2021 Supreme(Online)(CIC) 4973
केኚरीय सूचना आयोग Central Information Commission बाबा गंगनाथ मागग , मुननरका Baba Gangnath Marg, Munirka नई दिल्ली , New Delhi – 110067 नितीय अपील संख्या / Second Appeal No.:- CIC / MLABE/A/2019/120344 -UM
Mr. Jai Bhagwan Jatav …. अपीलकर्ता /Appellant VERSUS बनतम CPIO, Ministry Of Labour & Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi 110001 ्ቚनतवािीगण /Respondent Date of Hearing :
24.05.2021 Date of Decision :
27.05.2021 ate of RTI application 27.12.2018 CPIO’s response 21.01.2019 Date of the First Appeal 28.01.2019 First Appellate Authority’s response 08.02.2019 Date of diarized receipt of Appeal by the Commission D 01.05.2019
O R D E R
FACTS
The Appellant vide his RTI application sought information regarding the existing wages limits for applicability of payments of wages Act 1936 has been enhanced from Rs 18000/- Per Month (P.M) to Rs 24000/- P.M vide Gazatte Notification S.O.No. 2806 (E) dt. 28.08.2017 w.e.f dt. Of publication.
The CPIO vide letter dated 21.01.2019 provided a reply to the Appellant. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA vide order dated
08.02.2019, upheld the reply of the CPIO. Thereafter, the Appellant filed a Second Appeal before the Commission with a request to provide requisite information either Hindi or English.
HEARING: Facts emerging during the hearing:
The following were present: Appellant: Mr. Jai Bhagwan Jatav present through AC, Respondent : Mr. Ajay Kumar Singh, Under Secretary M/o Labour & Employment, present through AC.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the hearing of the matter was scheduled through audio conference after giving prior notice to both the parties.
The Appellant reiterated the contents of the RTI applications and stated that he had sought information regarding the existing wages limits for applicability of payments of wages Act, 1936 that has been enhanced from Rs 18000/- Per Month (P.M) to Rs 24000/- P.M vide Gazatte Notification S.O.No . 2806 (E) dt. 28.08.2017 w.e.f dt. of publication. The Appellant further stated that the reply received from the Respondent was not correct as per the provisions of the RTI Act,
2005. The Appellant requested the Commission to direct the public authority to furnish correct information to him. The Respondent submitted that vide letter dated 21.01.2019 they had furnished reply to the Appellant. He further explained that the belief of the appellant that the minimum Wages has been increased from Rs. 18000/- to Rs 24000/- per month is incorrect, baseless and false. He clarified that the Payment of Wages Act, 1936 is applicable to the employees getting salary up to 24000/- per month.
DECISION: Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that the proper reply has not been furnished by the Respondent. Therefore the Commission directs the Respondent to furnish a proper revised reply to the Appellant as sought in the RTI application and adressing the queries raised by the appellant during the hearing in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005, within a period of 15 days from the date of receipt of this order under the intimation to the Commission.
The Appeal stands disposed accordingly.
(Uday Mahurkar) ( उिय माहूरकर ) (Information Commissioner) ( सूचना आयु्ሹ ) Authenticated true copy ( अभि्ቚमाणित एवं सत्यापित ्ቚतत ) (R. K. Rao) ( आर . क े . राव) (Dy. Registrar) ( उप - पंजीयक ) 011-26182598 / drtoic8@cic.nic.in दिनांक / Date: 27.05.2021