By : M.S.Yatnatti Editor and Video Journalist Bengaluru : Chiranjeevi N.V the Secretary BBMP Poura Karmikara makkala kshemabhivruddhiSangaha” has demanded state Government to withdraw the notification declaring BBMP as state level organaisation in Hyderabad Karnataka reservations in recruitment Act-2013 as BBMP is not a state level organization as per the 371j constitution amendment and Hyderabad Karnataka reservations in recruitment Act-2013 does not apply to it as per 371j constitution amendment. The reservation of 1200 persons for recruitment of 4000 pourakarmikas for Hyderabad Karnataka in BBMP is illegal as BBMP is not a state level organization as specified in the Hyderabad Karnataka reservations in recruitment Act-2013 as per 371j constitution amendment. The constitution amendment does not have provision to declare Local corporation belonging to Bangalore BBMP to be declared as state level organization .Wherefore the notification need to be withdrawn immediately and all the post should go to BBMP areas in Bangalore as far as recruitment to 4000 Pourakarmikas is concerned.
Chiranjeevi N.V the Secretary BBMP Poura Karmikara makkala kshemabhivruddhiSangaha” has demanded state Government to abolish Contract pourakarmika and regularize them as BBMP pourakarmikas forth with as thesepourakarmikas, are working since several years undercontract laborers under filthy conditions. Landmark Verdict on Regularisation, Same wages and Service Conditions for Same and Similar kind of Work,All Components of Wages on par with Regular Workers For Contract Sanitation Workers in Karnataka Municipalities and Corporations! Request is made to Abolish Contract outsourcing of pourakarmika and regularize them as BBMP pourakarmikas employees forth with as thesepourakarmikas, are working since several years as contract laborers under filthy conditions. The BBMP alone has 21,000 pourakarmikas, including 17,000 on contract. More than 90 per cent of pourakarmikas are women, "As per sections of the Contract Regularisation and Abolition Rules, 1971, there should be one pay for one work i.e. equal pay for equal work. These rules have been flouted for so long by the government,”the government should address the lack of benefits and facilities to the Contract pourakarmika. Instead of outsourcing and paying more money to garbage contractors instead Contract pourakarmika need to be absorbed in BBMP .The State government has accepted the proposal of the Karnataka State Safai Karamchari Commission to abolish the contract system and outsourcing of pourakarmikas to private agencies but yet no decision taken by State government despite state giving undertaking to division bench in Honble Karnataka high court that it will do it in six months in WP No 6058/2006 (L-RES/PIL) order dated 12-03-2014 . A writ petition [WP No. 6058 / 2006 (L-PIL)] was filed in 2006 by Pourakarmikara Maha Sangha demanding justice for more than a lakh Pourakarmikas (Sanitation Workers) in Karnataka. The writ petition sought abolition of contract system, same wages and same service conditions for all contract Pourakarmikas engaged in same and similar kind of work as per Rule 25 (2) (v) (a) of Contract Labour Regulation and Abolition Rules, 1971, and providing all components of wages, benefits and other facilities to contract Pourakarmikas on par with regular Pourakarmikas in all City Corporations, City Municipalities and Town municipalities all over the state of Karnataka.
The contract labourers have become the employees of the principal employer in course of time andthe engagement and employment of labourers through a contractor or outsourcing through a contractoris a mere camouflage and a smokescreen, asit is fact that in contracts regular pourakarmikas also given to contractor , is a fact andestablished by the contract labourers on the basis of the requisite material and contract documents . In spite of being engaged in permanent and perennial nature of work, nature of employment of overwhelming majority of sanitation workers in all municipalities and corporations in Karnataka are under inhuman contract system. As on date, out of the total 18,709 sanitation workers only 3,178 are on the pay rolls of Bruhat Bengaluru Mahanagara Palike (BBMP) and the remaining are tied under the most exploitative contract system under 79 contractors. These workers clean all the 198 wards in Bangalore that are divided under eight zones. Regular Sanitation workers are being paid a monthly wage of around Rs. 14,000 while their counterparts under contract system are being paid a paltry sum of Rs. 5,054 a month.
It is an open secret that the outsourcing agencies seldom credited the Provident Fund and ESIC amounts in the workers' accounts. The recent Supreme Court ruling that daily wage workers who have worked for at least 240 days in a calendar year are entitled to be regularised has revived the hopes of many who work in the various departments in the State.Quoting an earlier constitution bench judgment on the issue, the bench comprising Justice A.R. Lakshmanan and Justice Loleshwar Singh Panta said that daily wagers could not claim regularisation if they had not worked for at least 240 days in a calendar year.