Employer of five who died in Moti Nagar had no licence: Report
Labour department has issued notices to contractors and principal employer under Contract Labour (Regulation & Abolition) Act, 1970 and Minimum Wages Act, 1948.Updated: Sep 19, 2018, 03:12 IST
Of the two employers of the five workers who died recently while cleaning a sewage treatment plant in west Delhi’s Moti Nagar, one was functioning without a valid contract labour licence, a Delhi government inquiry report has found.
Following the revelation, the labour department has issued notices to the two contractors as well as the principal employer under Contract Labour (Regulation & Abolition) Act, 1970 and Minimum Wages Act, 1948.
“The matter is being investigated and the next date is fixed for Wednesday. Further necessary action, including prosecution, would be initiated as per the provisions of Act and rules against the defaulters. However, this would be done only after examination and inspection of records and submission of documents by the managements,” an advisor to the chief minister said.
Besides, another notice under the Factories Act, 1948 has been issued to the managements.
The inquiry report stated that after expiry of the notice period, legal action shall be initiated against the managements.
The report, filed by additional labour commissioner-II KR Verma, also states none of the five workers were provided any personal protection equipment by the employers for performing the manual scavenging task.
“It is further observed that the deceased workers were allowed to enter the septic tank of the sewage treatment plant without personal protection equipment. It is the duty of the occupier to ensure safety, health and welfare of the workers under the Contract Labour (Regulation & Abolition) Act, 1970,” read the report.
However, the additional commissioner, in his report, said the five workers were covered under the Employee’s State Insurance (ESI) and Employees’ Provident Fund Scheme. “Since all the deceased were covered under the ESI scheme, the provisions of Employees Compensation Act, 1923, will not be applicable in this case, though necessary action will be taken,” Verma said.
According to the ESI department, in case of such deaths, the ESI gives pension to the dependents of the deceased. The pension is equivalent to 90% of the wage on which the last ESI contribution was deducted or deposited. “The dependents would also be entitled to medical benefit for whole life,” Verma said.