Lok Sabha Question No. 1989 (UNSTARRED), answered on 2016-03-09
Subject: Over-Bridge at Railway Crossing
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: DARSHANA VIKRAM JARDOSH

## GOVERNMENT OF INDIA

## MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL & TRAINING)

## LOK SABHA

## UNSTARRED QUESTION NO. 1989

(TO BE ANSWERED ON 09.03.2016)

## REGULARISATION OF CONTRACT EMPLOYEES

1989. PROF. SAUGATA ROY: SHRI B. SRIRAMULU:

Will the PRIME MINISTER be pleased to state:

- (a) whether the Government has received any petition requesting for the regularisation of thousands  of  contract  employees  who  are  working  on  contract/  outsource  basis  in various Ministries/ Departments;
- (b) if so, the details thereof;
- (c) the type of benefits given to contract/outsourced employees;
- (d) the  total  number  of  employees  working  on  contract/outsource  basis  in  various Ministries/Departments and the representation of SC/ST out of them;
- (e) whether the Government proposes to restart the recruitment in class IV/peon posts in Central Government offices; and
- (f) if so, the details thereof and if not, the reasons therefor?

## ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister's Office. (DR. JITENDRA SINGH)

(a) & (b):  No, Madam. There is no information about any petition for the regularisation of thousands  of  contract  employees  who  are  working  on  contract/  outsource  basis  in  various Ministries/ Departments.

(c):        The  interest  of  contract  labour  in  terms  of  wages  and  other  service  conditions  are safeguarded  under  various  social  welfare  legislations  as  per  Section  2(b)  of  the  Contract Labour(Regulation  and  Abolition)  Act,  1970.  Some  of  the  prominent  social  welfare legislations are as follows:-

- Employees' Provident Fund & Misc. Provisions Act, 1952
- Payment of Gratuity Act, 1972
- Employees' Pension Scheme, 1995
- Employees' State Insurance Act, 1948
- Minimum Wages Act, 1948
- Payment of Wages Act, 1936
- Equal Remuneration Act, 1976
- Maternity Benefit Act, 1961
- Payment of Bonus Act, 1965
- Mines Act, 1952
- Workmen Compensation Act, 1923
- Factories Act, 1948
- Industrial Dispute Act, 1947
- Contract labour (Regulation & Abolition) Act, 1970.

Further,  Rule  25(2)(iv)  of  the   Contract  Labour  (Regulation  &  Abolition)  Central Rules, 1971 , stipulates that the rates of wages payable to the contract labour shall not be less than the rates prescribed under  Minimum Wages Act, 1948 and for such employment where applicable and where the rates have been fixed by agreement, settlement or award, no less than the rates so fixed.

Rule 25(2)(v)(a) provides that in cases where the contract labour 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  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.

Section 21(4) provides that the liability to ensure payment of wages and other benefits is primarily that of the contractor and, in case of default, that of the principal employer.

(d):    A Ministry or Department may outsource certain services in the interest of economy and efficiency and it may prescribe detailed instructions and procedures for this purpose as per  basic guideline contained in Rule 178 to 185 of the General Financial Rules(GFRs),2005 and as per extant rules.

No Centralized data regarding such employees working on contract basis in various Ministries/ Departments is maintained.

However,  as  per  instructions  vide  O.M.No.27/4/67-Estt.(SCT)  dated  24.09.1968 reservations for  SC/ST should be made in all temporary appointments except appointments which are to last for less than 45 days.

(e)  &  (f):      After  6 th Pay  Commission, the  posts  of  class  IV/  peon  in  Central  Government Offices have been upgraded to Group 'C' MTS Posts.

There  is no  proposal  to  restart the  recruitment  in  class IV/  Posts  in  Central Government Offices.

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