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Fri, 14 Dec 2018

Northeast Today

Job Reservation Norm in Sikkim Flawed

Job Reservation Norm in Sikkim Flawed
October 11
16:00 2018

NET Bureau

Raking up the issue of 100 percent job reservation for Sikkimese locals in private companies, Save Sikkimese Soul on Wednesday claimed that the private companies have found a reason in denying job reservation after the Local Employment Protection Bill of 2010 passed by the State Legislative Assembly faced rejection by the President of India.

Addressing media at Press Club of Sikkim, the organisation asserted that Sikkim government issued the recent 90 percent job reservation notification in haste without any legislative back up. The legislative body of the ruling front passed a resolution on May 29 to bring legislation in line with Rule (4/4), an old law of Sikkim, providing for 100 percent job reservation to Sikkimese people in the government sector.

Save Sikkimese Souls coordinators Passang Sherpa and Raaz Gadaily stated that the outcome of the hasty notification from the State government was visible on October 3, when a meeting called by the Commerce and Industries and Labour departments to take stock on the implementation of the notification was abstained by many of the private companies.

“They have realised that no legal and constitutional standing of such incompetent notification resulting in private companies paying no heed to the meeting called by the government,” said the coordinators.

Claiming that there is no regulation against the private companies on job reservation for locals in the State, Sherpa further stated, “The monopoly of the private companies escalated because of the fact that Companies Act, 2013 repealed the Registration of Companies (Sikkim) Act 1961, an old law of Sikkim protected under Article 371F. It has brought an alarming situation as Sikkim doesn’t have law to regulate private companies in Sikkim. In one hand, the State of Sikkim ceased the implementation of Registration of Companies Act 1961 and in the other hand government of India is yet to notify Companies Act in the State of Sikkim”.

Asserting on the amendment of Rule (4/4), the organization claimed, “Rule (4/4) needs to be amended in order to secure job reservation for locals in private companies similar how it is done in the government sector which does not allow reservation for non-locals. If job reservation is done under Rule (4/4) even the President of India cannot repeal it as it is protected under Article 371F.

The notification of May 29 has no value without it, in fact there is no law against regulation of private companies in the State, despite the State signing memorandum of understanding with private companies which has clear provisions for job reservation. The private companies are not going to agree unless there is a law”.

Claiming the situation to be a violation of Article 371F, Save Sikkimese Soul claimed that the ruling government and the opposition have remained silent on the issue.

“The ministry of corporate affairs have time and again sent the letters to the State. The euphoria created by the latest entrepreneurial culture in Sikkim finds no meaning in the absence of the very law regulating it. There is neither registration nor regulation of companies, so the centre and the State government cannot do anything without a law”, they added.

SOURCE: Sikkim Express

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