Relevant facts emerging from appeal:

RTI application filed on : 10.03.2025

CPIO replied on : 24.03.2025

First appeal filed on : 28.03.2025

First Appellate Authority’s order : Not on record

2nd Appeal dated : 21.05.2025

Information sought:

1. The Appellant filed an RTI application dated 10.03.2025(offline) seeking the following information:

“Applicant is a bona fide citizen of India and seek information in the interest of larger public interest

1. Please provide whether all your generation plants are Factory or not. Definition of Factory is given in Factory Act and as per definition Factory premises within boundary and precincts there of is called Factory and provisions of the BOCW Act are not applicable on the Factory like Thermal power stations which are already in operation and generating electricity.

2. Provisions of BOCW Act are applicable on Factory Act or not.

3. If NTPC power generation active plants are covered under Factory Act, have you issued any circular to all your Thermal Power Stations that provisions of BOCW Act are not applicable.

4. If you have issued circular to the Power station to obtain registration under BPCW Act from the vendors for the construction work under Factory premises, please provide copy of such circular.

5. If you have not issued circular to this effect, are you in the process of issuing circular to the NTPC power stations as they still demand registration of Vendors under BOCW Act even being construction activities within factory premises.

6. Honble Supreme court of India upheld judgment of Punjab and Haryana High court on 17-08-2023 in the matter of APFC v/s G4S Security Services India Limited CIVIL APPEAL NO. 9284 OF 2013 decided on 17-August 2023. against the PF department regarding splitting of Minimum wages and payment of contribution on reduced Basic wages and circular of CPFC Head quarter of PF department is also issued after judgment of Punjab and Haryana High court vide circular dated 2-12 2011 which is still in operation allowing split of minimum wages.

7.Is NTPC following the judgment of Supreme court of India and CPFC circular or not.

8. If NTPC following judgment of Supreme Court of India regarding split of Minimum Wages and circular of CPFC, regarding contribution of PF on reduced wages, kindly provide copy of circular issued to the NTPC termal power stations.

9. If NTPC not following Supreme Court Judgment and issued any circular contrary to the judgment, please provide copy of such contrary circular.

10. NTPC sites offices are still following earlier practice PF contribution on full wages which is contrary to the judgment of Supreme Court of India and circular of CPFC New Delhi, provide copy of circular of NTPC authority who has directed for following earlier practice in violation of Supreme court of India judgment regarding PF on split wages..

11. With reference to the stay order of Honble Supreme Court of India on collecting ESI contribution from employers for site construction workers whether NTPC has issued any circular to its Power Station Units for not compelling the compliance on ESI contribution. Provide copy of such circular.

12. ESIC issued circular to its Regional office all over India vide circular dated 03-04-2023 on the stay order of the Supreme Court copy enclosed. If you have issued any circular contrary to the judgment of Supreme Court and ESIC Head office for compliance on the ESI contribution from the construction vendors, provide copy of such circular.

13. NTPC sites offices are still following earlier practice PF contribution on full wages which is contrary to the judgment of Supreme Court of India and circular of CPFC New Delhi, provide copy of circular of NTPC authority who has directed for following earlier practice in violation of Supreme court of India judgment regarding PF on split wages..

14. Punjab and Haryana High Court in the matter of ASSISTANT PROVIDENT FUND COMMISSIONER VERSUS M/S G4S SECURITY SERVICES (INDIA) LTD. LPA No. 1139 of 2011