A complete reference blog for Indian Government Employees

Wednesday 4 April 2018

Equal Pay for Equal Work: Equal Pay for Daily Wagers/Contract Labourers and Regular Employees


Equal Pay for Equal Work: Equal Pay for Daily Wagers/Contract Labourers and Regular Employees

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
RAJYA SABHA
STARRED QUESTION NO. 346
TO BE ANSWERED ON 28.03.2018

EQUAL PAY FOR DAILY WAGERS/CONTRACT LABOURERS AND REGULAR EMPLOYEES

346. DR. SATYANARAYAN JATIYA:
Will the Minister of LABOUR AND EMPLOYMENT be pleased to
state:
(a)the policy of "equal pay for equal work" and the effective measures taken for the implementation of the same; and
(b)in reference to (a) above the measures taken to ensure equal payment to daily wagers and contract labourers employed in institutes, establishments and companies of Government and
private sector as is being given to regular employees employed there?

ANSWER
MINISTER OF STATE(IC) FOR LABOUR AND EMPLOYMENT
(SHRI SANTOSH KUMAR GANGWAR)
(a) & (b): The principal of "equal pay for equal work" was examined and laid down by the Hon‟ble Supreme Court in the civil appeal number 213 of 2013. The issue before 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, alongwith 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"

The above judgement of the Hon'ble Supreme Court dated 26th October, 2016 covers various sets of temporarily engaged employees, viz. daily-wage employees, adappointees, employees appointed on casual basis, contractual employees etc. It is mandatory for the employer/principal employer to comply with the provisions of labour laws and apply the ratio laid down by the Hon'ble Supreme Court regarding "equal pay for equal work" while paying wages to its workers/labourers.

In so far as the contract labour is concerned, the Contract Labour (Regulation & Abolition) Central Rules, 1971 provides for wage parity as stipulated in rule 25(2)(v)(a) which is reproduced 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"

Source: www.rajyasabga.nic.in

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Payment of Minimum Wages to Contract/Casual Employees

Ministry of Labour & Employment

Payment of Minimum Wages to Contract/Casual Employees

04 APR 2018
The basic rate of minimum wages for the scheduled employments in the Central sphere was last revised and notified on 19.01.2017. A component of minimum rates of wage, Variable Dearness Allowance (V.D.A.), was last revised on 01.10.2017.Rates fixed for the scheduled employments in the Central sphere are applicable to establishments under the authority of Central Government, railway administration, mines, oil-fields, major port or any corporation established by a Central Government. These rates are equally applicable to contract and casual labourers/worker. The implementation of the Act is done by the Centre as well as the States in respect of their respective jurisdiction. In the Central Sphere, the enforcement is secured through the Inspecting Officers of the Chief Labour Commissioner (Central) commonly designated as Central Industrial Relations Machinery (CIRM) across the Country for workers falling under the Scheduled Employment in the Central Sphere including CPSUs and Railways establishments through regular inspections. In case of non-compliance, penal provisions against the defaulting employers are invoked.This Ministry is in constant endeavor towards implementing the revised rates of minimum wages. As far as employees in Railway are concerned guidelines were issued in December, 2017 to Ministry of Railways/Railway Board. Ministry of Railways has also issued instructions to its Zonal Offices across the country for strict compliance of minimum wages in December, 2017.The data of inspections, amount of claims, action taken against defaulting employer under the Minimum Wage Act, 1948 in the Central Sphere for the last three years is at Annexure ‘A’.
Annexure ‘A’
Claims cases under Minimum Wages Act, 1948
Year Claims Amount
B/F Filed Decided Awarded Recovered Paid to Workers
2015-16 3672 743 1796 66654417 44128036 34879425
2016-17 2610 1198 1138 96684922 49485990 48540964
2017-18(upto Dec.,2017) 2617 1050 819 95757253 20697840 24866702

Minimum Wages Act, 1948

Sl.No. Particulars 2015-16 2016-17 2017 -18(upto Dec,2017)
1. No. of Inspections Conducted 9803 9151 7380
2. No. of Irregularities Detected 75938 61689 62304
3. No. of Irregularities Rectified 46467 53255 28884
4. No. of Prosecutions Launched 1549 2321 1130
5. No. of Convictions 1476 1951 1721

This information was given by Shri Santosh Kumar Gangwar, Union Minister of State (I/C) for Labour and Employment in written reply to a question in Rajya Sabha today.

