Delhi High Court Issues Directives To Central Govt Hospitals To Curb Corrupt Practices By Contractors While Engaging Workmen

The Delhi High Court has issued detailed directives to Central Government Hospitals to ensure that no improper and corrupt practices are indulged in by the contractors, in respect of engagement of contractual workmen.

Stating that the hospital administration shall ensure that steps are taken and are monitored on a regular basis, Justice Pratibha M Singh stated that it will be the responsibility of the Medical Superintendent of every such hospital to ensure that the contractual workers are not abused or misused in any manner and proper payment of their salaries, in accordance with the amount being released by the hospitals are made by the Contractors.

The development comes in a plea filed by contractual workmen engaged at the Lady Hardinge Medical College and Associated Hospitals, who were terminated on appointment of a new contractor.

"For selection of the contractual firm through GeM, two separate and independent committees, viz., Bid finalization committee and Bid evaluation committee comprising of non-administrative faculty members would be constituted," the Court directed.

It added that the approval shall be obtained from the concerned Ministry for award of the contract, after the Bids are evaluated and finalized.

It was also directed that the hospital administration shall create awareness amongst the outsourced workers about their dues and statutory deductions.

"For the said purpose, when they report for duty for the first time, a senior person from the hospital administration shall try and hold an interactive session in the presence of the contractor to sensitize them as to their rights and duties," the Court said.

The Court added that proper and transparent criteria shall be fixed and once the Contractor has finalized the workers, the administration shall verify their identity cards and documents before they are allowed to report for duty.

"Adequate administrative personnel shall be recruited in the hospital to deal with the contractual workers, and if there are any vacancies, steps to fill up the same shall be taken expeditiously," the Court said.

Other directions issued are as follows:

- A committee of at least two senior persons – one from administration and one from amongst the faculty members, shall be constituted to interact with the outsourced employees on a quarterly basis to check if they are facing any difficulties, including difficulties in respect of the salaries and other payments. The said Committee shall also keep a check on their efficient & qualitative delivery of services.

- In accordance with the Committee's recommendations, salary slips may be issued each month to the outsourced workmen showing the breakup of admissible salary and statutory deductions, and the net salary payable through the Bank must reflect on the salary slips.

- A complaint box shall be put up in a prominent place in the premises of the hospital, so that any contractual workers who have complaints against the contractors would be able to submit their complaints in those boxes, even in an anonymous manner. These complaints shall also be looked into, and action shall be taken within two weeks of receiving the said complaints.

The Court was dealing with a plea filed by contractually employed Workmen working with the Lady Hardinge Medical College and Hospital challenging the illegal termination of their services.

Perusing the Report by the Committee appointed by the Ministry of Health & Family Welfare, the Court was of the view that it clearly showed that there were several gaps in the recruitment of contractual workers.

Issuing the aforementioned steps, the Court said:

"It is made clear that the continuation of contractual workers shall always be in accordance with law. The present order shall not be construed as giving any permanence to the contractual employees."

It added:

"Let a copy of this order as well as the Report of the Committee constituted by the Ministry of Health & Family Welfare be circulated to Lady Hardinge Medical College and Associated Hospitals as also all other Central Government Hospitals for appropriate implementation of the aforementioned directions."

Case Title: ALL INDIA GENERAL KAMGAR UNION v. UNION OF INDIA & ORS.

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