Slapping a massive allegation on Arvind Kejriwal-led Delhi Government, on December 28, the Delhi Labour Union chairman alleged that the AamAadmi Party government has misused the funds for the workers and has involved itself in a scam worth approximately 139 crore rupees.
"It is an utter disregard for (Building and Other Constructions Workers) BOCW Act, 1996, Aam Aadmi Party's government of NCT of Delhi has engaged in favoritism and corruption to carry political gains for its party workers by registering them as construction workers. Not just that, they have also engaged in bogus disbursement of Building and Other Construction Board's Cess Funds to the tune of Rs. 139 Crore" claimed PT. Sukhbir Sharma, President Delhi Shramik Union and Founder Chairman ,Delhi Labour Welfare Board, Govt. of NCT of Delhi.
Sharma presended the documents which he claims are evidence for his allegation of the scam of 139 crore which he has alleged that the Delhi Government laundered from Cess Funds. He explained that the BOCW Act, 1996 says that, any person working in the field of construction can be enrolled/Registered as a beneficiary only if he has completed at least 90 days of work in the preceding one year as a construction worker. However, he added that the Delhi Government has breached all the Regulation. An RTI Report filed by him showed that 85% of workers' registration are illegal.
He added that apart from illegal registration of workers, Rs. 139 Crore has been allegedly disbursed among construction workers against the spirit of the BOCW Act, 1996 by involving a large number of Trade Unions. These Unions too are being given incentives to register more and more fictitious Labourers on Labour Chowk/Labour Chauraha who have nothing to do with construction activity.
He claimed several other irregularities in Delhi Government's Labour Department with Documented proof in course of Conference.
- Constitution of Delhi Building and Other Construction Workers Board is illegal - While Section 18 of the BOCW [Building and other construction workers (Regulation of Employment and Condition of Service)] Act, 1996 mandates a nominee of Central Government as the Chairman of the Board, the position is currently being held by Shri Gopal Rai, Labour minister in Delhi govt.
- No Advisory Committee has been Constituted since AAP came to power - Section 4 of the BOCW Act, 1996 necessitates the formation of Advisory Committee to provide and perform Recommendatory Role to the Govt. in suggesting new Rules, Regulations and Policies for the welfare of more than 15 lakh construction workers in Delhi. No such committee has been formed in last 3 years. This has led to under-utilization and in most cases, bogus spending of Rs. 2300 Crore Corpus Fund. Not Only this no legal opinion was ever sought by the Kejriwal led Delhi Government before approval of Board about its legality as per the BOCW Act, 1996.
- Registration Incentive for Trade Unions is illegal - Under the Chairmanship of Shri Gopal Rai, the Board has approved and disbursed an amount of Rs. 87 Lakhs as incentive to Trade Unions working in Construction sector at Rs.50 per registration. It must be noted that no such provision exists in either BOCW Act, 1996 or the Delhi Rules, 2002. They have also increased this amount to Rs. 100 from Rs. 50. Furthermore, most of these trade unions are managed by (or belong to) the party workers belonging to AAP.
- Regional Provident Fund Committee still missing - Resulting into evasion of PF of nearly 35 lakh workers.
- Violation of various statuary Norms - According to Employees Compensation Act, 1923 Section 20, the appointed Officer in the Labour Department should have qualification of HR Management or should be a Judicial officer or should be a Gazetted officer of Government or a Lawyer having 5 years of experience in the field. But violating all the Rules Delhi government appointed Non-technical Officers as Compensation Commencers without having required expertise from various Delhi Government Departments which led to the plight of deprived labourers of Delhi.In contravention to the spirit of Contract Labour (Regulation and Abolition) Act, 1970.