PIB
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Reimbursement in respect of Newspapers purchased/supplied to officers at their residence - Guidelines regarding

Reimbursement in respect of Newspapers purchased/supplied to officers at their residence - Guidelines regarding

No. 25(12)/E.Coord-2018
Government of India
Ministry Of Finance
Department of Expenditure
(E. Coord. Branch)

North Block, New Delhi
Dated 3rd April 201B
OFFICE MEMORANDUM
Subject: Reimbursement in respect of Newspapers purchased/supplied to officers at their residence-guidelines regarding.

Department of Expenditure, Ministry of Finance, vide order no.1 (24)/E.IIA/96 dated 13th September, 1996, had issued guidelines on the subject cited above It has been felt that these guidelines are dated and need to be updated. It has therefore, been decided that in place of the existing practice of getting monthly reimbursement of newspaper on production of newspaper bills, reimbursement for newspaper may be made at the rates mentioned below based on the certification given by the entitled officer:
S. No Level of Officers Reimbursement to be made per
month (In Rs. )
1.Secretary / Secretary
equivalent
As per actuals
2.Additional Secretary/ Additional Secretary equivalentRs.1100
3.Joint Secretary / Joint Secretary equivalentRs.850
4.Director / Deputy Secretary / Under Secretary Section Officer or
equivalent
Rs.500
  1. A certificate as per the Annexure, to the effect that expenditure has been incurred on newspaper shall be provided by the officers on half yearly basis to the office for reimbursement.
  2. This issues in supersession to all earlier guidelines Of Department of Expenditure on the subject. The orders will be effective with immediate effect.
  3. The orders will be effective with immediate effect.
sd/-
(H.Atheli)
Director
Click to view Certificate
Source: www.doe.gov.in
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Re-fixation of pay of Running Staff in 7th CPC pay level


Re-fixation of pay of Running Staff in 7th CPC pay level-reg.

NFIR
 
No.I/2/Part IV
Dated: 02/04/2018
The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Re-fixation of pay of Running Staff in 7th CPC pay level-reg.
Ref: (i) NFIR's PNM Item No. 05/2017.

(ii) Railway Board's letter No. PC-VII/2016/IC/2 dated 21/08/2017 (RBE No. 99/2017)

(iii) NFIR's letter No. I/2/Part IV dated 20/02/2018.

(iv) Railway Board's letter No. PC-VIII/2017/R-U/37 dated 07/03/2018 addressed to GS/NFIR.
With reference to reply received from Railway Board vide letter dated 07/03/2018. Federation cites below the specific cases where the running staff promoted during the period July and December, 2016 have not been granted pay re- fixation duly obtaining their option.

(i) On Raipur Division of South East Central Railway, 53 Guard (Goods) PB-I + GP 2800/- were promoted to Senior Guard (Goods) in PB-2 + GP 4200/- on dated 29/07/2016. A copy of notification issued by the Sr. DPO, Raipur Division on 27/07/2016 is enclosed as Annexure to this letter.

(ii) Similarly, 127 Assistant Loco Pilot in PB-I + GP 2400/- were promoted to Loco Pilot (Goods) PB-2 + GP 4200/- on 08th December, 2016 on Kota Division on West Central Railway.

Federation also visualizes that there might be similar cases of Running and other category staff on the different Divisions/Zones where the re-option opportunity not given, resulting loss of fixation benefit.
In this connection, Federation desires to state that in the above situations, the staff were eligible to be continued in the 6th CPC grade pay on promotion and equally opt for a date from which, they should be switched over to 7th CPC pay. These staff when submitted their options to the respective Administrations, they were denied the pay fixation after promotion date, though permissible under the rules. Cases cited above are sufficient to prove that injustice has been done to those promoted in between July and December, 2016 by denying option for pay fixation in 7th CPC pay level after the date of promotion.

