By : M.S.Yatnatti Editor and Video Journalist Bengaluru:Under what law and criteria BBMP taken biometric attendance and paying pourakarmika direct salary without appointment orders and appointment letters is a big question . Reportedly the BBMP will began paying monthly salaries by direct payment to pourakarmikas 01-01-2018 without appointing them on BBMP Rolls by just taking their biometric attendance system and paying the same salary directly which contractors were paying . Their salaries for the month of November, payable on December 1, will directly be credited to their accounts instead of routing it through garbage contractors.The question remains the same BBMP Commissioner who has rejected and challenged single bench and limited it to petitioner in double bench as recent order byHKHC in WP Nos 201021-022/2015 (s-res) dated 5-06-2015 to all commissioners of BBMP ,city corporations of Tumkur Shivamogga , Vijayapura Mngalore Belgaum Bellary Davangere Huballi-Dharwad Kalburgi and Mysuru are directed to take appropriate and immediate steps to regularize the services of daily wade sweepers scavengers or purakarmikas either working on out source or through contractors wthin six months from date of order now same BBMP Commissioner is appointing on contract appointment 22000 pourakarmikas directly and paying direct salaries in violation of his own order in double bemch . Insttead of all this bugling BBMP Commisooner could have regularsied the services of all 22000 to pourakarmikas from 01-01-2018 and paid direct salaries under biometric attendance system. The contractors are now restricted to renting out their vehicles and drivers to the civic body.
Pourakarmikas were demanding total abolition of contract system in BBMP and total regularization of Pourakarmikas. .Instead of abolishing the contract system government itself is promoting contract labour karnataka government banned in 2007. One will be contract employee paid Rs 17 000/- and other will be permanent employee paid about 40,000/- and discrimination among employee and both are paid by BBMP different salaries. Equal pay for equal work.In civil appeal number 213 of 2013 the issue for consideration of the Hon'ble Supreme Court was as under:"whether temporarily engaged employees (daily-wage employees, ad- appointees, employees appointed on casual basis, contractual employees and the like), are entitled to minimum of the regular pay-scale, along-with dearness allowance (as revised from time to time) on account of their performing the same duties, which are discharged by those engaged on regular basis, against sanctioned posts”.The Hon'ble Supreme Court held that:"There can be no doubt, that the principle of 'equal pay for equal work' would be applicable to all the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged Government employees, holding the same post”.In so far as the contract labour is concerned, the Contract Labour (Regulation & Abolition) Act, 1970 and the rules framed thereunder regulate the employment of contract labour. Rule 25(2)(v)(a) of the Contract Labour (Regulation & Abolition) Central Rules, 1971 provides for parity as mentioned below:"in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work”.A well-established Central Industrial Relations Machinery (CIRM) is in place to enforce the Contract Labour (Regulation & Abolition) Act, 1970. The country-wide network of Deputy Chief Labour Commissioners (Central) and Regional Labour Commissioners (Central) under the control of Chief Labour Commissioner (Central) is mandated to settle the complaints/claims of the contract workers in terms of the provisions of the said Act and the Rules framed thereunder.The above information given by the Minister of State for Labour and Employment Shri Bandaru Dattatreya in Parliament on 12.4.2017.