1 Documentation of the Proceedings of The State Level Workshop on “Unorganized Workers: Their Aspirations, Management, Future & Law” Jointly Organized by Karnataka State Legal Services Authority Department of Labour Karnataka Building and Other Construction Workers Welfare Board, Karnataka State Unorganized Workers Social Security Board In Association with CREDAI, BAI, Unorganized Workers Unions, Civil Societies Organizations and Workers Date: 16 th May 2015 Venue: NIMHANS Convention Hall
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1
Documentation of the Proceedings of
The State Level Workshop
on
“Unorganized Workers: Their Aspirations, Management, Future & Law”
Jointly Organized by
Karnataka State Legal Services Authority Department of Labour
Karnataka Building and Other Construction Workers Welfare Board, Karnataka State Unorganized Workers Social Security Board
In Association with
CREDAI, BAI, Unorganized Workers Unions, Civil Societies Organizations and Workers
Date: 16th May 2015 Venue: NIMHANS Convention Hall
2
Documentation of the Proceedings of
The State Level Workshop
On
“Unorganized Workers: Their Aspirations, Management, Future & Law”
Jointly Organized by
Karnataka State Legal Services Authority
Department of Labour
Karnataka Building and Other Construction Workers Welfare Board,
Karnataka State Unorganized Workers Social Security Board
In Association with
CREDAI, BAI, Unorganized Workers Unions, Civil Societies Organizations and
Workers
Date: 16th May 2015 Venue: NIMHANS Convention Hall
3
Contents
1. Objective of the Workshop
2. Inaugural of the photo exhibition -
photographs of legal services activities in the State and
unorganized workers working in various sectors
Part – I - Inaugural Programme
4. Introductory Address by Hon’ble Sri Justice N.K Patil,
Judge, High Court of Karnataka, Executive Chairman,
Karnataka State Legal Services Authority
5. Inaugural address by Hon’ble Sri Justice T. S. Thakur,
Judge, Supreme Court of India, Executive Chairman,
National Legal Services Authority
6. Guest Speech by Hon’ble Sri Justice V. Gopala Gowda,
Judge, Supreme Court of India
7. Bird’s Eye View of the Department of Labour:
Presentation by Dr. D.S.Vishwanath ,
Commissioner of Labour
8. Presidential Address by Hon’ble Sri Justice
D.H. Waghela, Chief Justice, High Court of Karnataka,
Patron-in-Chief, Karnataka State Legal Services Authority
9. Vote of Thanks - Shri Ashok G. Nijagananavar,
Member Secretary,
Karnataka State Legal Services Authority
4
PART – I
The Karnataka State Legal Services Authority in co-ordination with
the Department of Labour, Government of Karnataka is strongly pursuing
the cause of the Un-Organized Workers in the State. Be it a cause of
registration of workers or extending the benefits to the victims through
welfare boards. In continuation of their tirade against the exploitation of
un-organized workers at all levels, the Executive Chairman, Karnataka
State Legal Services Authority thought to have a State level Workshop by
involving all the stake holders and to address the problems being faced by
the un-organised workers.
Several meetings were held under the chairmanship of Hon’ble Sri
Justice N.K.Patil, Judge, High Court of Karnataka, Executive Chairman,
Karnataka State Legal Services Authority, in the Executive Chairman Hall,
High Court Annexe. The meetings were attended by Dr. D.S. Vishwanath,
Commissioner, Department of Labour, all the officers of State Legal
Services Authority and Labour Department. The issues relating to un-
organized workers were discussed and it was noticed that the various
problems of the un-organized workers were not attended in letter and
spirit. Therefore it was felt to have a comprehensive discussion and to
identify all the problems faced by the un-organized workers and to have
redressal measures .
One of the largest awareness programme as well as workshop for
targeted stakeholders was held on 16th May 2015 at NIMHANS Convention
Hall, Bengaluru. Around 1200 unorganized workers of various identified
5
sectors were present. The jointly organized workshop was attended by
and Schemes meant for construction workers which are targeted to
provide social security protection for unorganized workers.
