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Thursday, October 25, 2012

- Contract Labourers engaged directly by the Board on need basis on daily wages who received ex-gratia payment - Absorption into Board's Service as Mazdoor (Trainee) - Orders Issued.



TAMIL NADU GENERATION & DISTRIBUTION  CORPORATION LTD.
 (ABSTRACT)

TANGEDCO - Contract Labourers - Contract Labourers engaged directly by the Board on need basis on daily wages who received ex-gratia payment - Absorption into Board's Service as Mazdoor (Trainee) - Orders Issued.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  -
 (Administrative Branch)

(Per.) FB TANGEDCO Proceedings No.22         Dated 25.10.2012.
                                                                   Iyppasi - 9, Nandhana Aandu.
                                                                   Thiruvalluvar Aandu 2043.

                                                                   READ:

1)
(Per) B.P. (FB) No.44 (Adm. Branch)  dated 06.09.2007.
2)
Per B.P. (CH) No.9  (Adm. Branch) dated 09.01.2008.
3)
CE/ Per's Memo. No.012267/G58/G582/2008-1, dt.20.02.08.
4)
CE/ Per's Memo. No.012267/G58/G582/2008-2, dt.04.03.2008.
5)
(Per) CMD TANGEDCO Proceedings No.119 (Adm. Branch) dated 15.10.2011.
6)
(Per) FB TANGEDCO Proceedings  No.6 (Adm. Branch)  dated 09.05.2012.
7)
Item No. 43 - Extract of the Minutes of the 27th Meeting of the TANGEDCO held on 20.07.12.
---------

PROCEEDINGS  :

                   1)  The Tamil Nadu Electricity Board has absorbed 21,600 Contract Labourers in a phased manner as per the 12 (3) settlement.  A settlement under section 18(1) of I.D. Act 1947, which was signed with the unions on 10.08.2007 was converted into a settlement under section 12(3) of I.D. Act 1947, before the Commissioner of Labour on 10.08.2007 by the representatives of the Board and the unions representing the workmen of TNEB and Contract Labourers.

                   2) After that, the Board (now TANGEDCO) after careful consideration decided and  constituted a committee vide B.P. second read above to examine the cases of Contract Labourers who were worked continuously and not covered in the 12(3) Settlement. Accordingly, orders have been issued vide Memos third and fourth as read above to continue to engage the Contract Labourers who have worked continuously on need basis on daily wages.  The Superintending Engineers in their orders have also informed that the engagement of contract labourers as per the said orders will not confer upon them, any right for absorption etc. and the decision of the committee in their cases will be final.


:: 2 ::

                   3) The details of 4,037 Contract Labourers who were engaged on daily wages and received ex-gratia vide B.P. fifth read above, as duly furnished by the Superintending Engineers concerned have been placed before the committee and the committee has recommended that their cases may be placed before the Board for taking a decision.  

                   4) In addition to the above, 236 Temporary Casual Labourers who were engaged as per the Hon'ble High Court's orders in various circles were also put up to the Board for approval.

                   5) After careful consideration and taking into the financial condition of the Board,  it has been directed in the 27th Meeting of the TANGEDCO held on 20.07.2012 as follows:-

a)     The Board directed to ensure that no more Contract Labourers are directly employed by TANGEDCO/TANTRANSCO  in the field after the absorption of the above and further directed to obtain certificate from the circle Superintending Engineers/appropriate authorities to strictly observe the same.

b)     Engagement of Contract Labourers directly by TANGEDCO shall be strictly prohibited in future and should be monitored continuously.  Accordingly, the Board also directed that a certificate from all the Superintending Engineers of Electricity Distribution Circles shall be obtained every month stating that no Contract Labourers have been engaged.

c)      A Consolidated Wages of Rs.3,100/- may be fixed for first year, Rs.3,200/- for 2nd year and Rs.4,000/- may be fixed for the 3rd year.

