House rent
clifford john coelho
(Querist) 20 September 2015
This query is : Resolved
Sir I am working as a contract employee in AIR INDIA for last 24 yrs.
We are a total of 75 workmen in Mumbai with the same principal employer.
Are we not entitled to "MAHARASHTRA MINIMUM HOUSE RENT ACT"
If we are entitled then please help and advise how to go about it .(I AM GOVERNED BY THE CLRA ACT ).
THANKS
Guest
(Expert) 21 September 2015
In contractual employment, HRA is subject to the terms & conditions of the contract or, in the absence of which, at sole discretion of the employer
K.S.Srinivas
(Expert) 21 September 2015
Principal employer is not liable. The relationship is between the contractor and the contract worker and subject to the terms and conditions of the contract.
Kumar Doab
(Expert) 21 September 2015
Few clarifications are not given by you!
>>> Have you consulted your Labor Law Consultant/Service Matters Lawyer/Law firm?
What is their opinion?
>>> Has you Employee's Union/Trade Union Taken up the matter?
What is the outcome?
>>> Are you contract employee of M/s Air India or employed through contractor of M/s Air India?
Can you prove that the control is of M/s Air India.......................and the contract is sham and camouflage?
Has M/s Air India declined to pay?
If yes Why?
>>> In any case you should be eligible for House rent!!!!!!
>>> You should be eligible in the State of Maharashtra as per the state enactment:
Maharashtra Workmen's Minimum House Rent Allowance Act, 1983
State Government passed Act No. XXIII of 1988 called as the Maharashtra Workmen's Minimum House-rent Allowance Act, 1988. By this Act, the State Legislature provided for payment of minimum House-rent to workmen employed in industries in Maharashtra. This Act has been brought into force by the State of Maharashtra on 1-1-1991 vide Notification No. HRA- 1084/9498 (i) LAB-2 dated 26-12-1990. This Act has also been passed by the State of Maharashtra by invoking Entry Nos. 22, 23 and 24 of the Concurrent List.
The Act contains the provisions which require the employer to pay house rent allowance compulsorily to every workman. Sub-section (2) extends the provisions of said Act to entire State of Maharashtra.
State Government to apply provisions of this Act to any factory or establishment in any industry or industries wherein even less than 50 workmen are employed.
Once the provisions of this Act apply or are applied to any factory or establishment, in any industry under this section, they shall continue to apply to such factory or establishment, notwithstanding that the number of workmen employed therein falls below fifty or such higher or lesser number of workmen as may be specified under the notification issued under sub-section (4) or (5) as the case may be.
You may go thru:
http://bombayhighcourt.nic.in/libweb/acts/1988.23.pdf
Bombay High Court
C.J. Patel Tobacco Products Pvt. ... vs State Of Maharashtra And Anr. on 27 July, 2004
http://indiankanoon.org/doc/397761/?type=print
>>> CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA 2538/2011
http://indiankanoon.org/doc/144850409/
5. There is a dispute about the payment of certain other benefits like HRA, residential accommodation etc. Mr. Pawan Kumar Bahl, learned counsel for the respondents stats that the respondents shall be satisfied if they are also given the same treatment and benefits as were given by this Court in the aforementioned judgment as per the passage supra.
6. This writ petition is accordingly disposed of with the direction to the petitioner to give the benefits to the respondents in similar manner.
15. In view of the above position, this O.A. is allowed. Consequently, we direct the respondents to grant the applicants salary and other benefits as given to the other contractual employees under the Govt. of NCT of Delhi. They shall also grant other benefits like Earned Leave (Medical Leave and Paternity Leave), Health Card facility, Transport Allowance, HRA, Bonus, LTC, child feets, etc. However, arrears arising out of the aforesaid direction shall be given to them from 14.07.2011 i.e. the date of filing the present O.A.
