As servant of TU and Whistle blower Mails to BSNL CMD on Contract Labour System
Mail addressed to CMD, Dir F and Dir Hr dt 9-10-2019
I am really unhappy about your ignoring my mails which are stating the ground level facts regarding the system of Contract Labour in BSNL. Leave alone I am an activist of a Trade Union- take me as a responsible whistle blower. There are acts for both Contract system and policy for whistle blower. It is unfortunate You honest and dedicated Officers are ignoring both. I know the Position of CMD/ Director is very responsible one and you may not have time to see all the mails. But what happened to your machinery like GM/DGM/AGMs of WSI or Admn or Est units.. Why my mails are not marked to them and why no acknowledgment even.
I cannot question your austerity measures and you higher officers are the best Judge- Whether you keep 1 lakh Contract labourers or 50% / 25 % of them is as per your wisdom and financial conditions. But if you keep even some thousands, act according to the provisions of the CLRA Act 1970/ Rules 1971. The ignorance and lack of awareness about the system in each SSA by all the stake holders (Contractor/ GM the Principal employer/ labourers) and absence of moral compass are the factors need to be taken care of.
My simple question is when Contractor as per the tender conditions and as per the provisions of Act failed to pay and the Principal employer also failed what is the remedy? Why the released fund is remitted to the account of Contractor who failed to pay and claimed the same. Why not the principal employers pay the same to the labourers directly and deduct the amount from the claims of the Contractors?
Why nobody is accountable for the money released to contractor and checking the remittance of PF to the concerned account of the labourer? Why BSNL money is wasted and allowed for the looting of contractors without remittance to PF office?
Kindly think of the serious issues that I brought in my previous mails and direct the authorities to make the system run honestly at all levels by following the provisions of CLRA Act.
The above mail forwarded to CLC central ND dt 14-10-2019
Mail to CMD/ Dir F dt sep 27,2019
Kindly go thro the piece I have enclosed herewith. My intention is not to hurt or make anyone uncomfortable. There is utter confusion in understanding the system. My humble request you is to make the concerned people to understand the contract labour system by sending correct version about this system from CO..
I am fully conscious about the financial crisis. Unless bottom up solution is made in addition to top down directions, it is difficult to rejuvenate. How to make each SSA a profitable one- how to realize should be the action points at every GM level.
Sorry to bother you great Leaders of Telecom..
Text of the Mail
Contractors and the Principal Employer both failed When Contractors and the Principal Employer both failed to pay the wages to the laborers within the prescribed period what is the remedy? How to regulate the system if the system going to sustain in BSNL?
The Existing Provisions of 1970 Contract Labor Act are incorporated in the New code Bill namely ‘The Occupational safety, Health and Working Conditions code 2019 ( Bill No. 186 of 2019)”. The arrangement of clauses regarding contract Laborers is given in the Chapter 11 as special provisions in that code.
The other Code ‘The code on wages issued by Law Ministry on 8th Aug 2019’ also speaks of Contract laborers and Payment of wages
In the OSH Code 2019 the following are the provisions regarding the responsibility of payment of wages
55. (1) A contractor shall be responsible for payment of wages to each contract labour employed by him and such wages shall be paid before the expiry of such period as may be prescribed by the appropriate Government.
(2) Every contractor shall, make the disbursement of wages referred to in sub-section (1), through bank transfer or electronic mode and inform the principal employer electronically the amount so paid by such mode: Provided that where it is not practicable to disburse such payment otherwise than in cash, then, it shall be disbursed in the presence of a representative duly authorised by the principal employer and it shall be the duty of such representative to certify the amount so paid as wages in such manner as may be prescribed by the appropriate Government
(3) In case the contractor fails to make payment of wages referred to in sub- section (1), within the prescribed period or makes short payment, then, the principal employer shall be liable to make payment of the wages in full or the unpaid balance due, as the case may be, to the concerned contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
(4) The appropriate Government, in the event the contractor does not pay the wages to the contract labour employed by him, shall pass the orders of making payment of such wages from the amount deposited by such contractor as security deposit under the licence issued by the licensing officer to the contractor, in the manner as prescribed by the appropriate Government
Our Case In BSNL
In the BSNL the question is who is the Principal employer- GM of respective SSAs or CGM or CMD?