          6) In view of the above directions, it is hereby ordered as follows:-

(a) The 4,037 Contract Labourers in the circle wise list and 236 Temporary Casual Labourers as furnished in the Annexure enclosed herewith based on the reports of the Superintending Engineers concerned will be appointed as Mazdoor (Trainee) for a period of 3 years on consolidated wages subject to their identity after verification.   

(b) The consolidated wages for the first year is Rs.3,100/-, for the second year is  Rs.3,200/- and for the third year is Rs.4,000/-

(c)   The orders of appointment be issued separately after verification and identity of the 4,037 Contract Labourers by the Superintending Engineers concerned.


:: 3 ::

(d) The 4,273 posts of Mazdoor (Trainee) shall be created for absorption of Contract Labourers/Temporary Casual Labourers.

(e) The Contract Labourers/Temporary Casual Labourers absorbed as Mazdoor (Trainee) as per these proceedings shall not make any claim whatsoever in future by virtue of their engagement as Contract Labourers in the post.

                   7) These orders are issued without prejudice to the outcome of various Writ Petitions/Writ Appeals filed by the Board  against  the award of Inspector of Labour  pending before the High Court/ Supreme Court.

                   8) The Superintending Engineers are informed that the engagement of Contract Labourers directly by TANGEDCO/ TANTRANSCO is prohibited strictly and  no more Contract Labourers should be engaged. In addition to this, the Superintending Engineers should furnish a certificate every month stating that no Contract Labourers have been engaged and also must ensure that no certificates for work, experience, conduct etc. are issued by the officials under their control to the contractors / contract labourers for the past period and in future also

                   9) The receipt of this TANGEDCO Proceedings should be acknowledged.

(BY ORDER OF THE TANGEDCO)


Sd./-xx 25.10.12.
(S. SYED LIYAKATH)
CHIEF ENGINEER / PERSONNEL
To
The Chief Engineer/Personnel/ Adm.Branch/Chennai-2.
The Chief Financial Controllers/General & Revenue.
The Superintending Engineers/ Electricity Distribution Circles and General Construction Circles.
The Chief Internal Audit Officer/Board Office Audit Branch/Chennai-2.
The Residential Audit Officer/TANGEDCO/Chennai-2.
All Chief Engineers concerned.

Copy to :
The Chairman's Table.
The Director/ Finance/ TANGEDCO/ Chennai-2.
The Director/ Distribution/ TANGEDCO/ Chennai-2.
The Director/ Generation/ TANGEDCO/ Chennai-2.
The Secretary/ TANGEDCO/ Chennai-2.


:: 4 ::

The Director General of Police/Vigilance/Chennai-2.
The Legal Advisor/Chennai-2.
The Industrial Relations Advisor/Chennai-2.
All Deputy Secretaries/BOSB/Chennai-2.
The Deputy Chief Engineer/Adm.Branch/Chennai-2.
The Senior Personnel Officer/Labour/Adm.Branch.
The Senior Personnel Officer/Recruitment/Adm.Branch.
The Senior Personnel Officer/Inspection/Adm.Branch.
The Asst. Legal Advisor/ TANGEDCO /Chennai-2.
The Personnel Officer/Court Case/Adm.Branch/Chennai-2.
The Personnel Officer/Staff Sanction/Adm.Branch/Chennai-2.
The Personnel Officer/Implementation/Adm.Branch/Chennai-2.
The Asst. Personnel Officer/Labour/Adm.Branch/Chennai-2.
The Asst. Personnel Officer/Tamil Development/ Adm. Branch/ Chennai-2.
                   (for publication in TNEB Bulletin (2) copies)
The Section Officer/ A10 section/ BOSB/ Chennai.2.
Sections - G.58, G.44, G.61, G.65, G.45, G.43, G.42
Tamil Nadu Electricity Workers Federation.
Tamil Nadu Electricity Board Accounts and Executive Staff Union.
Tamil Nadu Electricity Board Workers Progressive Union (LPF).
Central Organization of Tamil Nadu Electricity Employees (C.I.T.U.).
Minsara Pirivu Anna Thozhil Sangam.
Tamil Nadu Electricity Board Janatha Thozhilalar Sangam.
Tamil Nadu National Electricity Workers Federation (INTUC) - 2 Groups.
Tamil Nadu Electricity Board Engineers Sangam.
Tamil Nadu Electricity Employees Congress (NLO)
Tamil Nadu Electricity Board Thozhilalar Aykkia Sangam (HMS).
Tamil Nadu Electricity Board Engineers Association.
Tamil Nadu Electricity Board Finance and Accounts Officers Association.
Bharathiya Electricity Employees Federation.
TNEB Card Billing Staff Union.
Tamil Nadu Electricity Board Dr.Ambedkar Employees Union.
Stock File.










