The practice of laying down law for protection of the interests of workmen commenced during the days of British Rule itself. About 150 years ago, the then Government formulated the Fatal Accidents Act 1855 to give succour to the dependents of those killed in industrial accidents and made it a law. So also the Trade Union Act 1926 and Workmen Compensation Act 1923 became further milestones in the path to protection of workmen. Subsequently over 250 enactments have been introduced in the country. State and Central Governments have promulgated several orders, ordinances and rules for protection of the working class. In no other country there may be as many labour laws and enactments as we find in India. BUT OUR REAL CONCERN AND ISSUE IS HOW MANY OF THESE LAWS ARE USEFUL IN REALITY AND ARE IMPLEMENTED IN LETTER AND SPIRIT.(MOST OF THESE LAWS SEEM TO HAVE BEEN PUT IN THE COLD STORAGE NOT TO BE USED AT ALL.
Let us consider this case itself in a little greater detail: The mishap took place in July 1995.Even when there is a Labour Court specifically attending to labour matters, Shashidhar had to wait for 4 and 1/2 years to get a judgement in his favour. The Labour Commissioner took further 7 months only (?) to send an order to the Deputy Commissioner. For giving instructions to the Tahsildar, the Deputy Commissioner took a further two months.
In this manner the matter was unnecessarily dragged for five and half years when the defaulting company was functioning and was capable of meeting its liability towards Shashidhar. They had several movable and immovable assets required for the purpose. There was no demand from the Excise or any other Departments after the compensation was awarded till January 2001.
It was only in January 2001, that the Excise Dept. submitted its demand for recovery from the company. The Labour Dept. could have settled Shashidhar's compensation during these five years. This did not happen and the poor father lost his compensation for ever. WHO CAN BE HELD RESPONSIBLE FOR THIS LAPSE? Is there any other recourse to Shashidhar and others like him, except to repent their bad luck for having been born in a country full of such injustice or miscarriage of justice or delayed justice nullifying the benefits intended to be given under law to such hapless brethren?
The Plight of Daily Wager
Is it that life of a worker is worthless?
