Economic
Times: New Delhi: Monday, 08 February 2016.
The demands
placed by a trade union before its employer is submitted in fiduciary capacity
exempting it from disclosure under the RTI Act, the Central Information
Commission has held.
Information
Commissioner Yashovardhan Azad rejected disclosure under the RTI Act the
demands placed by each trade union for fresh ninth round of agreement of
National Joint Committee for the Steel Industry along with file notings.
The case
relates to R K Mishra who had sought the information from Steel Authority of
India in his nine-point application.
Along with
other information, he wanted complete information on demands placed by each
trade union for fresh (after expiry of eighth round, MOA on April 29, 2010)
round of agreement on NJCS.
He also
demanded all the records related to nine round of agreement on NJCS.
"...
Demands placed by each trade union for fresh ninth round of agreement of
National Joint Committee for the Steel Industry and file notings...can't be
given as it holds information related to economic interests of state and the
respondent is in fiduciary relationship with workers," Azad said.
He said demands
place a trade union is a matter of concern between employer and employee.
"The
divulgence of information on demands placed by trade union and minutes of
meetings will prejudicially affect the economic interests of the public
authority(SAIL)...Commission considers the information sought...is exempted as
per section 8(1)(e) (fiduciary clause) under the RTI Act," he said.
Azad also
pulled by NJCS for its resolution passed in its 247th meeting in 2007 saying
decisions taken at these meetings cannot be shared as they are for internal use
of the member.
"The
resolution taken by NJCS in its 247th meeting is not in conformity with the
provisions of the RTI Act. Public Authority cannot deny information on the
behest of any resolution taken by them unless it is exempted under Section 8 of
the RTI Act," he said.
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