Impediments such as illiteracy, ignorance and other factors prevent
the workers to have proper access to legal aids and get the benefits
under the schemes. He observed that non-compliance of legal
provisions by the employers adversely affects the interests of
workers.
Karnataka State Legal Services Authority (KSLSA) has been
providing free legal aid to all those who are in need. KSLSA has also
facilitated the registration of construction workers. He referred to
Public Interest Litigation filed by KSLSA and wherein directions
11
have been issued by the Hon’ble High Court from time to time to the
Department, which has enhanced the registration figures of the
construction workers drastically. Till date 8.6 lakh construction
workers are registered with the Board and 35 crores worth of
benefits disbursed to workers.
The Government has drafted umpteen numbers of legislations
to address the concern of unorganized workers but implementation
has always been a challenge. Labour jurisprudence in India has
started with broad conceptualization but has been narrowed
through its successive implementation. The presence of poverty,
lack of access to proper facilities and other hurdles have
deteriorated the life and living conditions of the workers and the
legal safeguards haven’t been as successful as it otherwise was
intended to be.
His Lordship concluded introductory address by stressing
that every work is an autograph of excellence of the worker who has
conceptualized it and set the desired tone for the workshop.
12
Sri. Justice Tirath. S. Thakur
Highlights of the Inaugural address of Sri Justice T. S. Thakur
Hon’ble Sri. Justice T.S Thakur greeted the fellow dignitaries
on the dais and recalled his experiences in High Court of
Karnataka. Further, His Lordship saluted those who have
contributed to Kannada literature.
Sri Justice Thakur remarked that just because one is poor
does not mean that he should be denied access to justice. The State
must facilitate him – that is the main job of the Legal Services
Authority – by supporting the litigant, getting him a lawyer,
providing him consultation etc. This is not a difficult task or a
formidable one. Different national and State bodies which have
Enrolled as a Pleader in October, 1972 and joined the Chamber of
his father Late Shri D.D. Thakur, a leading Advocate and later,
a Judge of High Court of J & K. He practiced in Civil, Criminal,
Constitutional, Taxation and Service matters in the High Court
of Jammu & Kashmir. Was designated as a Senior Advocate in
the year 1990. Was appointed as an Additional Judge of the
High Court of J & K on 16th February, 1994 and transferred as
Judge of the High Court of Karnataka in March, 1994. He was
appointed as a permanent Judge in September, 1995. Was
transferred as a Judge of the High Court of Delhi in July 2004.
Was appointed as Acting Chief Justice of Delhi High Court on
09.04.2008 and took over as Chief Justice of the High Court of
Punjab and Haryana on August 11, 2008. Elevated as Judge of
Supreme Court and assumed charge on 17.11.2009. Currently he
is also Executive Chairman, National Legal Services Authority.
13
been established under the provisions of Legal Service Authorities
Act , have this noble concern.
One of the jobs of the Legal Services Authority is to spread
awareness, educate the people about their rights – people must
know their rights and it is only then that this can be reinforced. The
Department of Labour has not been able to comprehensively meet
the mandate and it is evident from the fact that huge amounts of
welfare funds collected through cess has not been completely
utilized for the beneficiaries. This is a huge travesty of justice and
this needs immediate attention. And this is where the role of Legal
Services Authority gains acute importance.
14
The process of spreading awareness and literacy is a
formidable challenge due to the vastness of the country. More than
30-45% of people in India are below the poverty line – illiteracy and
poverty are two sides of the same coin and they comprise a very
large cross section of society, i.e., 40% of 125 crores. The challenge
is to make people aware of their rights. Once you have told them
what their rights are, you must ensure that they are duly enforced.
We can achieve this through awareness campaigns, but enforcing
the rights is a much bigger challenge.
Again, awareness only helps people demand justice, but it
does not guarantee them justice. Justice can only be granted when
the demands of justice are met. And both creating awareness of
rights and meeting those demands for justice are the real
challenges.
