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“BBMP” CAN CONDUCT ELECTIONS TO POURAKARMIKAS TRADE UNION BY ITSELF UNDER COUNCIL DECISION OR GET IT DONE UNDER TRADE UNION ACT

 
 
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“BBMP” CAN CONDUCT ELECTIONS TO POURAKARMIKAS TRADE UNION BY ITSELF UNDER COUNCIL DECISION OR GET IT DONE UNDER TRADE UNION ACT
by System Administrator - Friday, 11 August 2017, 7:02 AM
 

By : M.S.Yatnatti Editor and Video Journalist Bengaluru : Demand is made by "BBMP Poura Karmikara and Arogya Gangman Gala Sangaha” that let BBMP conduct elections to it by BBMP itself under council resolution or under Trade union Act by labor department . BBMP in B12 (C1) PR 37/11-12in council resolution passed and decided to weed out unconnected trade unions operating from BBMP and make only one trade union for permanent employees of BBMP and decided to form "BBMP Poura Karmikara and Arogya Gangman Gala Sangaha” and conducted elections to it as per high court order .BBMP commissioner can conduct the elections as per BBMP resolutions as he is duty bound to implement the council resolutions and again conduct elections as per B12 (C1) PR 37/11-12 orBBMP commissioner can get elections to "BBMP Poura Karmikara and Arogya Gangman Gala Sangaha” by labor department commissioner as it also registered under trade unions as trade Union Act 1926 in TUA//Registration No 07-2012-13 Dated 27-09-2012 and now it is recognized trade union. Manjunatha Prasad BBMP Commissioner has created unnecessary lawlessness and confusion and unwarranted dispute.

"Under BBMP Commissioner, there is complete lawlessness right under his nose”. This is how a Mr Narsimha Elected President of "BBMP Poura Karmikara and Arogya Gangman Gala Sangaha” described the prevailing atmosphere in the BBMP, when commissioner Manjunatha Prasad reverses his order of conducting election to "BBMP Poura Karmikara and Arogya Gangman Gala Sangaha” after declaring the election schedule BBMP commissioner had not read amendments and has not read the UDD Circulars and orders, in respect of trade Unions. "Formation of Trade Unions in BBMP Permitted by UDD Order No UDD 49 MNY 2007 Dated 30-03-2010” whereas legal cell of BBMP gave illegal advice to then BBMP Commissioner . Urban Development department issued this order as per the legal opinion received from the Legal Department of Government of Karnataka as approved by Law Secretary Government of Karnataka which permits employees of BBMP to form trade unions as trade Union Act 1926.

The Commissioner BBMP Cannot Overlook UDD Orders. B12 (C1) PR 37/11-12 un-registered organization merged with Registered organization in TUA//Registration No 07-2012-13 Dated 27-09-2012 and now it is recognized trade union. Let Manjunatha Prasad conduct elections under B12 (C1) PR 37/11-12 council resolution or BBMP commissioner can get elections to "BBMP Poura Karmikara and Arogya Gangman Gala Sangaha” by labour department commissioner as it also registered under trade unions as trade Union Act 1926 in TUA//Registration No 07-2012-13 Dated 27-09-2012 but he need to clear confusion created by himself .The question of conducting elections to find out which trade union has majority in BBMP does not arise as all 4500 permanent Poura Karmikara and Arogya Gangman are members in "BBMP Poura Karmikara and Arogya Gangman Gala Sangaha” registered under trade unions as trade Union Act 1926 in TUA//Registration No 07-2012-13 Dated 27-09-2012 and no "BBMP Poura Karmikara and Arogya Gangman ” are members in 8 trade unions allegedly want to enter from Back door in BBMP as reported by officially recognized "BBMP Poura Karmikara and Arogya Gangman Gala Sangaha” under council decisions in under B12 (C1) PR 37/11-12 .

The BBMP is constituted under KMC Act and Pourakarmikas are employed by BBMP under KMC Act and though the BBMP has adopted KCSR and CCA for Pourakarmikas for wages and service conditions buteven then they remain as Pourakarmikas and appointed as Pourakarmikas and they come under Safai Karmacahari Commission and for that reason only BBMP conducted separate elections for Pourakarmikas Sangha and BBMP Noukarara Sangha .

Wherefore Pourakarmikas Sangha was registered under As per Karnataka Trade Union Regulations 1958 and Model Election Rules of Trade Union dated 18-06-1953 Pourakarmikas they sift through dustbins with their bare hands Duties are officially to collect garbage in baskets, segregate them into wet and dry, sweep the streets and finally manually load the collection into lorries. "Pourakarmikas are called to perform all kinds of odd jobs including picking up fallen trees. Residents dump garbage in open spaces inspite of us going from door to door to collect waste. Pushing almost 150kg of garbage in carts up and down the street, ” Segregating glass pieces, medical waste and septic wastes from drains with bare hands and feet and working amidst poisonous fumes in garbage dumps mean a plethora of health issues and frequent visits to hospitals.Mr Narsimha has submitted memorandum before commissioner about Pourakarmikas Demands: Main among them are the : Pourakarmikas need to be paid their salaries in time . "Why is the BBMP being insensitive to the plight of the workers? The BBMP officials and even the Commissioner expect their salary in the first week of every month. How are the pourakarmikas any different?” He said the BBMP had gone back on the assurances made during the meetings held several time. Contract labor has become a common practice in every department despite several permanent jobs lying vacant. 193 Pourakarmikas have been given same salary by the efforts of Sanghabut still they need to be absorbed in permanent cadre in notified areas. All the pourakarmika organisations should unite and fight for their rights The other major demands of the Narsimha included filling up of the 4,000 vacant posts sanctioned on January 30, 2010, within the next three months, banning contract labour tenders, appointment of dependants of the retired pourakarmikas to maintain public toilets, and using auto tippers to clear garbage. The pourakarmikas president Narsimha also demanded pushcarts, trolleys, handgloves, aprons and other equipment for collection of garbage.Hakku Patra and saledeeds need to begiven to those Pourakarmikas who have not yet received despite the are eligible to get it as per law.

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 . One will be contract employee and other will be permanent employee and discrimination among employee and both are paid by BBMP. As per the orders issued by Government of Karnataka nn 07-08-2017 BBMP will recruit 5486pourakarmikas and others will be contract pourakarmikas will be paid by BBMP directly .Permanent pourakarmikas will have different salaries and contract pourakarmikas will have different salary. No equal pay to equal work. Earlier contractors were exploiting and now government will exploit them. pourakarmikas were demanding that all should be made BBMP employees. Earlier BBMP had 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 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 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 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 byabolishingcontract system. It all dirty game played by few people to inflict injustice on SC ST Persons .This is nothing but atrocity on SC ST persons according to newly amended POA Act 2015 .