Under the aegis of National Legal Services Authority (NALSA), a 2-day workshop was organized by Jammu and Kashmir State Legal Services Authority and J&K Labour Department at General Zorawar Singh Auditorium of Jammu University. The workshop was on “Workers in Unorganized Sector-their Aspirations, Challenges and Way forward”. The highlight of the workshop was the inaugural address of Chief Justice of India, Justice T S Thakur. A full galaxy of legal luminaries of the State including the Chief Justice of the State and State High Court judges and top echelons of State bureaucracy and police services were present on the occasion. For Jammu the event was memorable because the CJI, Justice T.S. Thakur was addressing a distinguished gathering in his home town.
In his address, the CJI and other judges as well, focused on unorganized labour and the provisions that exist to protect a plethora of their rights and how these could be reinforced further. The CJI was unhappy on the sluggish pace of the Central as well as the State Governments in disposing off various matters of public urgency. Experience has shown that the Governments are not showing keen interests in mitigating the problems and issues of ordinary people but are in the habit of passing on the buck. By doing so, a decision on the cases under consideration is prolonged, pendency increases and justice is delayed, which is not a good sign of good governance. Citing an example in this context, the CJI said that the Union Government was making inordinate delay in clearing the names recommended by the Supreme Court Collegium for appointment as Judges of the High Courts of different States. At the same time it was criticizing judiciary over delay in dispensing justice. We know there in a mountain of pendency in the courts right from the Apex Court down to district court and below. How can this enormous pendency come down when we don’t have adequate number of judges to dispose them off? CJI said 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 per cent of 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. In yet another instance 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 how casually the State Government has approached the issues of vital public importance. In a suggestive manner, CJI said that there was need for a workable mechanism that would audit the functioning of the Government in important matters. Such a mechanism is necessitated by the lackadaisical attitude adopted by the Government. The second important requirement was bringing about consciousness among the civil society about the dignity and rights of labour. It is true that labour force is the backbone of industry and industry is the channel through which our economy grows. These are all inter-linked agencies; taking care of one means taking care of the rest of them. Indian culture never teaches disregard of the utility of labour because labour is considered Vishwakarma. He emphasized the need of bringing awareness to the labour class about the helpful legislation that protects them. As they are mostly migratory moving from one place to another in search of work, the unorganized labour is unaware of what measures the Government takes from time to time to ameliorate their lot. There is need of taking care of their families, children education and health. In this big task only laws cannot do all that needs to be done. Civil society, NGOs, human rights activists, legal authorities and Government Labour Department all must join to provide relief to the labour class in the country. It has to be said that unorganized sector covers most of the rural labour and a substantial part of urban labour. This sector is marked by low income, unstable and irregular employment and lack of protection because of casual and seasonal nature of employment and scattered location of enterprises.
However, Chief Secretary B R Sharma stated about steps the Government of the State had taken in regard to workers in the unorganized sector. He said that 279904 workers in unorganized sector are presently registered with J&K Building and Other Construction Workers Welfare Board. 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 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.
We think that the State could make very good use of the suggestions and observations made by the CJI and other Judges of the Supreme Court and the High Court. The Government should make note of these suggestions and try to implement them as far as possible so that the lot of the unorganized sector of labour is benefitted and also educated.
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