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Thursday, March 19, 2015



Non payment of minimum wages by outsourcing agencies

GOVERNMENT OF INDIA
MINISTRY OF  LABOUR AND EMPLOYMENT
RAJYA SABHA
QUESTION NO  2327
ANSWERED ON  18.03.2015
Non payment of minimum wages by outsourcing agencies
2327 Dr. T.N. Seema
Will the Minister of LABOUR AND EMPLOYMENT be pleased to satate :-

(a)whether it is a fact that many services of Government departments/ semi- Government/Public Sector are operated and delivered through outsourcing agencies and that the employees of such agencies are not provided adequate salary as per the Minimum Wages Act, medical facilities and PPF Schemes;

(b)if so, the reaction of Government and the mechanism existing with

Government to ensure payment of minimum wages to their employees as per the Minimum Wages Act; and

(c)the action taken against those outsourcing agencies for non-payment of minimum wages to their employees as per the Minimum Wages Act during last two years and the current year?

ANSWER
   MINISTER OF STATE(IC) FOR LABOUR AND EMPLOYMENT
(SHRI BANDARU DATTATREYA)

(a) to (c): Yes, Sir. The workers are engaged through agencies as per provisions of General Financial Rules. Under Minimum Wages Act (MW Act), if any short payment is detected then claim is filed before the authority by the officer in addition to filing of the prosecution against the outsourcing agencies in the court of law. Authority directs to pay the difference of actual wages paid and minimum rates of wages fixed under Minimum Wages Act, along with compensation. The details of the enforcement of the Minimum Wages Act, in the Central Sphere during the last two years and the current year are at Annexure.
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पिछले तीन वर्ष और चालू वर्ष के दौरान केन्द्रीय क्षेत्र में न्यूनतम मजदूरी अधिनियम के प्रवर्तन के विवरण

क्रम सं.
विवरण
2012-13
2013-14
2014-15
(दिसंबर, 2014 तक)
1
किए गए निरीक्षणों की संख्या
15550
13099
4852
2
आरंभ किए गए अभियोजन की संख्या
5307
5167
1790
3
पता लगाई गई अनियमितताओं की संख्या
291148
270273
179958
4
अपराधसिद्धियों की संख्या
4954
5074
1041

Source: RajyaSabha.nic.in

JUSTICE DELAYED BUT DEFINITELY NOT DENIED

HONOURABLE SUPREME COURT ON

 (17.03.2015) HAS REPORTEDLY 

DISMISSED ALL SLPs

 FILED BY GOVERNMENT AGAINST 

PRE-2006 PENSIONERS




The Honourable Supreme Court of India has reportedly today dismissed all pending SLPs filed by the Government of India against implementation of CAT Principal Bench on the issue of Pre-2006 Pensioners. We also learn that the Government had reportedly requested for 4 months’ time for implementation to all pre-2006 pensioners.

All of you may be aware that the Government through its latest order of the Department of Pension & Pensioners Welfare tried to clarify as to why it had implemented only for S-29 Scale retirees and not for all other pre-2006 pensioners. In that order it had stated that unless and until the remaining three SLPs are not disposed of finally by the Apex Court, the Government will not implement the judgment of CAT Principal Bench for all pre-2006 pensioners.


The Government has finally met its waterloo today wherein the Apex Court has categorically dismissed all pending SLPS in this matter. There appears to be no other way for the Central Government now but to implement the pensioners favourable judgment to all categories of Pre-2006 Pensioners.

We hail the judgments of Honourable Supreme Court of India.

We hope the Central Government will at least now understand that it cannot for ever cheat the senior pensioners who toiled throughout their life for the service of Government.

This marks a great victory for the persistent struggle launched by several organisations of pensioners against the unjustified stand of the Central Government.

Even though this judgment will not bring Full Parity in Pension to all past and future Pensioners as we are continuously demanding since the retrograde recommendations of 6th CPC were known, it is definitely a great victory on the face of misinterpretation of the 6th CPC recommendation by a section of bureaucrats after initially accepting and ordering for implementation of pay commission recommendations to the extent of calculating minimum pension on the basis of  pay in the pay band of each cadre   instead of minimum of pay band.

This judicial victory prior to conclusion of enquiries by the 7th CPC is expected to go a long way in favour of lakhs of pensioners in determining the pension for all past pensioners through the recommendations of 7th CPC. We wish all Pensioners Organisations while submission of their oral evidence before the Pay Commission shall underline the importance of this judicial victory as well as to impress upon the Chairman of 7th CPC for Full Parity in Pension to past and future pensioners.

K.Ragavendran
General Secretary AIPRPA


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