NFIR therefore, once again requests the Railway Board to issue clear; classificatory instructions to the Zones, Production Units etc for allowing pay re-fixation in respect of staff who have been promoted during July-December, 2016 on the basis of their option/re-option.

A copy of instructions issued may be endorsed to the Federation.
Yours faithfully,
(Dr. M. Raghavaiah)
General Secretary.
Source: NFIR
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Dress Code prescribed for Income Tax Employees

Dress Code prescribed for Income Tax Employees

OFFICE OF THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, DELHI
C.R.BUILDING, L.P.ESTATE, NEW DELHI-110002
Phone No.011-23379596/23379245; FAX 011- 23378668

F.No.PrCCIT/Admin/2017-18/02
Dated: 02.03.2018
Office Order

Reg: Dress Code prescribed for Income Tax Employees

The Income Tax Department strives to maintain a workplace environment that is well functioning and maintain high standard of conduct and decorum. As part of that effort, the Department requires employees to maintain a neat, clean and formal appearance that is appropriate for the workplace setting.

It if often seen that a large number of employees, especially the younger members of the department come dress casually for the office, which is unexpected of them.

All the Officers/Officials/ staff members should be attired in appropriate, formal, clean, modest and decent clothes. Casual and party attire should be strictly avoided during appearance in office. Any staff member who does not meet the attire, will be subject to corrective action and may be asked to leave the premises to change clothing.
This issues with the prior approval of the competent authority.
(Divya Vashishta)
Deputy Commissioner of Income Tax, (Hqrs.) (Admn.)
New Delhi.
Source: Confederation
dress-code-for-income-tax-employees

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Declaration of Holiday on 14.4.2018 for all Central Government Offices on account of the birthday of Dr. B.R. Ambedkar


Declaration of Holiday on 14.4.2018 for all Central Government Offices on account of the birthday of Dr. B.R. Ambedkar

No.12/6/2016-JCA-2
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (JCA-2) Section
North Block, New Delhi
Dated the 2nd April, 2018
OFFICE MEMORANDUM

Subject: Declaration of Holiday on 14th April, 2018 - Birthday of Dr. B.R. Ambedkar.

It has been decided to declare Saturday, the 14th April 2018, as a Closed Holiday on account of the birthday of Dr. B.R. Ambedkar, for all Central Government Offices including Industrial Establishments throughout India.

2. The above holiday is also being notified in exercise of the powers conferred by Section 25 of the Negotiable Instruments Act, 1881 (26 of 1881)

3. All Ministries/Departments of Government of India may bring the above decision to the notice of all concerned.
sd/-
(D.K.Sengupta)
Deputy Secretary to the Govt. of India
View order
Source: http://dopt.gov.in/

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7% DA Order for Armed Forces Officers and PBOR including NCs(E)


7% DA Order for Armed Forces Officers and PBOR including NCs(E)

Payment of Dearness Allowance to Armed Forces Officers and Personnel Below Officer Rank including NCs(E)- Revised rates effective from 1st January 2018
F.No.1(2)/2004/D(Pay/Services)

Government of India
Ministry of Defence
New Delhi, the 28th March, 2018
To
The Chief of the Army Staff
The Chief of the Air Staff
The Chief of the Naval Staff

Subject: Payment of Dearness Allowance to Armed Forces Officers and Personnel Below Officer Rank including NCs(E) - Revised rates effective from 1st January, 2018.

Sir,
I am directed to refer to this Ministry’s letter No.1(2)/2004/D(Pay/Services) dated 3rd October 2017, on the subject cited above and to say that the President is pleased to decide that the Dearness Allowance payable to Armed Forces Officers and Personnel Below Officer Rank, including Non-Combatants (Enrolled), shall be enhanced from the existing rate of 5% to 7% of the basic pay with effect from 1st January, 2018.

2. The term 'basic pay' in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix as per 7th CPC recommendations accepted by the Government, but does not include any other type of pay like special pay, etc

3. The Dearness Allowance will continue to be a distinct element of remuneration and will not be treated as pay within the ambit of Pay rules of Defence Force Personnel.

