By : M.S.Yatnatti Editor and Video Journalist Bengaluru : BBMP has announced recruitment of 4000 pourakarmikas and stopped recruitment process stating that according to court order it will regularize the pourakarmikasbut without the knowledge of pourakarmikasBengaluru Minister and chief Minister it challenged the order on flimsy and technical ground and got stay of the order on it and now neither recruitment nor regularization and nor abolition of contract system as promised to high court of Karnataka.Why BBMP is playing the dirty game with the lives of pourakarmikas is big question being asked by everyone in Karnataka who are interested with welfare of SC ST development. in recent order by HKHC 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 sorce or through contractors wthin six months from date of order. The Government could have implemented this order and resolved the issues with pourakarmikas instead it challenged it on on a technical ground and got injustice to all pourakarmikas .Reportedly few officers have vested interest and in connivance with few contractors are spell bound to inflict injuries to pourakarmikas by not allowing the BBMP to regularize the pourakarmikas despite legal remidies were available and made BBMP to back stab by challenging the beneficial court order HKHC in WP Nos 201021-022/2015 (s-res) dated 5-06-2015 stopped the recruitment process or regularization process by abolishing contract system . It all dirty game played by few people to inflict injustice on SC ST Persons .This is nothing but attocity on SC ST persons according to newly amended POA Act 2015 .
Mr. Chiranjeevi N.Vthe Secretary, said in the discussion on abolishing contract labour or temporary employment for pourakarmikas had begun after the civic body in Haliyal in Uttar Kannada district regularised the services of its pourakarmikas following a High Court order. "We should remove the word temporary from the labour force's lexicon. The pourakarmikas should be taken as regular employees from the time they join work,” Mr. Chiranjeevi N.Vthe Secretary said.He said the exploitation of pourakarmikas at the hands of the contractors was so rampant that immediate measures should be taken to end the contract system .The BBMP had invited applications from candidates for 4,000 posts of Pourakarmikas when 18,000 of them have already been working on contract basis and about 35,000 were working in State. "Few of the legal experts state that Uamadevi SC order is not applicable to pourakarmikas as they have completed more than 240 days of their service and in some cases they have completed more than 10 yearsof service in contract labour.The Supreme Court ruling says that daily wagers who have worked for at least 240 days in a calendar year are entitled to be regularised An earlier judgment by the Constitution Bench said that daily wage employees had no right to seek regularization.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.
The High Courtearlier had directed the State government to consider within six months the proposal of cancelling the contracts of pourakarmikas and appointing them as permanent employees of city municipal corporations and urban local bodies.A Division Bench of Justices K L Manjunath and Ravi Malimath passed the direction while hearing a PIL filed by former Mysore mayor Narayana, who is also president of the Karnataka State City Corporation and Town Municipalities Pourakarmikas Mahasangha. He had requested the court to direct the corporations and municipalities to pay wages to contracted pourakarmikas on par with the permanent staff.During the hearing, Additional Advocate General Shivanna submitted that the proposal to appoint contract civic workers employed with city corporations, city municipalities and town municipalities as permanent employees is pending before the State government and added that it will be done within six months. The Bench told the government to complete the process in the prescribed time and disposed of the petition. The petition contended that though the contract workers are doing the same amount of work, the corporations are paying them lesser than those employed on a permanent basis, which is a violation of the right to equality.It is directed by HKHC in WP Nos 201021-022/2015 (s-res) dated 5-06-2015to all commissioners of BBMP ,city corporations of Tumkur Shivamogga , Vijayapura Mngalore Belgaum Bellary DFvangere 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 sorce or through contractors wthin six months from date of order.
Chiranjeevi N.Vthe 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 despite enhancement by state Government..
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.