As PER THE EXISTING ACT or as per the proposed CODE 2019 “A contractor shall be responsible for payment of wages to each contract labour employed by him”.
If the Contractor fails to pay wages as per agreed tender conditions within the prescribed period , the Principal Employer is liable to make the payment (the wages) directly to the laborers as the establishment is having the copy of muster roll.
What is the prescribed period? As per the Payment of wages Act it is before the expiry of 7thday / 10 th day.
In BSNL every contractor is failing every month to make payment before these dates. The Principal employer is also failing every month and not making payment directly to the laborers as per the GOI act.
If GM is the Principal Employer, he has to seek fund by bringing the failure of Contractors to the notice of His Higher-ups like CGM/CMD in order to make payment directly to the laborers as per the directions of the Act?
What is the practice going on?
Contractors of BSNL are giving claim bills without taking any responsibility of payment and waiting for fund from BSNL. In turn BSNL SSAs are issuing pay orders without checking the responsibility of Contractors regarding payment and dues like PF etc. CGM office is projecting fund in the appropriate head. ND CO is failing to clear funds stating the financial crisis. MOC in parliament is reporting that in BSNL priority is for Employees payment and for statutory dues. Settlement of Contractors Bills is secondary only.
If that fellow contractor failed, why the BSNL management is sending money to his account as per his claim bill after some months? Who can instruct that ‘Gentleman’ to spend the money deposited in his account as per his claim to pay the labors. Whether PF office is accepting his delayed PF remittance?. After money deposited how can you tally in what way he spends money?
Whether payment due to labour is statutory in nature or not as per the acts?
The settlement to contractor’s bills may not be statutory as MOC recorded. ‘When contractor failing his responsibility to pay it then the principal employer is liable to pay it’ means what.. Is it not statutory? The failure of awareness of the provisions of the act and the absence of moral compass right from the contractors to concerned authorities are the causes of severity of the issue
Whether the LEO/RLC is monitoring?
The Enforcement Officers like LEO/RLC is failing to inspect the BSNL offices and checking the records and taking appropriate actions, even after unions bringing the ordeal of CL due to nonpayment months together
Why not CLMS in BSNL?
CLMS- Contract Labor Management system is a web based system designed by Coal ministry and followed by NLC. The software module is to digitize the work environment. The CLMS will provide all the details about the system like contractors, their licensing, labour, payment, work order details etc. Unfortunately the ministry framing the Digital communication policy and celebrating Digital India is not following and not directing BSNL and MTNL to create one such software like CLMS. Unfortunately this has not become the demand of any stakeholders.
Mail addressed to Pattabiraman by O/O CLC forwarding his mail to BSNL Dt Oct 4 2019
Please find enclosed herewith a letter dated 04.10.2019 on the subject cited above.
Office of Chief Labour Commissioner(C)
Ministry of Labour and Employment New Delhi
Text of the letter of CLC
F.No.20(3 I )20 1 9-LS.III Govemment of lndia Ministry of Labour & Employment Office of the Chief Labour Commissioner(C) New Delhi Dated:- I I 10.201 9
The AGM (Adm.)
Bharat Sanchar Nigam Limited
Subject:- Contract Labour System in BSNL-Regarding.
Please find enclosed herewith an e-mail dated 14.07.2019 received from Shri R. Pattabiraman, Ex Circle Secy NFTE- BSNL TN on the subject mentioned above. You are requested to look into the matter and take appropriate action under intimation to this office.
Encl: As Above.
Regional Labour Commissioner(C)Hq
Copy to: Shri R. Pattabiraman, Ex Circle Secy NFTE-BSNL TN (E-mail id: email@example.com) in reference to your e-mail dated 14.07.2019