Respected experts,
We the central Govt orgnisation has been facing a problem from the Assistant labour commissioner and Enforcement officer in a complaint which has already ended before their office and referred to Ministry of labour and employment. Thereafter the dispute referredto industrial tribunal for adjudication the dispute between the management and workmen regarding the grant of temporary status and paying of Minimum wages by the Govt department. presently , the case is pending before CGIT, Ahmedabad and in the subject case the Hon'ble tribunal has granted interim relief that their services shall not be teminated till the final order.
Brief History of the case:
- The department provides free school transport for the school going children of the Department personnel as per the instructions issued by the GOI. Whereas in the ibid instruction, there was no clarification on the point of availing the services of the bus care takers who will assist school children while travelling in the bus.
- Accordingly, the responsibility has given to the Welfare department , to hire the bus care takers on temporary basis with a honorium of rs 3000/- with a annual increment Rs 150/-.
_ the source of payment is made to the bus care takers from the contribution collected from the parents of the school children and also not making any profit and other sundary expenses are also met with same contribution in terms of providing uniform , shoes on yearly basis.
procedure followed employing the bus care takers:
- A committee was ordered(2001) to hire the services on purely ad-hoc basis, for listing the charter of duties and honorium and etc. Whereas the committee has duly recommended that their services to be engaged only for 10 months and not beyond that. however , they were allowed and hired continuously as they were not paid from the consolidated fund of India.
Dispute/ Main issue:
the bus care takes have approached to Assistant Labour commissioner office with a complaint that they were not paid the Minimum wages and grant of temporary status, thereafter conciliation proceedings were taken before the ALC( central) office.
During the proceedings , the version of our department(Govt) as follows:
That they are only doing 04 1/2 hrs duty i.e. morning 0700 hrs to 0900 hrs and again in the afternoon from 1300 hrs to till dropping and they are not working continuosly for eight hours.
- thier honorium will be depend upon the contribution collected from the parents and also they were not paid from the consolidated fund of India.
- their work is nnot like as industrial labour i.e industrial manual labour continuously for 08 hours with breaks
- their are not entitled for minimum wages as their payment depends upon the contribution and not employed and working for the depatment directly. and the facility is purely on welfare based.
After recording version of the both parties, the ALC(C) has ended the proceedings as conciliation has failured between the parties,thereafter reffred to Ministry , then to CGIT for adjudication.
version of complainants before CGIt in their SOC as follows in prayer:
- for grant of temporary status
- for paying minimum wages or in option to pay equal pay for equal work
- for other consequential benefits.
Recent development:
After being the case pending before Hon'ble CGIT, the complainants once again approached the ALC(C) for paying minimum wages with same facts and evidences which they have already brought before ALC and referred the same to ministry , then CGIT on same issue. ALC has admitted the complaint and proceeding are going on with reply and counter thereon till date.
- the complainants has brought the same evidences as already persued by the ALC in the year 05 and no new evidence has been brought before and the contention of dapartment is same as in the previous one.
Clarification and guidelines needed for the department to tackle the issue to counter the ALC on following:
- once the subject matter is sub-judice, the ALC has any power to admit the complaint which had already end ed in failure o the same issue and facts and claims.
- once they are paid from the contribution of parents and working for 05 hours and their work not involving industrial manual labour, are they entitled to pay minimum wages and also the on the same issue the case is pending before tribunal.
- once they were not promised at the time of engagement that minimum wages will be paid or employees of govt department.
-whether the defence taken by govt deparment is correct or not
- at this stage the Labour enforcement office can invoke his jurisdiction on departmnet.
- whether the services of bus care takes comes under definition of any scheduled employment under the ID.
act, 1947.
- what will be the course of action by ALC at this stage.
- Whether the proceeding which are now going before the LEO is correct or not.
- ALC is insisting to meet Boss of the Govt department and also not giving in writing to meet the boss for the which purpose.
- What else he can do by using his powers apart from making Claim under the Minimum wages Act fro paying under wages
-What will be consequences to face by department, once refused to pay the minimum wages and also denied the claim
-What will be the procedure to counter their excessive jurisdiction by the department.
- to whom the department must consult/ approached on the issue.
Is there any remedy available under the any Indian Labour Laws to tackle the issue
- whether minimum wages to paid once they are being paid out of contribution of parents.
thanks in advance
your reply on the subject issue highly solicited.
