VIJAY WALIA
Vijay lodge, Rajbaha Road near Hira Motor Patiala
Email:- vijaywalia7@gmail.com Mob:-+7508293023
Activist:- RTI & Un-organized labour welfare
Patron: Ajmer Merwada
Contractors Association, Ajmer (Raj.)
Ref:- ……………. Dated:
29-03-2014
NOTICE U/S 80 OF
THE CODE OF CIVIL PROCEDURE, 1908
WITHOUT PREJUDICE
SPEED POST
To
The
Secretary, Govt. of India
Department of
Labour & Employment
Shram Shakti
Bhavan Rafi Marg
New Delhi.
Subject:- Willfully disobedience of the orders
of Hon’ble Supreme Court of India in CWP 318 of 2006.
Respected Sir/Madam,
The Hon’ble Supreme Court of India in CWP 318 of 2006 has given
directions on 18-01-2010. The relevant direction i.e. direction no. 6 is as
under:-
“All contracts with Governments shall require registration of workers
under the Act and extension of benefits to such workers under the Act.”
The Applicant Sought information under RTI Act 2005 vide letter dated:
04-02-2014 from the Central Public Information Officer, Office of The Chief
Engineer CPWD, Kendriya Sadan, Sector-9 A, Chandigarh, Which is marked as
Annexure-1. The Information sought by the Applicant is as under:-
|
1.
|
Whether The
Contractors who are executing the building & other construction work are
getting registration under section-7 of the BOCW act 1996.
|
|
2.
|
Whether The
Contractors executing the building & other construction work/field staff
of the department are extending the benefits of BOCW act 1996 to the workers.
|
The CPIO Office of The Chief Engineer, CPWD, Chandigarh vide letter
No: 432 Dated: 12-02-2014 transferred the Application of the Applicant
under Section 6(3) of the RTI act 2005. Which is marked as Annexure-2.
The Executive Engineer PGIMER Chandigarh Project division CPWD, Sector
7B, Chandigarh vide letter No: 48 dated 19-02-2014 has sent
the information to the Application that information sought by the Applicant is
not related with their office information as nil. Which is marked as
Annexure-3.
The Superintending Engineer Shimla Central Circle, Kennedy Cottage, Shimla-04
vide letter No: 607 Dated: 19-02-2014 transferred the application of the
applicant under section 6(3) of the RTI act 2005. Which is marked as
Annexure-4.
The Superintending Engineer (E) Chandigarh Central Elect Circle, CPWD,
Sector 9(A), Chandigarh vide letter No: 264 Dated: 20-02-2014 has sent the
information to the applicant is as Nil, stating that the information sought by
the applicant is not related to their office. Which is marked as Annexure-5.
The Executive Engineer Division No:2, Chandigarh CPWD Sector 7-b
Chandigarh vide letter No: 598 Dated: 01-03-2014. (Which is marked as
Annexure-6.) has supplied the information to the applicant as under:-
|
Question
|
Answer
|
|
|
3.
|
Whether The Contractors who are executing the building
& other construction work are getting registration under section-7 of the
BOCW act 1996.
|
Contractor’s registration
under section-7 of the BOCW act 1996 is not being done by this office. As
such reply may be considered as nil
|
|
4.
|
Whether The Contractors executing the building & other
construction work/field staff of the department are extending the benefits of
BOCW act 1996 to the workers.
|
Not Pertains to this
office.
|
The Executive Engineer Shimla Central Division No:1, Central Public
Works department Kennedy Cottage Shimla-04 vide letter No: 674 Dated:
03-03-2014 gave the information to the Applicant as Nil, stating that the
information sought by the applicant is not related their office. Which is
marked as Annexure-7.
The Executive Engineer Central Public Works department Shimla, Central
Division No:2, Kennedy Cottage, Shimla vide letter No: 584 Dated: 05-03-2014
gave the information to the applicant as Nil, stating that the information
sought by the applicant is not related their Office. Which is marked as
Annexure-8.
The Executive Engineer Madhopur Central Division Tehsil & District
Pathankot, Punjab vide letter No: 589 Dated: 12-03-2014. (Which is marked as
Annexure-9) gave the information as under
|
Sr. No
|
Question
|
Answer
|
|
1.
|
Whether The
Contractors who are executing the building & other construction work are
getting registration under section-7 of the BOCW act 1996.
|
Contractor Fulfills the required Parameters for execution of work.
|
|
2.
|
Whether The
Contractors executing the building & other construction work/field staff
of department are extending the benefits of BOCW act 1996 to the workers.
|
As explained at Sr. No (I) above
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The Executive Engineer (Electrical) Shimla Central Elect division,
Central Public Works department Himlok Pariser, Longwood Shimla (HP) vide letter No: 666 Dated:
15-03-2014 (Which is marked as Annexure-10) gave the information as under:-
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Sr. No
|
Question
|
Answer
|
|
1.
|
Whether The
Contractors who are executing the building & other construction work are getting
registration under section-7 of the BOCW act 1996.
|
As per the Existing tendering rules registration under BOCW act 1996
is not mandatory.
|
|
2.
|
Whether The
Contractors executing the building & other construction work/field staff
of department are extending the benefits of BOCW act 1996 to the workers.
|
Yes the recovery of Labour cess 1% is being carried out from each
contractor bill and is being deposited to the concerned labour department by
this office.
|
The information given by the officer working under
the Jurisdiction the Chief Engineer CPWD Chandigarh is violating the direction given by the Hon’ble
Supreme Court in CWP No: 318 of 2006.
The information given by the officer working under the Jurisdiction the
Chief Engineer CPWD Chandigarh clearly shows that the BOC workers working with
the Government Contracts in the Jurisdiction of the Chief Engineer CPWD
Chandigarh are not registered as beneficiary under BOCW ACT 1996 &
Contractors/Executive Engineer are not extending benefits to the BOC workers of
the BOCW Act 1996.
It is requested to you please take legal action immediately against the
Chief Engineer CPWD Chandigarh for violating the directions of the Hon’ble
Supreme Court & inform the applicant the action taken by you otherwise the
applicant will be compelled to get initiated the contempt of Court proceeding against the guilty officers
Thanking You,
Yours faithfully,
(Vijay Walia)
Copy
of the above is forwarded to The Chief Engineer, CPWD Chandigarh for
information.
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