By : M.S.Yatnatti Editor and Video Journalist Bengaluru: 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 or NMR daily wage worker which 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.
As per the orders issued by Government of Karnataka nn 07-08-2017 BBMP will recruit 5486 pourakarmikas 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 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 .