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KARNATAKA GOVERNMENT VIOLATE “EQUAL PAY FOR EQUAL WORK” APEX COURT NORM BY CREATING “REGULAR POURAKARMIKA” “CONTRACT/NMR POURAKARMIKA”

 
 
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KARNATAKA GOVERNMENT VIOLATE “EQUAL PAY FOR EQUAL WORK” APEX COURT NORM BY CREATING “REGULAR POURAKARMIKA” “CONTRACT/NMR POURAKARMIKA”
by System Administrator - Wednesday, 27 September 2017, 11:47 PM
 

By : M.S.Yatnatti Editor and Video Journalist Bengaluru: Karnataka Government is creating two class of posts for Pourakarmika for one and same work and paying them different salaries Instead of regularizing their jobs and it is paying direct salaries one get 40,000/- and another get 17,000/- for same and similar work. Department of Labour by its draft notification dated 07-09-2017b intends to create contract labour or NMR daily wage worker which karnataka government banned in 2007 as per SC order. And also creating two categories ofOne 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 where as SC order mandated Equal pay for equal work . The Department of Labour is one of the oldest Departments of Government and is carrying out  the responsibility of labour welfare and maintenance of smooth industrial relations.The activities regarding enforcement of labour laws and promotion of  industrial peace are simultaneously carried on, so that the twin objectives of industrial growth and labour welfare can be achieved.  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.