>>> Delhi High Court
Ashok Kumar And Ors. vs The State And Anr. on 20 December, 2006
http://indiankanoon.org/doc/270224/?type=print
..................that the contract was sham and camouflage ...............
clifford john coelho
(Querist) 21 September 2015
YES AIR INDIA HAS REFUSED ,HOW AND WHERE TO WHOM TO FILE A COMPLAINT ,PLEASE ASSIST.?
KUMAR DOAB
Kumar Doab
(Expert) 21 September 2015
Whats exactly is the reason quoted by M/s Air India, and opinion of your employees/trade unions, your lawyer?
clifford john coelho
(Querist) 22 September 2015
HR DEPARTMENT SAYS THIS ACT IS NOT APPLICABLE TO CONTRACTUAL EMPLOYEES OF AIR INDIA.
I GOT PF,ESIC AND (GRATUITY WHEN I RETIRE).
ALL THESE PF ,ESIC NOS ARE OF AIR INDIA NOT THE CONTRACTORS.
Kumar Doab
(Expert) 22 September 2015
You have yourself quoted a state enactment, in your first post.
I have already provided you the link to the Act.
The answer to all of queries is given in the Act e.g.: Sec:3.
You have posted that:"HR DEPARTMENT SAYS.......................".
Has the HR dept said this in writing?
Have you asked in writing?
Saying/said,telling/told,asking/asked etc are verbal mode and not on record.
Inputs in detail have been provided to you.
If you are unable to handle on your own then you may approach.............. Employee's Union/Trade Union, your Labor Law Consultant/Service Matters Lawyer/Law firm....................and thru them the authority in Labor Office!
clifford john coelho
(Querist) 22 September 2015
TO KUMAR SIR AGAIN TODAY I MET HR HEAD HE HAS GIVEN ME COPY
G.N.I.E. & L.D. No. 1084/9498 (v)/
Lab 2 dated 26th December, 1990.
(M.G. Pt. 1.L, p. 480)
In exercise of the powers conferred by sub-section (1) of section 13 of the Maharashtra
Workmen’s Minimum House-Rent Allowance Act, 1983 (Mah. XXIII of 1988), the
Government of Maharashtra, being satisfied that it is just and proper so to do in the public
interest, hereby directs that, with effect from the 1st January, 1991, the provisions of the said
Act shall not apply to the factories and establishments in the industries,–
(a) carried on by or under the authority of any Department of the Government of India;
and
(b) the management of which has been taken over by the Government of India under any
law for the time being in force
Kumar Doab
(Expert) 24 September 2015
This thread initiated by you has prompted us to exert, explore and find that house rent is applicable in situation narrated by you in the query in this thread.
Do all of these conditions apply to M/s Air India since your DOJ to LWD (each year and day)? You alone would know it.
If the state Govt can grant exemption then it can...................although you need to check if exemption was granted.
We are at loss to understand why the HR -Head has just given a copy to you and has refrained from writing to you and substantiating the reply with certified copy of the document?
The ACT and decisions have been provided to you that are sufficient to explore various options.
Beyond this....................you may approach.............. Employee's Union/Trade Union, your Labor Law Consultant/Service Matters Lawyer/Law firm.................and spend quality time to understand the merits and options and remedies.
Best Wishes.
clifford john coelho
(Querist) 24 September 2015
to kumar sir,i have put in a RTI to Maharashtra govt reply is awaited.
Registration Number /नोंदणी क्रमांक :
IEALD/R/2015/60199
Name /नाव
clifford john coelho
Date of Filing /भरणे तारीख :
22/09/2015
Status /स्थिती :
REQUEST FORWARDED TO SPIO /एसपीआयओ कडे विनंती पाठवली
as on 23/09/2015
Details of SPIO :- Telephone Number:- 02222850019, Email Id:- prashant.rathod@nic.in
Note :- You are advised to contact the above mentioned officer for further details.
View Document /दस्तऐवज पहा :
Reply Document Not Attached
Nodal Officer Details
Telephone Number /टेलिफोन क्रमांक :
02222810386
Email Id /ई-मेल आयडी :
digambar.rajput@nic.in
