* Courts step in when State machinery fails: CJ
Excelsior Correspondent
JAMMU, Feb 28: The two-day workshop on “Workers in the Un-Organized Sector” organized by Jammu and Kashmir State Legal Services Authority (SALSA) in collaboration with J&K Labour Department under the aegis of National Legal Service Authority (NALSA) concluded here today with speakers stressing the need for adopting coordinated and holistic approach for addressing the issues of working class in the unorganized sector.
The workshop which was inaugurated by Chief Justice of India, Justice T S Thakur yesterday witnessed series of sessions on the second day touching range of areas pertaining to the welfare of the workers in unorganized sector.
Speaking at the valedictory function, Supreme Court Judge and Executive Chairman NALSA, Justice Anil R Dave congratulated the J&K State Legal Services Authority (SALSA) for holding the workshop on the crucial subject related to the welfare of workers in the unorganized sector. He said this is high time to join hands to take the initiative forward for mitigating the sufferings of the labor class, which have huge role in the growth and development of the country.
“Workers are the most important factor and if they are paid well and provided all facilities due to them they will give their best,” he said.
Asserting that holding of such workshops should act as wakeup call for all the Government institutions and private stakeholders, Justice Dave said that there was a need to do something tangible on this important issue of finding the best ways to address the grievances of the workers.
In his address, Supreme Court Judge, Justice Fakkir Mohammad Ibrahim Kalifulla said; “We all should take a pledge to implement the resolutions adopted and advises given by the speakers during the thought provoking 2-day workshop”.
Justice Kalifulla called upon SALSA, Labour Department, Law Department, Trade Unions and other stakeholders to join hands and work as a team towards mitigating the sufferings of the labour class. “The stakeholders should strive for ensuring implementation of laws meant for protection of the rights and improvement of living standard of the workers class,” he added.
Chief Justice of Jammu and Kashmir High Court and Patron in Chief of JKSALSA, Justice N Paul Vasanthakumar asked the judicial fraternity to set an example by being fair to their employees. “We are all in some way or other employers, we have drivers, gardeners and helpers in our homes. I may tell you to begin from your home and be fair to your employees. By this way we can set an example for the others,” he said and added the judicial fraternity has a great role to play in the implementation of laws that can make a difference in the lives of workers.
He pointed out that state has a responsibility to mitigate the sufferings of weaker sections who do not have the voice and if State machinery fails to do so, the courts have to step in and make the state machinery sensitive enough to rise to the occasion and meet the aspirations of neglected class of the society.
Speaking during today’s session, Justice Mohammad Yaqoob Mir, Judge J&K High Court and Executive Chairman JKSALSA, said SLSA would carry forward its endeavor to see that the mission is achieved and the problems faced by different categories of workers in the unorganized sector are addressed at the ground level.
The valedictory function was preceded by technical sessions and open house discussion which were also addressed by Vice Chancellor University of Jammu Prof R D Sharma, Vice Chancellor University of Kashmir, Prof Kursheed Andrabi, Vice Chancellor Central University Jammu Prof Ashok Aima and Legislator M Y Tarigami. The speakers dwelt in detail on various aspects which need special attention for effective implementation of laws for protection of rights and ensuring social security of the working class.
The speakers also elaborated on the impediments in implementation of Building and Other Construction Workers (regulation of Employment and Conditions of services) Act 1996 and the Unorganized Workers Social Security Act 2008.
The CEO/ Secretary J&K Building and Other Construction Workers Welfare Board, Sayeed Mureed Hussain gave a detailed resume of functioning of the board and steps taken by it to reach out the workers.
High Court Judges, Justice BL Bhat and Justice Mohammad Yaqoob Mir also addressed the valedictory function.
Vote of thanks was presented by J&K High Court Judge and chairman J&K, HCLSC Justice Ali Mohammad Magrey. He said the objective of the workshop was to provide a common platform to jurists, academicians, bureaucrats and trade unionists to deliberate over the plight of unorganized workers in the state and to oversee the progress made in implementation of legislations and schemes enacted for their welfare.
The first session on Day-2 of the workshop was chaired by Justice Muzaffar Jan, former judge of J&K High Court with Prof K L Bhatia, Professor of Eminence as Co-Chairperson. The speakers in the session were Prof Arvind Jasrotia, who spoke on Migration – Causes and Problems and its Human Rights Perspective, followed by Nirmal Sharma, Secretary to Government, Labour Department, who spoke on Working Conditions, Remuneration and Protection Against Discrimination. M.R. Salalia, General Secretary, All India NHPC Workers Union, spoke on Protection Against Harassment at Workplace.
The second session of Day-2 was chaired by Justice O P Sharma, former Judge of J&K High Court with Prof Sanjay Gupta, Director, Law School, University of Jammu as Co-Chairperson. The speakers in the session were Prof Satinder Kumar, who spoke on Legal Awareness, Legal Assistance and Role of SLSA in Securing benefits under Social Security legislation followed by Sanjeev Verma, Secretary to Government, Social Welfare Department, who spoke on Schemes for Unorganized Workers. Harbans Choudhary, a Trade Unionist, spoke on problems faced by Unorganized Workers in seeking the benefits of Social Security Schemes.
The day two began with third working session chaired by Justice F M Ibrahim Kalifulla, Judge Supreme Court of India with Prof. R D Sharma, Vice Chancellor, University of Jammu as Co-Chairperson. The speakers in the session were Prof Mohammad Ayub, Head and Dean, Faculty of Law, University of Kashmir who spoke on Employment Procedure followed by Vipra Bhal, Labour Commissioner J&K who spoke on, Wage Structure and Methods of Wage Payment and Earning. Ram Bachan Rao, a Trade Unionist, spoke on Problems of Working Women.
The second session of day two was chaired by Justice B L Bhat, Judge, High Court of J&K with Prof. Khursheed Iqbal Indrabi, Vice Chancellor, University of Kashmir and Prof. Ashok Aima, Vice Chancellor, Central University of Jammu as Co-Chairpersons. The speakers in the session were Dr. Savita Nayyar, who spoke on Legislations for Construction Workers and Other Unorganized Workers in Vogue followed by a vibrant speech by M Y Tarigami, MLA on Role of Law Makers vis-a-vis the Legislations applicable to workers in Unorganized Sector. Om Prakash, a Trade Unionist, spoke on Impediments in Implementation of Legislations for Unorganized Workers.
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