Salary and bonus
shravan kumar
(Querist) 05 May 2018
This query is : Resolved
1. I was a worker of Air Force Canteen Bamrauli Allahabad. This organisation is a retail shop of Indian Air Force but it is not a government organisation. It is purely private venture of Air Force Bamrauli. This org. are a sole sale point of CSD (Canteen Stores Department-an government Department) items.
2. I demanded the salary and bonus amount according to MWR of central government and bonus act respectively keeping view of the following facts-
(a) AF Canteen being a retail shop may be falls under state government scheduled minimum wages act but AF Canteen Bamrauli constantly followed the minimum wage rate of central government in previous years.
(b) Casual workers of AF Canteen Bamrauli were paid current MWR (C) wef Apr 17. On this activity casual workers were getting salary more than permanent employees of the org.
(c) The Ministry had already clarified vide MoD/ID No. 2 (1) 2011-D (Civ-I) dated 29 Jun 11 (letter copy of Air HQ/26095/1/D Accts/NPF dated 19 Jul 11 attached herewith) that State MWR and Central MWR, whichever is higher would be applicable in Central Government departments.
(d) The T & C of service of URC employees is issued by Secretary BOCCS (Board of Control Canteen Services), which is headed by Raksha Mantri, Ministry of Defence, Government of India. The composition of BOCCS is as under:-
Chairman : Raksha Mantri
Vice Chairman : Raksha Rajya Mantri
Members : Defence Secretary
FA, MoD(Fin)
QMG
AOA
COP
Secretary : DDGCS
(e) Applicability of The Minimum Wages Act, 1948—In relation to any scheduled employment carried on by or under the authority of the [Central Government or a railway administration], or in relation to a mine, oilfield or major port, or any corporation established by a Central Act, the Central government.
And
Scheduled employment as per Minimum Wages Act means an employment specified in the Schedule, or any process or branch of work forming part of such employment.
It may noted that AF Canteen Bamrauli falls under Central Government sphere and public fund money (70% of URC fund) is also transferred through CSD to URC Fund in the form of Quantitative Discount (QD) and reimbursement of transportation charges paid by URC. Employment in loading and unloading in good sheds, godowns, warehouses etc, Employment in watch and ward and Employment of sweeping and cleaning is a scheduled employment of central government minimum wages Act. These types of works are also performed in AF Canteen Bamrauli. Therefore, the employees employed in these employments in AF Canteen Bamrauli should be covered under Minimum Wages Rate (Central).
2. Report on failed conciliation by asst. labour commissioner (central) Allahabad is attached herewith.
T. Kalaiselvan, Advocate
(Expert) 07 May 2018
Subsequent to failure report by the labor commissioner, you may approach the labor court seeking relief and permanent remedy for this.
