M.S.Yatnatti Editor Property Politics
LABOUR DEPT DID NOT TAKE ANY ACTION ON BBMP AS POURAKARMIKAS WERE NOT MADE PERMANENT WITH SPECIAL RECRUITMENT RULES
by Admin User - Wednesday, 12 January 2022, 10:37 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Labour commissioner and department did not take any action on BBMP . About 3252 “Pourakarmikas (Sanitation workers)) were not made permanent who are on the biometric rolls of BBMP since 01-01-2018 for about two years despite labour department gave them two years time to regularize their services within two years with special recruitment rules which was one of the condition prescribed by labour department while giving exemption from labour Act. The two years’ time given is coming to an end on 27-10-2019 and BBMP need to regularise at one go all 32563 “Pourakarmikas (Sanitation workers). Instead of regularizing and recruiting 3252 pourakarmikas as per orders 3300 were removed and advertisement issued for recruitment of only 4000 pourakarmikas instead of 3252 pourakarmikas and discrimintary orders were issued on 01-08-2019 to place permananat pourakarmikas who are not on biometric attendance to supervise contract pourakarmikas who are on Biometric attendance.Request is made to withdraw order dated 01-08-2019 and 11-10-2019 by JC West.About 3252 “Pourakarmikas (Sanitation workers)) were not made permanent who are on the biometric rolls of BBMP since 01-01-2018 about two years despite labour department gave them two years time to regularize their services within two years with special recruitment rules which was one of the condition prescribed by labour department while giving exemption from labour Act as per Government order UDD 126 BMS 2016 Bengaluru dated 07-08-2017 and Labour Department order Notification LD 92 LDWA 2017 Bengaluru dated 27-10-2017 and Commissioner BBMP Order dated 21-12-2017 to directly appoint them on BBMP rolls on contract basis instead BBMP removed 3300 “Pourakarmikas (Sanitation workers) without any notice and without any proof stating that they did not have two years of prior service and issued an advertisement number PR/53& 54 2015-16 Dated 27-08-2019 for recruitment of 4000 “Pourakarmikas (Sanitation workers) instead of regularizing 3252 “Pourakarmikas (Sanitation workers) as per Government order at the scale of Rs 9600-14550 for “Pourakarmikas (Sanitation workers). The two years’ time given is coming to an end on 27-10-2019 and BBMP need to regularise at one go all 32563 “Pourakarmikas (Sanitation workers) as they are on BBMP Rolls .Seeking to end years of exploitation by contractors, the State government has decided to absorb outsourced pourakarmikas working for various urban local bodies in the State. The State Cabinet, which met on May 4, has decided to absorb all the contract pourakarmikas in city corporations, city municipal councils, town municipal councils and town panchayats by April 2017, virtually drawing curtains on the contract system of garbage clearance across the State. the Cabinet has also decided to ensure the payment of salaries to the contract pourakarmikas directly from urban local bodies till they are absorbed by the government. “There were complaints that contractors were not giving their full salary and were not paying their Provident Fund (PF) and Employee State Insurance (ESI) dues”.

The Apex Court held that policies to create artificial parameters to deny fruits of labour to an employee engaged for the same work cannot be countenanced in a welfare state. Such an action, besides being demeaning ,shocks of the very foundation of the human dignity, as one who is compelled to work on lesser wages does not do so voluntarily. The Apex Court observed that such action constitute an act of exploitation emerging from a dominant position. Reliance was also placed on Article 7 of the International Covenant on Economic, Social and Cultural Rights 1966, to which India is signatory having ratified the same on 10 April 1979. Under this convention the India has recognized the right of every one to the enjoyment of just conditions of work, healthy working conditions, leisure, reasonable limitations of working hours, periodical holidays and pay.About 3252 “Pourakarmikas (Sanitation workers)) were not made permanent who are on the biometric rolls of BBMP since 01-01-2018 about two years despite labour department gave them two years time to regularize their services within two years with special recruitment rules which was one of the condition prescribed by labour department while giving exemption from labour Act as per Government order UDD 126 BMS 2016 Bengaluru dated 07-08-2017 and Labour Department order Notification LD 92 LDWA 2017 Bengaluru dated 27-10-2017 and Commissioner BBMP Order dated 21-12-2017 to directly appoint them on BBMP rolls on contract By the Award, the Concerned workers need to be declared to be permanent workers of the Corporation. They will have to be given benefits on par with the other permanent workers. These 3252 workers are working shoulder to shoulder with 2514 odd permanent workers enagaged in keeping the City clean. While the permanent workers are accorded all the facilitates and security of tenure,the working and living conditions of the concerned workers, are pitiable. The way they have to live , the manner in which they are made to work ,is below human dignity. Many have no permanent shelter, hardly any access to medical treatment, washrooms, toilets, changing rooms,which facilities the permanent workers enjoy. Many workers get injured on duty while handling the garbage ,develop illnesses,and are left to fend for themselves ,with almost no medical care. They have to manually remove excrement, rotting animals, ride on the trucks carrying garbage, rotting carcasses. These workers work throughout the year, barring four days. One does not have to go through years of such sub-human existence to complain of exploitation. The various ameliorative measures contemplated by the State for this class, their extreme backwardness tied up with the caste system, the lowly menial work they are forced to engage into by a public body which is bound to follow the ideals of the Constitution of India, makes the case of the concerned workers sui generis and cannot be compared to any other contract labour dispute. The Corporation is under a mandate to keep the City clean. Residents of the City have a fundamental right to a clean environment. This fundamental right and the mandatory duty, cannot be achieved by subjugating the fundamental rights of the workers to basic human dignity. The anxiety to find innovative ways to maintain a clean city can be understood, but in a welfare state, cleanliness for one class of citizens cannot be achieved by engaging in 'slavery' of the others.These 3252 workers, working round the year, provide the foundation on which the City functions. Instead of acknowledging this importance and giving them stability of permanent tenure to improve their living conditions, the Corporation, a public body, has taken advantage of its dominant position to exploit these lowest strata of the community, disregarding various welfare measures suggested by the State by not making their services permanent despite government orders to do it within two years.It is submitted that provisions of “Employment of Manual scavengers and construction of Dry Latrines (Prohibition) Act, 1993” and “The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013” and placed reliance on the full bench decision of the Apex Court in Safai Karmachari Andolan & others vs. Union of India & others reported in (2014) 11 SCC 224.