ANNEXURE
CONTRACT LABOURERS ENGAGED ON NEED BASIS AT RS.120/- PER DAY  AS PER MEMO.DT.20.2.2008/04.03.2008 & PAID EX-GRATIA FOR THE YEAR 2010-2011


Sl.
No.
Name of the Region/
Circle
NO.OF CLS. ENGAGED
I
Chennai Region/ North

1
Chennai EDC/ North
82



II
Chennai Region/ South

2
Chennai EDC/ West
1
3
Chengalpattu EDC
295



III
Vellore Region

4
Kancheepuram EDC
402
5
Vellore EDC
49
6
Tirupathur EDC
17
7
Dharmapuri EDC
171



IV
Villupuram Region

8
Villupuram EDC
633
9
Cuddalore EDC
182
10
Tiruvannamalai EDC
285



V
Trichy Region

11
Trichy EDC/ Metro
39
12
Perambalur EDC
88
13
Karur EDC
37
14
Pudukottai EDC
77
15
Thanjavur EDC
14
16
Nagapattinam EDC
84
17
Tiruvarur EDC
58



VI
Coimbatore Region

18
Coimbatore EDC/ Metro
47
19
Coimbatore EDC/ South
39
20
Coimbatore EDC/ North
20
21
Nilgiris EDC
17
22
Udumalpet EDC
71
23
Tiruppur EDC
42







VII
Madurai Region

24
Dindigul EDC
46
25
Theni EDC
192
26
Sivaganga EDC
15



VIII
Tirunelveli Region

27
Virudhunagar EDC
44
28
Tirunelveli EDC
15
29
Kanyakumari EDC
41



IX
Erode Region

30
Salem EDC
206
31
Mettur EDC
258
32
Erode EDC
37
33
Gobi EDC
124
34
Namakkal EDC
178



35
GCC/ Trichy
2
36
GCC/ Madurai
5
37
GCC/ Coimbatore
13
38
GCC/ Salem
55
39
WEDC/ Tirunelveli
1
40
P&C/ Coimbatore
8
41
CMC/ Madurai
0
42
HP/ Urachikottai/ Bhavani
31
43
Mettur workshop Circle
16

TOTAL
4037




LIST OF TEMPORARY CASUAL LABOURERS JOINED AS PER COURT ORDERS - Writ Petition Nos.12960 of 2009, 22667 of 2008 and 18402 to 18405 of 2008
Sl.
No.
Name of the Region/
Circle
NO.OF TCLs. ENGAGED
1
Chennai EDC/ North
90
2
Chennai EDC/ Central
8
3
Chennai EDC/ South
59
4
Chennai EDC/ West
79

TOTAL
236



Sd./-xxx 25.10.2012.
Senior personnel officer/ labour.

1 comment:

Premkumar varadan said...

Temporary Casual Labourers joined as per court order numbering 236. With regard to this, it is to be noted that the TNEB Chairman gave an undertaking before the Hon'ble High court, Chennai, that the contract labourers who are appointed as TCLs should work for one year as TCL and on completion of one year as TCL, their services will be regularised on regular time scale of pay. This is the undertaking given by the then Chairman, But even after completion of one year of service as TCL, their services have not been regularised. Thus the TNEB has cheated the Court and the Contract labourers.