15
This workshop is designed to spread awareness and sensitize
officers who are supposed to implement these laws and schemes.
There is no dearth of laws in the country. The challenge lies in
enforcing them. The ground reality is that you have schemes that
do not reach the targeted people. Haryana has collected 500 crores
but only 2 crores have been spent. In Karnataka you have collected
3170 crores. It is not collected to be kept in a fixed deposit. The
Legal Services Authorities must sensitize the officers and those
working on the schemes to address the issue.
The Legal Services Authority should also provide a road map
to the officers working on the schemes in order to establish the
efficacy of benefit delivery. He mentioned that 46 crores of people
are in the unorganised sector and among them 14 crores are
women. The Labour Department in Karnataka is far ahead in
certain respects when compared to the rest of the country. Hence
the Karnataka experience can become a role model for the nation
for drafting a national scheme for unorganized workers.
His Lordship concluded Inaugural address by stressing for
more action from all the stakeholders and thanked the organizers
for inviting him.
16
Sri Justice V. Gopala Gowda
Enrolled as an Advocate on 14.11.1975.
Started independent practice from 1979 at Bangalore in the High Court, Labour Courts, Industrial Tribunals, Civil Courts and Criminal Courts and handled Constitutional matters, Writ Petitions and cases relating to labour, service, civil, co-operative society matters, land
reforms, criminal, matrimonial and all other civil matters. He was elevated as Additional Judge of Karnataka High Court on 11.06.1997 and became permanent Judge on 03.06.1999. Also functioned as Executive Chairman of Karnataka State Legal Services Authority
appointed by His Excellency the Governor of Karnataka with effect from 23.06.2006 to 23.03.2010 and also as a Member of the National Legal Services Authority, New Delhi from 07.01.2009 to 6.1.2011. Sworn in as Chief Justice of the Orissa High Court, Cuttack
on 25.03.2010. Elevated as a Judge of the Supreme Court of India on 24.12.2012.
Sri Justice V. Gopala Gowda in his address stressed about the
importance of the electronic media in disseminating the
deliberations of the workshop as it is vital for all sections of the
society to know the importance of the needs of the working class,
especially the marginalized unorganized sector. The needs of the
workers received a lot of attention in the writings of Lenin, he
remarked. This critical attention given to the needs of labour is
much called for and needed in this country.
17
After more than 6 decades of independence, has labour
jurisprudence safeguarded labour interests and to what extent has
it has been successful?, he asked the audience to introspect. The
contribution of the workers, especially the unorganized workers to
the GDP has to be made known to the workers in particular and
society in general. This will enable them to appreciate their
contribution to the GDP, he added.
Documentation of these proceedings need to be shared widely,
so as to ensure that the outcome of this workshop can be taken to
the unorganized sector and they be made aware of their rights and
what they deserve. The Labour Department needs to proactively
follow up every case of labour rights violation and take appropriate
action against the employer as mandated in the law.
18
The concerned Departments need to go to the rescue and
assistance of the routinely abused bonded labour in India. The
abused workers have no access to the social protection they need.
Their children don’t get adequate nutrition, don’t have access to
food and they do not have the requisite basic standards of living
that they deserve. It is time for proactive attention and action - to
operationalize the vision of the constitution of India. The framers of
the Constitution have not framed it for legal arguments but for the
benefit of those whose interests have been thought to be paramount
for society.
Safeguarding labours rights is no charity to the worker, but is
a constitutional obligation. For all the stakeholders of the industries
and production process, it is important to expect that the law is
followed and imposed as rigorously as is mandated by the
Constitution.
19
He concluded saying that Trade Unions need to endure all
hurdles and pains to safeguard, demand and exercise
comprehensively all the rights of all the workers.
Dr D. S Vishwanath, IAS
Dr D. S Vishwanath,
Commissioner of Labour
Dr D.S. Vishwanath ,IAS, Commissioner of Labour presented a
Bird’s Eye View of the Department of Labour.
