It is always a matter of joy to be powerful. It is more so when one could appropriate the power of some other organisation and use it as per one’s whims and fancies. The Middle Management of the ESIC Hqrs. Office is abusing its position and power to divide the employees and play fvourites by setting one against the other and cultivate the lobbying culture. It is a fun, as long as it does not happen to that Middle Management by the acts of Higher Management.
In government offices, objective and neutral management of service matters is a fundamental ethical principle of public administration. Upholding this standard is essential for maintaining fairness, public trust, and effective governance. But who cares? If an officer feels that he can manipulate things in such a way that he would not be made accountable for his commissions and omissions, he can do anything in violation of law and enjoy his own ability to manipulate.
- What is Sec. 97 (2A) for? .
- What was the need for inserting Sec. 97 (2A) in year 1951 when Sec 97(3) had already been there in the Act, like Sec. 95(3) and Sec.,96 (2) ?
- What was the need for the exemption from notification in the gazette?
- How can the power of the UPSC be exercised by the ESIC, after the UPSC has communicated its concurrence to take over the power of recruitment?
Without going deep into those details by putting forth our narratives, we place before the readers the copies of the relevant documents to enable the reader to arrive at his own conclusions. Any query from the readers would be answered in the same thread. The following portions of the documents may be gone into, to ascertain the facts for oneself:
a. Clause 25 of the ESI Act (Amendment) Bill No. 24 of 1951 (published in Pages 139 & 140 of the Gazette on 31.03.1951)
b. Statement of Objects and Reasons.
c. “Notes on Clauses” published thereunder in Page 143 in respect of the same Clause 25,
Suffice it to quote here, what Mr Jagjivan Ram, the then Labour Minister of India in 1951 had, on 19.03.1951, said before he Parliament of India while explaining the need for inserting Sec. 97 (2A) along with other amendments, at the time of tabling the ESI (Amendment) Act, 1951, in Para 3 of his Statement of Objects and Reasons:
“Advantage has been taken of this opportunity to effect some other amendments to the Act which have been found necessary for rectifying certain defects and removing certain lacuna, in the Act. The reasons for the amendments are, wherever necessary, given in the Notes on Clauses attached to this Bill.”
The Bill passed by the Parliament of India got the assent of the President of India on 06.10.2021.
Hope, at least, the public opinion may prevent the middle management of the Hqrs. Office of the ESIC from indulging in further violation of law on the matters in which Sec. 97 (2A) play a vital role.
Sec. 97 (2A) comes into force the day on which the Chairman gives his assent to the resolution passed by the Corporation.
And, where, the UPSC has a role to play, Sec. 97 (2A) comes into force on the day on which the concurrence of the UPSC (to the resolution already assented to by the Chairman, ESIC) is received by the Hqrs. Office. That is the earliest available date to the ESIC to enforce the same. And that cannot be postponed by the officials of the ESIC, who want to wield the powers vested in the UPSC, at the behest of the ESIC which sent the proposal to the UPSC after examining all the issues involved.
Hope law will be allowed to prevail on this matter, at least, hereafter!
Flourishing ESIC 