Excelsior Correspondent
JAMMU, Feb 27: Launching scathing attack on Union as well as State Governments for their sluggish performance on various fronts, Chief Justice of India, Justice T S Thakur today stressed the need to evolve a mechanism to audit the functioning of the Governments so that issues of the people don’t remain confined to the official files.
“Generally, the Governments don’t dispose of the issues of public importance and put the ball in the court of others, which is a wrong precedence and is required to be checked”, Justice Thakur said while addressing the inaugural session of 2-day workshop on “Workers in Unorganized Sector—Their Aspirations, Challenges and Way Forward” organized by Jammu and Kashmir State Legal Services Authority and J&K Labour Department under the aegis of National Legal Services Authority (NALSA) at General Zorawar Singh Auditorium of Jammu University here.
He substantiated this by mentioning the inordinate delay on the part of Union Government in clearing the names recommended by the Supreme Court Collegium for appointment as Judges of the High Courts of different States and on the other side criticism of judiciary over delay in dispensing justice.
“About 450 posts of Judges of the High Courts are lying vacant at present… the Supreme Court Collegium had received 150 files and on the basis of merits almost 50% of the recommended names were cleared for appointment as Judges of the High Courts in different States. However, during the past two months the Union Ministry of Law, Justice and Parliamentary Affairs is sitting over the files”, the Chief Justice of India rued.
As far as J&K is concerned, Justice Thakur said that Union Government had enacted legislation on workers in unorganized sector several years back but despite framing of rules as per the provisions of this Act, the J&K Government delayed constitution of Board for Workers in Unorganized Sector for nearly 10 years. “This indicates the approach towards the issues of vital public importance”, he remarked.
Based on these observations, the Chief Justice of India stressed the need to evolve a mechanism to audit the functioning of the Governments in the country. “Unless such an audit is conducted, the slackness and impediments in disposal of the issues concerning common masses cannot be addressed in a time bound manner”, he added.
He called for inculcating consciousness in the society towards the dignity and the rights of labour class. “In the Indian culture the worker is traditionally regarded as ‘Vishwakarma’. The country cannot be happy, if the worker is unhappy,” he added.
Emphasizing that laws alone can’t bring the desired change, the Chief Justice of India said the combined and concerted efforts of the judiciary, labour unions, industrialists and the Government, will bring about the results which are not only in the interest of the labour class but the country’s economy as well. He said successful initiatives in this regard taken by various Governments are worth emulating.
The Chief Justice, who is also the Patron-in-Chief of NALSA, called for giving importance to innovative schemes for workers especially in the unorganized sector. He said Labour Unions too should join in the effort to nurture innovation. He added that there is a thin line that separates the good of the industry and the good of the industrialist.
Similarly, he said, the thin line separates the good of the worker and the good of the labour union; the good of the nation and the good of the Government.
Giving a brief history of the evolution of laws relating to the unorganized workers, the Chief Justice said NALSA has formulated six legal service schemes for the enforcement of the welfare measures launched by the Centre and State governments for the benefit of these workers. He also pointed out the lapses on part of the Governments in implementation of the schemes formulated for the workforce in the unorganized sector.
The Chief Justice said that unorganized sector covers most of the rural labour and a substantial part of urban labour.
“In this sector wage-paid labour is largely non-unionized due to casual and seasonal nature of employment and scattered location of enterprises,” he said and added this sector is marked by low income, unstable and irregular employment, and lack of protection either from legislation or trade unions. He said the unorganized sector uses mainly labor-intensive and indigenous technology.
“The workers in unorganized sector are so scattered that the implementation of the legislation is very inadequate and ineffective. There are hardly any unions in this sector to act as watch-dogs”, he added.
Justice Thakur stressed for conducting training programmes for the workers in unorganized sector and small scale industries with a view to develop awareness about their problems, difficulties and protective labour laws at work place and help them in finding solutions as well as equip them in developing their own organizations
He said such seminars also help to provide platform for academicians; researchers and social activists to discuss exclusion, health hazards, migration, exploitation happening every day in the unorganized sectors of India and to suggest their inclusion.
He stressed the need for launching massive awareness campaigns to sensitize people about the schemes launched by State and Central Government for uplift of the workers in the unorganized sector.
Speaking on the occasion, Justice Anil R Dave, Judge of the Supreme Court and the Executive Chairman NALSA said more than 80% workforce in India is part of the unorganized sector. “Even the benefits of various schemes started for their welfare are proving ineffective due to poor implementation by the respective Governments”, he said and added the Supreme Court has time and again emphasized the need for proper implementation of welfare schemes for workers by the Centre as well as State Governments.
He made a reference to the plight of sugarcane workers in Gujarat and the efforts of the State in mitigating their sufferings in respect of their housing, security and livelihood.
He said that most of the workforce in unorganized sector gets wages lower than the fixed minimum wages. “Though there is a Construction Workers’ Protection Act but the authorities responsible for its implementation have shown little sensitivity”, he said and added NALSA has devised ‘Legal Services to the Workers in the Unorganized Sector Scheme 2010’ enabling NALSA and the State Legal Services Authorities to act as watchdog for expeditious implementation of welfare schemes for laborers.
Highlighting the purpose of workshop, Justice Fakkir Mohammed Kalifulla, Judge Supreme Court of India said the purpose of organizing such workshops is to co-opt all the stakeholders to play their role for the betterment of the unorganized workers adding that this would cover legal framework for workers.
