How will the arbitrariness of officials be controlled, if such ignorance continues?

Admin

If Minister for Railways and Chairman, CEO/Railway Board will ignore these types of highly manipulated and favoured corruption in the tendering system, and not take any immediate steps, how will they control the corruption and arbitrariness of the concerned officials?

Contract No. GEMC-511687778452602, Generated Dated 18/04/2022 issued by SrDEE/G/LJN/NER

Reference: Bid/RA/PR No.GEM/2022/B/1947361

The above awarded work contract is for following works –

1. Daily trip inspection: A Check as per technical scope of work the trip inspection to carried out after each trip i.e. to and for one fitter, one helper to be deployed for the work.

2. Operation and escorting duties of DG Set in Power Car with train services with one number skilled fitter in each power car.
Quantity: 374120.93 Man Hours
Total Amount: 37037972.070
Awarded Rate: Rs. 99/- Per Man Per Hour (inclusive of all taxes & duties)

3. Operation and escorting duties of LSLRD coaches in train services with one number of semiskilled staff in each LSLRD coach.
Quantity: Man Hours 204442.93
Total Amount: 18699563.700
Awarded Rate: Rs. 90/- Per Man Per Hour (inclusive of all taxes & duties)

The above work item no. 2 & 3 are for escorting duties of power cars en-route and it is classified as “continuous duties” by Ministry of Labour (Ref. Railway Board Letter No. E(LL)73/HER/26, dated 12/01/1977).

As per Railway Servants (Hour of Work & Period of Rest) Rules, 2005) Part-II clause no. 8(3)(b) the standard hours of duties for continuous clauses of employment of Railway servants shall be 48 hours a week, which comes 48/6 = 8 hours per day.

As per tender document, GCC & SCC: General Conditions of Contract, A(2) – “The Contractor will be abiding by the Labour Act/Rules of Central Government and will follow the minimum wages, EPF, ESIC regulation etc. issued from concerned Central Government departments.”

“The Contractor must establish that he follows all Labour laws and makes payment to his staff in accordance with Acts through documentary evidences like copy of returns filed for PF, ESI Code Number, etc.”

Calculation of wages: As per Ministry of Labour & Employment Office of the Chief Labour Commissioner (Central), New Delhi, Government of India, File No. 1/26(3)/2021-LS-II, dated 28/10/2021 —

In view of above, as per Central Government Minimum Wages, EPF & ESIC the rate of –

(i) Skilled labour per hour is Rs. 119.72 (inclusive of all taxes and duties) and

(ii) Semi-skilled labour per hour is Rs. 103.42 (inclusive of all taxes and duties)

In light of fact mentioned above table, there is a huge difference in rates between the awarded rates of skilled and semi skilled labour (i.e. Rs. 99/- per hour for skilled and Rs. 90/- per hour for semi-skilled) and as per Central Government Minimum Wages (i.e. Rs. 119.72 per hour for skilled and Rs. 103.42 per hour for semi-skilled).

Thus awarded rate of skilled and semi-skilled labour does not fulfill the general conditions of contract A(II) of tender documents as well as Central Government minimum wages act.

In addition, the earlier LOA, (SrDEE/G/LJN, Tender no. 09-2020/ 00895920030314, dtd.31.12.20) which got over on 25.04.2022 was run on Rs. 121.54 per hour per person and this tender was decided in December, 2020.

The condition of minimum wage payment was also followed in the same tender and incorporated in the agreement as well.

Now, a new party suddenly entered and quoted 1.4 crores below the estimated cost of railways which was done on 8 hours basis.

SrDEE/G/LJN/NER criteria for deciding minimum working hours has suddenly changed in the new tender as he was the awarding authority in the previous tender as well.

It’s completely contradictory and not understandable as how he changed the criteria of calculating the wages from 8 hours to 12 hours just to favour a party?

Therefore, the railway administration should look into this matter and take necessary action, and also hold/suspend the LOA & cancel the tender immediately on the ground of disobedience of the rules, directions, manipulations and favour.

This matter is also reported with related evidence and justification to the PED/Vigilance/RlyBd and also with all the concerned authorities of North Eastern Railway by the party in writing on 03.05.2022.

Even though, all concerned authorities are quiet and did not take the appropriate action till date. If Minister for Railways and Chairman, CEO/Railway Board will ignore these types of highly manipulated and favoured corruption in tendering system, and not take any immediate steps, how will they control the corruption and arbitrariness of the concerned officials?