Labour department mulls legal action against corporation commmissioner

MANGALORE: The present and the formerMangalore City Corporation (MCC) commissioners are likely to be in the dock for outsourcing work in water supply and street light maintenance division. The state labour department through Mangalore Division Assistant Labour Commissioner has written to the secretary, department of Housing and Urban Development, seeking sanction to initiate prosecution against Ajith Kumar Hegde S, commissioner, MCC, for violating the provisions of the Contract Labour (Abolition & Regulation) Act and Karnataka Rules framed under the said Act. According to Municipal Staff Union, MCC has been indulging in unfair and illegal contract labour system even after abolition of the contract labour system in the water supply division as per the government order of November 2, 2006. The Act authorizes the government to abolish the contract labour system in any industry or establishment if the activity is permanent/ perennial in nature. As the employees had filed a writ petition through their advocate Vivekananda Paniyala, the high court directed the Contract Labour Abolition Board to conduct detailed enquiry. The board recommended abolition of contract labour system in water supply and street light maintenance division. Based on the said recommendation, the government had taken the decision to abolish contract Labour system. Accordingly, MCC should have engaged permanent employees in these two divisions. There are about 250 employees who have been working as valveman, pump operator, mechanic, pump fitter in water supply division as daily wagers. The union alleges this was to deprive permanent status, legitimate and lawful benefits by vested interests. They said MCC continues to engage contract labour system through backdoor under a different nomenclature called 'outsourcing.' The Union lodged a complaint with the ALC who is the 'registering' and 'licensing' authority under the contract Labour (Abolition & Regulation) Act. It is pertinent note that MCC has failed to register itself under the provisions of the said act before engaging these workers. The Union has demanded the government to accord sanction forthwith and also initiate prosecution against the previous Commissioners who have deliberately violated the law in spite of bringing same to their notice to in writing. They also demanded contractors also be booked for violation of the Act. Further, Union Secretary Navinaksha demanded Government refer matter to Lokayukta to probe the illegalities and misappropriation of public funds and prosecute erring officers. When sought reactions, Mahabala Marla, mayor, MCC said: We have been following the government guidelines. Accordingly, we have not engaged contract labour, but outsourced it through tender process as per government directions. But ALC Nagesh countered saying: There is no nomenclature separating 'contract' from 'outsourcing' in the Act. Hence what MCC has done is contract labour, which is a violation of the act. -TOI