Question: Whether a third party can apply to Labour Officer to get salary details of a company under his jurisdiciton?

[indolegal]

A third party has filed an application under RTI to a Labour Officer asking him to collect salary details of a company employees under his jurisdiction. Whether the Labour Officer can come and check the company records and collect the information and give it the petitioner

R.Guna Shekaran

[wehelp]

Section 2(f) of right to information act states that "information means
any material in any form, including records, documents, memos,
e-mails,opinions, contracts,reports, samples, models, data material
held in any electronic form and information relating to any any private
body which can be accessed by a public authority under any other law
for the time being in force"

The public authority here is labour department
The labour officers are supposed to see the proper implementation of
minimum wages act, payment of wages act, payment of gratuity act,
payment of Bonus Act, Equal Remuneration act

The record to be maintained by private establishments in respect of
minimum wages act and various labor act are
Maintainace of muster rolls, wages register, wages slips, over time
payment, extract of minimum wages act these record can be used to
extract the information of the employees and their salaries.

So information regarding salaries of the employees come with in the
definition of section 2(f) of right to information act

[karira]

Guna,

Besides what wehelp said, there is a chance that the PIO might reject the RTI application or refuse to give part of the information by invoking the "third party" clause and privacy clause. The company whose employee details have been asked for is not a PA so not liable to disclose directly under RTI. You are approaching through the Labour Office. They can say that the details being asked for are of "third parties" and refuse to give the salary details.

From your post it is not very clear what is your objective in getting these details.
Maybe, if you do not want exact salary but details like if the company is respecting all labour and wage laws, then you can reframe your application so that the chances of denial are minimised.

[poonam agarwal]

alternatively one can ask the labour officer details of his visits/inspection records to a perticular company during last 3years or so can be asked . if he has not inspected ,it is neglegence of duty , if he has visited/inspected he has to give inspection report copy > am i right ?

[indolegal]

Dear Karira,

Actually one my client company is facing this issue and I met the Labour Officer and informed to reject the application as the details are not of his office and of " Third Parties". Moreover I informed the same details can be obtained by the applicant from his members to whom he is fighting for. Is it ok. Hope the RTI application may be dismissed.

Originally Posted by karira

Guna,

Besides what wehelp said, there is a chance that the PIO might reject the RTI application or refuse to give part of the information by invoking the "third party" clause and privacy clause. The company whose employee details have been asked for is not a PA so not liable to disclose directly under RTI. You are approaching through the Labour Office. They can say that the details being asked for are of "third parties" and refuse to give the salary details.

From your post it is not very clear what is your objective in getting these details.
Maybe, if you do not want exact salary but details like if the company is respecting all labour and wage laws, then you can reframe your application so that the chances of denial are minimised.

[wehelp]

In made an RTI query requesting the Labor officer to furnishing information regarding list of employees/salaries/ date of joining/over time in private hospitals in our town.
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The PIO and FAA are of the opinion that the information sought by me does not come under the purview of RTI act .
link
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Let me put it in their own words “ private hospitals are not being registered by this department under any statute and hence data base in respect is not available”
In response another query he never visited any hospitals during the past five years.

I am still of the opinion that the information sought by me come under the purview of the act under section 2 (f)

[jiwateshwar]

The matter shall rest in hands of the CPIO and FAA. But Im of the opinion that the SIC/CIC will eventually order for the information to be delivered to the applicant. In matters such as these, where the application comes from a person motivated by a social cause, the applicant can go as far as the Supreme Court of India. So this case shall end in disclosure of information. Moreover, your client should not be afraid of disclosing the information as long as he hasnt done anything wrong.

[wehelp]

Iam thinking of going for a second appeal can the learned member kindly suggest me what issues I have to raise in my second appeal

I am doing this thing in greater public intrest around 400 people working in various hospitals in my town will be benifited if iam able to get the information

information thus collected will act as a proof that employees are under paid