
6. There is provision of imprisonment & financial penalty for violation of Labour Acts but only minimum financial penalty imposed & no one sent for imprisonment. Can we justify the reason why not a single Industrialist / factory owner sent for imprisonment in last 11 years / 132 months.
7. Contractors & Industrialist pay lesser amount to workers but get it signed for more amount which can easily be confirmed by interviewing the workers but not a single violation observed under The Payment of Wages Act, 1936 & The Minimum Wages Act, 1948. Can we believe that every contractors & factory owner is paying full amount to entire workers as per 100% compliance of The Payment of Wages Act, 1936 & The Minimum Wages Act, 1948?
8. Bonus not paid by many Contractors & Industrialist as per The Payment of Bonus Act, 1965 which can be confirmed by interviewing the workers. Can we believe that every worker is getting the bonus as per The Payment of Bonus Act, 1965 that’s why not a single violation observed ?
9. There is huge violation of Health, Safety & welfare in factories & many workers died every year but not a single violation of The Factories Act, 1948. Can we believe that not a single violation of Health, Safety & welfare matters occurred as per The Factories Act, 1948 in last 11 years / 132 months?
10. Basic facilities like fresh food, pure water & clean air not provided to workers but everything OK under The Building & Construction Workers Act, 1996. Can we believe that entire Construction Industries are working with 100% compliance of The Building & Construction Workers Act, 1996?
11. Maternity Benefit is not provided even by well know factories but not a single noncompliance observed under The Maternity Benefit Act, 1961. Can we believe that entire female workers are getting 100% benefit of The Maternity Benefit Act, 1961 throughout the Uttar Pradesh in last 11 years.
12. Bonded Labour are still working in brick, glass & small industries but not a single violation observed under The Bonded Labour System (Abolition) Act. Can we believe that entire Uttar Pradesh is free from Bonded Labour & compliance of The Bonded Labour System (Abolition) Act, 1976 is perfect?
13. Child Labour are still working in brick, glass & small industries but not a single violation observed under The Child Labour (Prohibition & Regulation) Act. Can we believe that entire Uttar Pradesh is free from Child Labour & compliance of The Child Labour (Prohibition & Regulation) Act, 1986 is perfect?
14. Worker are suffering due to injuries, occupational disease & many died every year but no one found guilty in The Workmen’s Compensation Act, 1923. Can we believe that workers are compensated as per The Workmen’s Compensation Act, that’s why not a single violation observed in last 11 years?
15. ESI amount deducted from workers but not deposited in ESI office & still not a single noncompliance observed under The ESI Act, 1948. Can we believe that entire workers are getting 100% benefit of hospitalization and other benefits as per The Employees’ State Insurance Act, 1948?
16. PF amount deducted from workers but not deposited in PF account of workers & still no one found guilty under The Employees’ PF Act, 1952. Can we believe that there are not a single violation of The Employees’ Provident Fund Act, 1952 in last 11 years / 132 months?
17. There are huge violation of The Payment of Gratuity Act, 1972 but not a single noncompliance observed in any industry in Uttar Pradesh in last 11 years. Can we believe that entire eligible workers are getting the benefits of The Payment of Gratuity Act, 1972 that’s why not a single violation observed?
18. There are a lot of violation of The Apprentices Act, 1961 by factories but not a single noncompliance observed in Uttar Pradesh in last 11 years. Can we believe that there is not a single violation & entire industries are working as per 100% compliance of The Apprentices Act, 1961?
19. A lot of Fatal accident & major injuries reported by media every year but not a single industry found guilty under The Fatal Accidents Act, 1855. Can we believe that there is not a single violation of The Fatal Accidents Act & state is free from Industrial fatal accidents since last 11 years?
20. There are a lot of violation of weekly holidays which can be confirmed by interviewing the workers but no one identified for violation of The Weekly Holiday Act, 1942. Can we believe that there is not a single violation & entire workers are getting weekly holidays as per The Weekly Holiday Act, 1942?
21. A lot of workers are suffering due to injuries but not a single noncompliance observed under The Personal Injuries (Compensation Insurance) Act, 1963. Can we believe that there is 100% compliance of The Personal Injuries (Compensation Insurance) Act, 1963 in Uttar Pradesh in last 11 years?
22. People live near the industries are suffering at many places & there are a lot of violation of The Public Liability Insurance Act, 1991 but no one identified. Can we believe that there is 100% compliance of The Public Liability Insurance Act, 1991 in last 11 years that’s why not a single violation observed?
23. We can easily understand that these are the result of corruption worth billions every year by Group C & Group D employees along with Group A & Group B officers who are making millions every year and not performing their duties honestly .
24. I have also filed similar RTI to know the Labour Law compliance in Uttarakhand, Delhi, Rajasthan, Punjab & Haryana and I’ll inform you latter.

Suggestion to improve the workers condition.

• All the Group C & Group D employees along with Group A & Group B officers must be investigated under the Lokpal.
• Corruption & bribery between corporate and Group A, B, C and D employees must be investigated by Lokpal / Lokayukta police.
• Right to Information (RTI) must be implemented upon entire Corporate / Industrial houses / PSU / factories.
• Indian Penal Code must be updated for appropriate punishment to Corporate / Industrial houses / PSU / factories.
• Strong financial penalty & Life term imprisonment for major & frequent violation of Labour Law.
• There must be a toll free number & an email id for reporting of Corruption / bribery / grievances at central level and state level.
• Responsibility of group C & group D employees & Accountability of Group A & group B officers should be specified & strong penalty for non-adherence of their responsibility / accountability.
• There must be a check list to ensure the compliance of Labour Act & also audit Frequency must be decided & strong penalty for non-adherence.
• Annual promotion & increment of Group A, B, C & D employees should be based upon the efficiency & quality of their duties.
• A Labour commission should be established to review & update the entire Indian Labour Acts on urgent basis.
• Maximum 20% workers should be allowed on contract basis and rest 80% must be company role in every organization / industry throughout the nation & there must be provision of strong penalty for non-adherence.
• Minimum wages of industrial workers must be equal to the minimum wages of government / PSU workers.
• There must be a common Pay commission for to review the salary of industrial workers, PSU workers along with government employees.
• Best Labour policies & practices of UK, Japan & China must be included to make effective, strong & comprehensive Labour Law.
• Compliance of ISO-14001 procedure & certification of ISO-14001 should be mandatory for all factories better for environment safety.
• Compliance of ISO-18001 procedure & certification of ISO-18001 should be mandatory for all factories for better health safety.
• Compliance of ISO-9001 procedure & certification of ISO-9001 should be mandatory for all factories for better quality products.

Thanks & Regards
Ashwini Upadhyay

“Society is suffering more due to the silence of good people than the violence of bad people”

 

RTI Application and its reply attached below

RTI 29-09-11.pdf

RTI Reply 18-11-11.pdf