He said the working condition of unorganized workers are poor and stressed that maximum wages should be fixed besides due care should be taken for their healthcare and proper education of the children. “We should work collectively for the socio-economic transformation of unorganized workers. Let us join together to aware the unorganized workers about their rights and pledge to enforce strictly the welfare schemes launched by the Government for their overall uplift”, Justice Kalifulla said.
Speaking on the occasion, Justice N Paul Vasanthakumar, Chief Justice of Jammu & Kashmir High Court said the concept of Social Security Act enacted for unorganized workers is aimed ensuring medical aid, financial assistance for such workers as most of them remain on move to look for work. He said need is to initiate adequate measures for sensitizing unorganized class of workers so that they are able to get the benefit of the schemes launched by the State and Central Governments for their welfare. He said these workers know little about the schemes as most of them are moving from place to place in search of work. He said everyone has a role to play for uplift of this section.
He called upon the lawyers, NGOs, Trade Union Leaders, law students associated with Legal Service Authority, officials of labour department, legal aid clinics and other concerned organizations to intensify their efforts for disseminating information among the working class for availing the benefits of the welfare schemes and protection of their rights.
In his welcome address, Justice Mohammad Yaqoob Mir appreciated the efforts of Chief Justice of Supreme Court of India for giving new impetus to NALSA for the maximum benefit of the organized and unorganized workforce of the country. He said labour force in unorganized sector is the backbone of the country’s economy and it is the duty of all of us to safeguard their rights and ensure all possible benefits to them for their socio-economic transformation.
Justice Mir, who is also the Executive Chairman of SALSA, threw detailed light on the achievements registered in the state under SALSA. He said several schemes are being implemented through social welfare department but benefits fully are not reaching to the deserved working-force. He stressed strict enforcement of the Act for monitory help to this section.
Justice Ali Mohammad Magrey, Judge of J&K High Court and Chairman High Court Legal Services Committee, in his speech highlighted the activities of State Legal Services Authority and said that every effort is being made to provide legal assistance to unorganized workers of the State. He emphasized the need for strict implementation of the different provision of the Act and the schemes launched by the Centre and State Government for the welfare of this section.
Speaking on the occasion Chief Secretary, B R Sharma said 279904 workers in unorganized sector are presently registered with J&K Building and Other Construction Workers Welfare Board. He said out of Rs 465.73 crore received as cess by the board, Rs 154.83 crore have been spent under various welfare schemes for the workers.
He said a major initiative towards providing protection to the workers in the unorganized sector was the enactment of Building & Other Constructions Workers Act of 1996 and Building and Other Construction Workers Welfare Cess Act of 1996 by the State Government.
“Objective of this initiative is to regulate the employment and conditions of service and to provide safety, health and welfare measures for the building and other construction workers,” he said and added that following the framing of rules under these Acts, the Government constituted the Building and Other Construction Workers Welfare Board to provide assistance to the workers in case of injury, temporary/ permanent disability due to accident at work place, marriage assistance, treatment of chronic diseases of registered workers/dependents, maternity benefits to the female workers, funeral assistance to the worker/family and assistance to the dependent in case of the registered construction workers besides, education assistance.
He said the State Government has also framed J&K Unorganized Workers Social Security rules and has also constituted J&K Social Security Board for formulation and execution of welfare schemes for these workers.
Sharma commended the role of Jammu and Kashmir State Legal Services Authority (JKSLSA) in reaching out to the workers in the unorganized sector by conducting legal awareness programmes and assisting them in availing benefits of the Government’s welfare schemes.
He hailed the SLSA and the Labour Department for organizing the workshop which he said will go a long way in sensitizing the workers in the unorganized sector regarding their rights and the welfare schemes in vogue.
Chairman Jammu and Kashmir Legislative Council, Haji Anayat Ali, former Chief Justices, present and former Judges of High Court and other courts, Advocate General, government officials, representatives of Bar Associations and Trade Unions and law students were also present on the occasion.
Earlier, the Chief Justice of India and other dignitaries released Newsletter, Handbook of different welfare schemes and booklet on performance of J&K SLSA.
Chairman Jammu and Kashmir Legislative Council, Haji Anayat Ali, Legislator M Y Tarigami, former Chief Justices, present and former Judges of High Court and other courts, Advocate General, D C Raina, Director General Police, K Rajendra, Financial Commissioner Planning and Development, B B Vyas, Commissioner Secretary Law, Mohammad Ashraf Mir, Secretary to Government Labour and Employment Department, Nirmal Sharma, officers of Registry, Member Secretary SLSA, District Judiciary Jammu, Chairmen, District Legal Service Authorities, Chairmen, Tehsil Legal Services Committees, representatives of Bar Associations, police and civil officers, law students, un- organised workers, trade union leaders and other dignitaries attended the inaugural function.
Later in the day, the Chief Justice of India inaugurated the Lawyers Chambers in the District Court Complex, Jammu and dedicated the newly constructed Chambers to the Lawyers and had a brief interaction with the Lawyer fraternity. The Complex comprising 213 chambers in an area of 72000 sft has been constructed at a cost of Rs 18.41 crore.
Earlier, Guard of Honour was presented to the Chief Justice of India at the High Court Complex Jammu.
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