In
the Court of State Commissioner for Persons with Disabilities
National
Capital Territory of Delhi
25- D,
Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-011-23216002-04,
Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case
No. 4/1075/2015-Wel/CD/3770-71 Dated: 05.01.2018
In the
matter of:
Pt. Vikas Sharma,
Chairman, Disabled Helpline Foundation, India
Sharmaptvikas@gmail.com. .………
Complainant
Versus
The Director,
Directorate of Employment, GNCT of Delhi,
C-Block, 5-Sham Nath Marg, Delhi. …...…Respondent
ORDER
The
above named complainant vide his complaint dated 06.08.2015 addressed to
Hon’ble Chief Minister, Govt. of Delhi with copies to Commissioner, Persons with Disabilities,
Govt. of NCT of Delhi among others, pointed out some problems faced by persons
with disabilities during the Job Summit
2015 organised on 1st August, 2015 by the Govt. of NCT of Delhi. The issues ranged from pre-summit preparation
to awareness, assistance during the summit and placement of persons with disabilities.
2. The complaint was taken up with the
respondent vide communication dated 10.08.2015 followed five reminders and a hearing on 17.11.2016. However, neither any comments were received
nor did any person appear on 17.11.2016.
Thereafter, another hearing was scheduled on 03.01.2018.
3. Sh. Pawan Kamra, Sr. Regional
Employment Officer(SREO), Directorate of Employment filed a written submission dated 03.01.2018,
which reads as under:-
“1.The
mandate of Directorate of Employment is to constitute /create a platform
between Employers and Employees for getting employment. Though all the related
work is being done online, on the website www.employment.delhigovt.nic.in but to go forward further to facilitate
Employers and Employees, Directorate is organising Job Fairs for general and
for person with disabilities from time to time.
2. On
1st August 2015, Directorate has also organised a Job Summit for
persons with disabilities and its status report is enclosed as Annexure-I.
3. If
petitioner has any suggestions for improvement, the Directorate shall welcome
it.”
4. As per Annexure-I, the details of
placement of persons with disabilities on 01.08.2015 is as under:-
S.No.
|
Name
of Company
|
Total
Short Listed
|
PWD
Category
|
1.
|
Netambit
|
12
|
12(OH)
|
2.
|
KFC
(Yami)
|
4
|
4
(HI)
|
3.
|
Pepsico
|
32
|
32(OH)
|
4.
|
Concentrix
|
12
|
12
(OH)
|
5.
|
Aegis
|
31
|
31(OH)
|
6.
|
Vodafone
|
25
|
20(OH)
5(VI)
|
7.
|
Steria
|
12
|
12(OH)
|
8.
|
Minda
|
14
|
5
(OH)
9(HI)
|
Total
|
142
|
(OH) Orthopedically Handicapped = 124
(VI) Visually Impaired = 5
(HI) Hearing Impaired = 130
___________
Total = 142
____________
5. Sh. Pawan Kamra further added that
they have the information about the number of persons with disabilities
short-listed by companies. The
information about the number of short-listed candidates actually joined is not
available.
6. As the complainant did not personally
appear, he was contacted on his given telephone number. The written submission of the respondent was
read over to him to enable him to make his statement / rejoinder on telephone
itself so that the case would be disposed of.
The complainant agreed to this process of recording his statement. He suggested that in many cases persons with
disabilities are short-listed and offered jobs but only a few are retained. He
therefore, suggested that before organising the next Job Fair / in six months, the
Directorate of Employment should get the information from the companies about
the number of candidates with disabilities who actually joined and continue to
work.
7. It will be worth while to discuss the
relevant provisions of the Rights of Persons with Disabilities Act, 2016 which
has come into force w.e.f 19.04.2017.
The relevant sections are as under:-
“2(x)
Public facilities and services includes all forms of delivery
of services to the public at large, including housing, educational and
vocational trainings, employment and career advancement, shopping or marketing,
religious, cultural, leisure or recreational, medical, health and
rehabilitation, banking, finance and insurance, communication, postal and
information, access to justice, public utilities, transportation.
20.Non-discrimination in employment.—(1) No Government establishment shall
discriminate against any person with disability in any matter relating to
employment: Provided that the appropriate Government may, having regard to the
type of work carried on in any establishment, by notification and subject to
such conditions, if any, exempt any establishment from the provisions of this
section.
35. Incentives to employers in private sector - The appropriate Government
and the local authorities shall, within the limit of their economic capacity
and development, provide incentives to employer in private sector to ensure
that at least five per cent. of their work force is composed of persons with
benchmark disability.”
8. Government
of India (Department of Empowerment of Persons with Disabilities) has
introduced a scheme w.e.f. 01.04.2008 under which Central Govt. will pay employer’s
share of EPF and ESI contribution for the first three years for a person with
disability employed in a private sector establishment. Another measure to incentivise the employment
of persons with disabilities in private sector is the scheme of National Award
for best employer and placement officer or agency. Under this, three awards one
each to Government Sector, Public Sector Undertakings or local Govt. body and
private or non-government organisation.
The award is comprises of the cash of Rs. 1,00,000/- , a citation, a
certificate and a medal. For best Placement
Officer / Agency, a award comprising cash of Rs. 50000/-, a citation / certificate and a shield.
9. Section 40 to 46 of the Act provide
for access to built environment, transport, information and communication technology and
services.
10. It
is observed that Govt. of NCT of
Delhi will be organising a Mega Job Fair on 15-16th
February, 2018 in which the companies and job seekers can register online on
the Job Fair Portal i.e. www.jobfair.delhi.giov.in. As private as well as the Govt. establishments
can participate in the Mega Job Fair, it is recommended that the common /
individual circular or invitations to the companies may mention about the relevant
provisions of the Rights of Persons with Disabilities Act, 2016 regarding
reservation of not less than 4% vacancies for persons with disabilities (only
in Govt. establishments) and the Central Government’s scheme of National Award and incentive for employment to private sector
employers mentioned above. It is also recommended
to ensure that the venue of the job fair
is accessible to persons with disabilities and to facilitate easy and barrier
free access to the Job Fair. The Job
Fair portal be also made accessible to persons with disabilities.
11. The suggestion made by the complainant
that the information about the joining of candidates of persons with
disabilities and the status of their retention before the next job fair / in six
months whichever is earlier, be also considered.
12. Action taken on the above
recommendations may be intimated to this Court within three months from the
date of receipt of this order.
13. The complaint is disposed off in terms
of the above recommendations.
14. Given under my hand and the seal of
the Court this 5th day of January,
2018.
(T.D. Dhariyal )
State Commissioner for Persons with
Disabilities
View the digitally signed PDF Order here:
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