4. The payment on account of Dearness Allowance involving fractions of 50 paise and above may be rounded to the next higher rupee and the fractions of less than 50 paise may be ignored.

5. The payment of arrears of Dearness Allowance shall not be made before the date of disbursement of salary of March, 2018.

6. This letter issues with the concurrence of Finance Division of this Ministry vide their Dy. No.79-PA dated 26.03.18 based on Ministry of Finance (Department of Expenditure) O.M. No.1/1/2018-E.II(B), dated 15th March, 2018.
Yours faithfully,
sd/-
(T.D.Prashanth Rao)
Under Secretary to the Government of India
Source: https://mod.gov.in/
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Free Personal Accident Death Cover and Permanent Disability Cover of Rs 30 lakhs


Free Personal Accident Death Cover and Permanent Disability Cover of Rs 30 lakhs

"Army personnel will get free personal accident death cover and free permanent disability cover of Rs 30 lakhs, free educational cover of upto Rs 1 Lakh per year for four years for education of dependent child in case of accidental death of defence personnel"

Ministry of Defence
MoU between Indian Army and HDFC Bank

A Memorandum of Undertaking (MoU) was signed between the Indian Army and HDFC Bank on the Defence Salary Package on 03 Apr 2018. The first MoU between HDFC Bank and the Indian Army was signed in 2011 and was renewed on 13 Mar 2015. The current MoU is tailor made to suit the requirements of serving soldiers, pensioners and families.

The signing in ceremony was chaired by the Director General (MP&PS), Lt Gen S K Saini and was attended by the top dignitaries of HDFC Bank headed by Ms Smita Bhagat, Head Government Business and Branch Banking.

Currently Indian Army has MoUs on Defence Salary Package with 11 public and private sector banks. MoUs are considered for inception and renewal with banks on analyzing their utility and suitability to the requirements of serving soldiers, pensioners and families. Army is hoping that this MoU will benefit a large number of serving and retired Army personnel who are having their accounts with HDFC bank; and also provide them an opportunity to access modern banking facilities.
Under the current MoU apart from other benefits the Army personnel will get free personal accident death cover and free permanent disability cover of Rs 30 lakhs, free educational cover of upto Rs 1 Lakh per year for four years for education of dependent child in case of accidental death of defence personnel and 100% processing fees waived for Car Loans and Personal Loans.

Source: PIB
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Appointment on Compassionate Grounds - NFIR Railway Board Orders


Appointment on Compassionate Grounds - NFIR Railway Board Orders

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
RBE No.42/2018
No.E(NG)II/2018/RC-1/5
New Delhi, dated 21.03.2018
The General Manager(P)
All Indian Railways & PU.

Sub: Appointment on compassionate grounds.

The issue of considering appointment of compassionate grounds(CG) to sons/daughters, born through other than first legally married wife has been engaging the attention of this Ministry for quite some time, in the backdrop of partial quashing of CG related instructions contained in this Ministry’s letter dated 02.01.1992 regarding such appointments, by the Hon'ble High Court/Calcutta in the case (WPCT 20 of 2009) Namita Goldar & Ors. Vs UOI & Others.

2. In this reard, Railway Board has taken into account following observations of the Hon'ble Supreme Court, on the subject of CG appointment, in the case of State Bank of India & another Vs Rajkumar, (Civil appeal No. 1641 of 2010):

"it is now well settled that appointment on compassionate grounds is not a source of recruitment. On the other hand it is an exception to the general rule that recruitment to public services should be on the basis of merit, by an open invitation providing equal opportunity to all eligible persons to participate in the selection process. The dependants of employees, who die in harness, do not have any special claim or right to employment, except by way of the concession that may be extended by the employer under the Rules or by a separate scheme, to enable the family of the deceased to get over the sudden financial crisis. The claim for compassionate appointment is, therefore, traceable only to the scheme framed by the employer for such employment and there is no right whatsoever out side such scheme…"

