The Delhi High Court has recently issued directions to Central Government Hospitals to ensure a transparent environment and eliminate corruption. It is alleged that the workmen were told by the new contractor engaged by the Hospital (respondent, Lady Hardinge Medical College and Hospital) that unless and until they pay money to the new contractor, they would not be retained by the Hospital. In fact, several of the workmen have paid the new contractor and accordingly their services have been retained by the Hospital.
A single-judge bench of Justice Pratibha M. Singh passed the afore-mentioned directives in a petition preferred by Workmen, working with the Lady Hardinge Medical College and Hospital challenging the illegal termination of their services.
On a previous occasion the court had observed that the grievances of similar nature are being raised against the contractors in many cases and considering the fact that the allegations of new contractors charging commission under the guise of “security deposit”, both in lump-sum and as a cut in the monthly salary of the employees, which were being raised against a reputed hospital, the Secretary, Minister Of Health And Family Welfare were directed to nominate a senior official to look into the matter and submit a report.
A report was put on record by the Enquiry Officer, Mr. Ghulam Mustafa, Director (A & V) Directorate General of Health Services, Ministry of Health & Family Welfare. The report was later forwarded to the committee constituted by the Ministry of Health and Family Welfare for further action on the Enquiry Report.
Further, in the light of the report of the inquiry officer as well as an action taken report dated 19th October 2020 submitted by the Lady Hardinge Medical College and Hospital, the Committee appointed by the Ministry of Health & Family Welfare had recommended certain reforms that need to be introduced in all the Central Government Hospitals.
Upon a perusal of the Report furnished by the Committee appointed by the Ministry of Health & Family Welfare, the court observed that there were several gaps in the recruitment of contractual workers and passed the detailed directives.
The Court has mandated the following steps, in respect of the engagement of contractual workmen in Central Government Hospitals through contractors:
- 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 approval, if necessary, shall be obtained even from the Ministry for award of the contract, after the Bids are evaluated and finalized.
- 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.
- Proper and transparent criteria shall be fixed, and once the Contractor has finalized the workers, the administration shall also 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;
- Salary details of outsourced employees shall be displayed by putting up Boards in prominent places in the premises to avoid any chances of salary being cut or unauthorized deductions being made by the contractor;
- 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;
- Suitable provisions shall be incorporated in the Service Level Agreement (SLA) to fix the accountability of the selected vendor in case of any violations of the SLA.
- The Hospital Authority shall also ensure the verification of the educational qualifications as well as other eligibility conditions by the vendor required, so as to ensure that the right person is engaged for the right job.
- Every outsourced workman may be provided with detailed
- terms and conditions governing their engagement with thehospital, including the details of job requirements, attendance
norms, leave entitlements, and facility available under the ESI, amongst others. - 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.
- The Hospital shall also consider introducing a system of biometric attendance in respect of outsourced workmen.
- Further, as per the guidelines issued by the CVC, rotational transfers of persons holding sensitive posts on a regular basis shall also be undertaken.
- 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 complaint.