The Department of labour has been functioning since 1941.
There are 26 Labour Laws enforced in the State of Karnataka
regarding wages, industrial relations, welfare etc. Karnataka
Building & Other Construction Workers’ Welfare Board and
Karnataka State Unorganized Workers’ Social Security Board have
been functioning under the relevant statutes and extending social
security and welfare benefits to the unorganized workers. Likewise,
Rashtriya Swasthya Bima Yojana takes care of health concerns of
these workers.
20
The unorganized workers are home based workers, self
employed workers and workers not covered under any of the Labour
Laws. Karnataka has identified 43 categories of unorganized
workers. 2.39 lakh of construction workers have been registered in
the year 2014-15. And the total cess collected is Rs.2800 crores.
Trilingual identity cards have been printed and distributed to the
registered workers. Digitization which has been visualized this year
will streamline registration, extension of benefits and monitoring.
Further, he stated that 584 legal awareness campaigns were held in
association with legal services institution in the State.
Besides the Department has rescued and rehabilitated more
than 1 lakh child labourers, he added.
21
Future course of action of the Labour Department
• uwin card for unorganized workers
• yuva yuga – targets youth
• e governance – digitization, extending Department services
online
• Aim to make Karnataka a child labour free state
• Establishment of National Construction Academy and Skill
Councils in the State
• Empowerment of 258 ITIs to provide skilled workers to
employers – designed to improve skills and livelihoods for
unorganised workers .
22
Sri Justice D.H. Waghela
Started his own practice and office in the year 1978 and practiced in the Labour and Industrial Courts and exclusively appeared for labour for many years. He was elected as Secretary of the Labour Court
Practitioners’ Association for several successive years and represented the Labour Bar of Saurashtra in the agitation for a High Court bench in Saurashtra. Thereafter, he practiced in the High Court and appeared in many cases for poor workmen without charging any fees and also represented several
government bodies and companies as well as the Gujarat Pollution Control Board. In the year 1999, he was called to the bench and assumed his office as Additional Judge of the High Court of Gujarat on 17th September, 1999. He learned the elements of judgeship and the art of writing judgments from his
great friend, philosopher and guide late Justice Shri R.K.Abichandani . His Lordship was elevated as the Chief Justice, High Court of Karnataka in March, 2013
Sri. Justice D.H. Waghela commenced his speech by thanking
his fellow dignitaries for accepting the invitation.
His lordship remarked that despite the fact that the
unorganized workers are the most neglected and are ‘left to fend for
themselves’. They contribute up to 60% to the economy he
remarked.
Realizing this fact, the Government woke up to the situation
and enacted the Building & Other Construction Workers' Act in the
year 1996, for the benefit of building and other construction
23
workers. But the Act came into force only ten years later in the State
of Karnataka.
Another new legislation was formulated in 2008 for other
sectors of unorganized workers, but has hardly been implemented.
This is where the Legal Services Authority has to step in.
There is hardly any effort to identify the construction workers
at work who are working literally under the sun to construct
swanky apartments for us – no one bothers to see if they have a
24
roof over their heads or if their families are protected or their
children going to school.
The response of the Government and the Welfare Board has
been very positive. It has been estimated that there are around 13
lakh construction workers in the State. In the year 2012 only
63,000 were registered as beneficiaries of the Board and out of
these only 5,000 got benefit. Within a span of 2 years, now the
figure has crossed 8.5 lakh. Builders Association and CREDAI have
also provided all necessary help to enable registration.
The Legal Services Authority has advised the Government and
the Welfare Board to make the welfare schemes more accessible to
25
the workers and their families. Incentives to families to send the
children to school – make the child not just learn but earn too. He
expressed his dissatisfaction saying that we have lost the sense of
appreciation and respect for genuine physical labour. “Please do
not treat unorganized labourers as beggars they will not come to
you begging for money, it is our duty to help them – it is their legal
right to get it – we are only the vehicles of delivery – we all have the
opportunity to make a difference to crores and crores of people” he
added.