3. Railway Board has also taken into account following observation of Hon'ble High Court of Jharkhand (Ranchi) in writ petition No. WP(S) 16 of 2014 (pronounced on 24.07.2014) "Compassionate appointment is a matter of policy of the employer and the employer cannot be compelled to provide compassionate appointment contrary to its policy/scheme. When there is specific circular which clearly provides that the children of second marriage of the employee shall not be eligible for compassionate appointment, no direction can be issued to the respondents to consider the case of the petitioner"

4. The matter has been examined and in supersession of this Ministry's letter dated 02.01.1992 issued under RBE No. 01/1992 and No. E(NG)II/2012/RC-1/21 dated 03.04.2013, it has been decided that the first right of being considered for compassionate grounds appointment is vested, in cases of death of Railway servants while in service, with the legally wedded surviving widow provided she has not remarried at the time of making request for appointments on compassionate grounds. It is clarified that in cases of those Railway Servants who are governed by the Hindu Marriage Act, 1955, there can only be one one legally wedded wife/widow, as second marriage, while spouse is living, is void/voidable in view of the Section 5(1) read with Section 11 of the Act. In this respect, Railway Board’s letter No. E(D&A) 92 GS 1-1 dated 10.04.1992 connects.

5. If aforementioned legally wedded suriving widow does not want herself to be considered for compassionate grounds appointment, she can nominate, for CG appointment, a "bread winner" for the family from amongst the following"

(a) In cases of those Railway Servants who are governed by the Hindu Marriage Act, 1955 : Son (including adopted son); or daughter(including widowed/ adopted/married/divorced daughter). However, if such Railway Servant has left sons/daughters, who have been treated as legitimate or deemed to be legitimate, under Section 16 of Hindu Marriage Act, 1955, neither widow can nominate them as bread winner for CG appointment nor such sons/daughters can claim CG appointment.

(b) In cases of those Railway Servants who are governed by their respective Personal Laws: Son(including adopted son); or daughter(including widowed/ adopted/married/divorced daughter). However, if such Railway Servant has left sons/daughters through second/subsequent legally valid marriages, i.e. other than through first wife and deceased Railway Servant have failed to obtain requisite permission for such second/subsequent marriage as required under section 21 (relating to restrictions regarding marriage) of the Railway Services (Conduct) Rules, 1966, neither first widow/second/subsequent widow can nominate such sons/daughters as bread winner for CG appointment nor such sons/daughters can claim CG appointment. Moreover, such second/subsequent widow also would not have any right to seek compassionate grounds appointment.

6. All Zonal Railway/PUs/Units are directed to decide cases accordingly.

Please acknowledge receipt.
(Neeraj Kumar)
Director Estt. (N) II,
Railway Board.
Source: NFIR
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CGDA: Review of hard and tenue stations

CGDA: Review of hard and tenue stations
OFFICE OF CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR MARG. PALAM, DELHI CANTT - 110010
Circular No. 25012(1)(17)/AN-X/Unpopular
Dated: 28/03/2018
To
All PCsDA'PCA(Fys)/PIFAs/CsDA/IFAs'CFA (FYS)

Subject: Review of hard and tenue stations

Reference: HQrs office letter No.25012/AN/X/2014 dated 15.17.2014.

As you are that certain stations have been categorized as 'Hard' and 'Tenure' stations for the purpose of transfer/posting. In order to rotate staff/officers at hard and tenure stations, a fixed tenure has been prescribed for each of the stations.

2. The service conditions and the accessibility of facilities at various hard and tenure stations continue to change from time to time. Overall economic and infrastructural development in these areas cans for a review from time to time. Hence, the competent authority has decided to review the status of all hard and tenure stations.

3. In order to take an appropriate view on continuation/discontinuation addition of any new station in this category, it is requested that your considered views in respect of hard and tenure stations falling under your jurisdiction may be communicated to HQrs office latest by 15th April 2018 in the enclosed proforma. While forwarding your comments, the degree of climatic/topographic hardships at these stations, availability of basic facilities like schools, hospitals, accommodation etc., accessibility of the station by rail or road or any other mean and effect of revised tenure on volunteers for different stations, if any, may be taken into consideration.
sd/-
(Kavita Garg)
Sr.Dy.CGDA (AN)
Source: http://cgda.nic.in/
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