Apprise with factual position to Inspectors for Majithia

The struggle, rather the battle, for Majithia Awards has come to decisive phase of the history. Most of the governments have already appointed Special Labour Inspectors on the direction of the hon’ble Supreme Court of India on 28.04.2015. There are, however, some states, which find luxury in laziness, and they have yet to act on it. The major states, which have not moved in this direction so far are – Uttar Pradesh, Bihar, Odisha and West Bengal. This act of these laggard states itself amounts to the contempt of the Court.

Anyway, it is not the time to dissipate our energy but to concentrate on the goal. The governments, which have yet to appoint the Special Inspectors are to be prevailed upon to act fast. Where the Special Labour Inspectors have already been appointed, you will have to ensure that these Inspectors file the factual reports. There are three effects of the Majithia Award;

(A) Wages and allowances and payment of arrears to employees from 11.11.201, who are still in job,
(B) Those employees who have retired from the service after 11.11.2011, they are entitled to get the only arrears,
(C) The proprietors have victimized many employees after the notification of the Award and they have also obtained a declaration from some employees under duress and coercion that they do not want wages and allowances according to the Award because they are happy with the present structure of wages of the company. This has to be strongly controverted.

In all three circumstances, the employees are requested to approach the Labour Inspectors on their own and tell them with the factual position as is applicable on them. Labour Inspectors may not able to approach all employees for various reasons, like; when they visit the offices, some employees may not be able to open their mouth in the presence of tyrannical management and many may not be there because of the changing shift duties. Therefore, they are requested to immediately report the matter to the Labour Inspectors or the Labour Commissioners with their own conditions. Colleagues are also advised to give their complaints in writing to the Labour Department and get receipt from the Department. Employees must apprise the Department about the status of the Award, payment of arrears or transfers, terminations and other types of harassment.

Comrades, we cannot afford to rest content until the Wage Board is achieved. Friends! Law always favours those who are vigilant to their rights. Even God helps those, who help themselves. There is an apt saying in Sanskrit:

Udyamen hi siddhyanti karyani na manorathaih l
Na hi suptasya singhasya pravishanti mukhe mrigah ll

(Work gets accomplished by efforts and industry and not merely by wishing, the animals don’t enter a sleeping lion’s mouth)

Hence, wake up and fight for your rights. Victory is yours.

Parmanand Pandey

Secretary General
IFWJ

भड़ास की खबरें व्हाट्सअप पर पाएं
  • भड़ास तक कोई भी खबर पहुंचाने के लिए इस मेल का इस्तेमाल करें- bhadas4media@gmail.com

Comments on “Apprise with factual position to Inspectors for Majithia

  • Thank you for the excellent piece of writing. All employees coming under the umbrella of Majithia Wage Board recommendations owe you, your team and good samaritans like you a lot.
    Persons like yourself, Mr Colin Gonsalves, Mr Pande (DUJ) and other leaders provide much needed inspiration in these troubled times.

    Reply
  • KASHINATH MATALE says:

    Salute to the com. and senior counsel of SC Shri Parmanand Pandey, Mr Colin Gonsalves and others.
    our case also pending before the ACL, Nagpur for implementation with proper way. Fitment, Basic, DA and others.
    Thanks

    Reply
  • While every newspaper carried news on Karnataka High Court Justice Kumaraswamy’s wrong calculation in Disproportionate Assets case involving Ms Jayalalithaa, they are turning a blind eye to INS, which can also be considered as another Kumaraswamy for circulating a wrong DA formula (189 Base) to print media organisations without consulting neither the Hon Supreme Court nor the Central Government.
    While Justice Kumaraswamy did wrong calculation in addition, INS did wrong calculation in interpretation without knowing the basics of Dearness Allowance that Basic Pay and DA are inseparable twins as DA is a protective mechanism to safeguard against inflation.
    The very number 189 (167 + 22), which is circulated by the INS against the Majithia Wage Board recommended 167 denotes that there had been inflation (price rise) to the tune of 13.17% between July 1, 2010 and Nov 11, 2011.
    The irony is INS is in no mood to accept this blatant violation even after letters from Labour Commisioner (Chennai) and Labour Officer (L&E Department, New Delhi) were produced long back.
    It seems INS will mend its ways only after the Hon Supreme Court issues a direction in this regard.

    Reply
  • Kashinath Matale says:

    S. Madhavan Sir,
    Kindly send me the copy that received to you from Labour Commisioner (Chennai) and Labour Officer (L&E Department, New Delhi), regarding the DA calculation and its divisor base.
    Thanks for information.

    Reply
  • Readers, Please find below an email I got from Ms Pushpa Kain, Section Officer, L&E Department, New Delhi regarding formula for calculating Dearness Allowance under Majithia Wage Board.

    Date: Tue, Feb 17, 2015 at 10:01 AM

    Subject: Majithia Wage Board Gazette Notified DA Formula

    From: Pushpa Kain
    To: madhavan sreenivasan

    Dear Sir,

    “Every employer organisation should calculate DA according to the Gazette Notification No. 2532(E) dated 11.11.11 with 167 BASE and DIVISOR DA formula only and there is no change in DA formula even after the Supreme Court’s verdict on
    Majithia Wage Board. It is improper and illegal to create one’s own DA formula to reduce the dearness allowance, and it is mandatory that every organisation should follow the DA formula that is envisaged in the Gazette.”

    Regards

    Pushpa Kain

    Section Officer
    Wage Board
    L&E Dept, New Delhi
    Ph: 011 23473307

    Reply
  • Kashinath Matale says:

    S. Madhavan Sir,

    Thank you,

    for sending the said materials. It is a very important DATA for calculating the actual DA, that for Base and Divisor only and only as 167.

    Reply
  • Abaneendra nath Thakur says:

    Owing to majithia award I was forced to resign from Dainik Jagran Patna Editorial six months before my retirement date while the chamchas from UP and Patna were given extension. Hence I must be suit ably compensated

    Reply

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