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  1. #1
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    Vikram Randhawa
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    Default Information regarding working hours


    Dear Forum members,
    I have filed an RTI application to Miistry of Labour & Employment asking as follows:

    As per factories act 1948, if a worker works for more than 48 hours/week or 9 hours/day he will be paid twice his normal wages. But if there is no provision of of paying him double wages and he was asked to take 'Compensatory off' during next 48 hrs or later then:
    a) Will the 'Compensatory off' be double the extra time worked or equal to the extra time worked.
    b) Does the same principle is applicable to Gazetted officers of Central Govt's Industrial establishments.
    c) If answer to (b) is no then what is the provision for Gazetted officers of Central Govt's Industrial establishments?

    Certified copies of Office/Govt. orders in respect of above shall also be supplied.

    The Ministry of Labour & Employment (Under Secretary) forwarded my application to DGFASLI stating that this is the department which is liable for enactment of Factories Act in the country and it will reply to you within 30 days.

    CPIO / DGFASLI replied that for point no. (1), I should refer Chapter IV of Factories Act from their website and remaining points asked are clarifications and they are not information as per RTI Act.

    Filed First Appeal stating that CPIO has willfully denied the information and as per RTI Act and DOP&T clarifications definition of information includes 'Opinion' & 'Advice'. Copy of First Appeal given to Under Secretary/Ministry of Labour & Employment for information and intervention so that information seekers are not replied in such manner by their departments.

    Further guidance needed.



  2. #2
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    Default Re: Information regarding working hours


    Quote Originally Posted by yourvikram View Post
    Dear Forum members,
    I have filed an RTI application to Miistry of Labour & Employment asking as follows:

    As per factories act 1948, if a worker works for more than 48 hours/week or 9 hours/day he will be paid twice his normal wages. But if there is no provision of of paying him double wages and he was asked to take 'Compensatory off' during next 48 hrs or later then:
    a) Will the 'Compensatory off' be double the extra time worked or equal to the extra time worked.
    b) Does the same principle is applicable to Gazetted officers of Central Govt's Industrial establishments.
    c) If answer to (b) is no then what is the provision for Gazetted officers of Central Govt's Industrial establishments?

    ...
    ...
    CPIO / DGFASLI replied that for point no. (1), ...
    .....
    Further guidance needed.

    Dear vikram

    (1). The opion and advices on record be provided. the PIO cannot create or substitute opinion or advice for the purpose of your application, that is my understanding.

    (2). You can redraft the queires and file another RTI application, in parallel to your appeal process so that you get information at the earliest for thenew application( probably within 30 days).

    your query ( a ) can be modified as :-an extract of the rules or office order stating the compensatory holiday is equivalent to twice the wages paid fr overtime works days.

    your query ( b ) can be modified as :- an extract of the rules or office order regarding the overtime and compensatory holiday for Gazetted officers.

    your query ( c ) can be modified as :- the answer to question to (b) is no or negative, the correspondens or steps taken by the authority to compenatsate the overtime work carried out by the Gazetted office be furnished and so on.....


    Please do keep updating in this regard ...as the topic is interesting and would be helpful

  3. #3
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    Gajanan Phadte
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    Default Re: Information regarding working hours


    I have seen such a situation wherein a person works 12 hours a day for 14 days and he gets fourteen days off. But that was a production govt organization.

    In the govt organization where the officer works overtime, he does not get anything if it is a non-production office.

    Gajanan Phadte

  4. #4
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    Vikram Randhawa
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    Default Re: Information regarding working hours



    @ Shri Gajanan Phadte ji,
    U have citied an example of a production govt organization wherein a person works 12 hours a day for 14 days and he gets fourteen days off. Can u name the organization wherein such provisions are there?
    I am talking about Ordnance factories in which there is a very pathetic condition in this respect.

    There shall be some standing rules/instructions in this regard which must be formulated by DGFASLI to enact Factories Act in India. I want to know that standing rules/instructions ad want copies of that. Hence filed the above cited RTI application.

  5. #5
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    Default Re: Information regarding working hours


    ONGC

    Gajanan Phadte

  6. #6
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    Vikram Randhawa
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    Default Re: Information regarding working hours


    @parsar ji
    I missed that I have also mentioned in RTI application that:
    Certified copies of Office/Govt. orders in respect of above shall also be supplied.

  7. #7
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    Vikram Randhawa
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    Default Re: Information regarding working hours


    @ Shri Gajanan Phadte ji,
    Can you post copy of any order related to this from ONGC

  8. #8
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    Default Re: Information regarding working hours


    Quote Originally Posted by yourvikram View Post
    @parsar ji
    I missed that I have also mentioned in RTI application that:
    Certified copies of Office/Govt. orders in respect of above shall also be supplied.

    SO you should get proper reply for the documents you sought otherwise it becomes deficit service by Public Information Officer. You can invoke consumer protection act for deficit service read the following for more details.



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