They are citizens of this country with fundamental legal
rights but they do not know this. If we perform our roles, we will
alter the face of the society.
The Constitution of India is a national, legal document heavily
loaded with values. We are trying to reach those values. The
Constitution was supposed to bring about a peaceful and orderly
bloodless revolution in the country. Now the time has come to
translate the constitution’s values into reality.
The future of India depends on how we perform now, he
remarked.
26
Shri Ashok Nijagananavar, Member Secretary, Karnataka
State Legal Services Authority proposed the vote of thanks.
The inaugural Session concluded with National Anthem and the
distinguished dignitaries left the dais for technical sessions to commence.
27
Part – II
Technical Session- I
Subject: “Problems of Unorganized Workers and Facilities
at the Work Place” .
The panel for first technical session was as follows:
Shri Justice A.S. Bopanna Chairman
Judge, High Court of Karnataka
Prof. (Dr.)R. Venkat Rao., Panelist
Vice-Chancellor, NLSIU,
Dr. P.D. Shenoy, I.A.S, ( Retd), Panelist
Former Secretary GOI
Shri. V.J.K Nair Panelist
Trade Unionist
28
Dr. G. Manjunath, Joint Secretary of Karnataka Building & Other
Construction Workers’ Welfare Board, welcomed the Chairman and
Panelist and introduced them to the gathering. He also briefed about the
importance of the subject chosen for the session.
Justice A.S. Bopanna
Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna: Born on 20-05-1959.
Enrolled as an Advocate on 21-11-1984 and practiced Civil,
Constitutional, Company, Service and Labour matters in the High
Court as well as in the Civil and Labour Courts. Worked as Legal
Advisor to all Central Public Sector Undertakings and worked as Addl.
Central Govt. Standing Counsel from 1999 onwards till 2005.
Appointed as an Additional Judge of the High Court of Karnataka on
06-01-2006 and permanent judge on 01.03.2007.
29
Justice A. S. Bopanna chaired the session,congratulated the
Karnataka State Legal Services Authority and the Labour Department
for organizing a meaningful workshop and thanked for inviting him to
chair the session and to share his experience. He gave his
introductory remarks and emphasized on the problems faced by the
workers in the unorganized sector.
His Lordship expressed his concern and requested all the
panelists to come forward with workable solutions to address the
problems of the unorganized workers. He opened the session for the
presentations from the panelists.
30
Prof. R. Venkata Rao , Vice-Chancellor
Prof. Rao’s academic qualifications are B.A.(Hons.) Litt., M.A. (Litt), M.L. and Ph.D. He has served for 31 years in the Faculty of Law, Andhra University in various capacities as the Dean, Faculty of Law, Principal, University College of Law, Chairman, Board of Studies in Law and Head of the Department of Law. He was the Director of Centre of Criminal Justice Andhra University from 1997-2009. He served as the Dean of Student’s Affairs, Andhra University and as the Officer on Special Duty, Andhra University. He also served as the Member of Executive Council of Andhra University from 2005 to 2007. Prof.(Dr.) R. Venkata Rao, is the Vice Chancellor of the National Law School of India University Bangalore.. After the completion of his 1stterm on 10th May 2014, his appointment as Vice Chancellor has been renewed for another five years from 11th May 2014.
The text of the presentation of Prof. R. Venkat Rao is as under:
“Labour laws in India are a portrayal of the labour related views held
dear by the nationalist leaders of our freedom struggle as also of the
constitutional debates that reflected the philosophies of our national leaders”
1. While we come from a historical, economic and political background
which emphasizes on the nation’s workforce and their treatment, our
statutory framework has never been in sync with this background.
Unorganized workers comprise an astonishing more than 90% of the
country’s work force. Almost all of farm labourers (99.6%) and 4/5ths
of non-farm workers are unorganized labourers. Equally as astonishing
31
is the fact that there is no comprehensive legislation dealing with the
unorganized sector. While the DPSPs enshrined in the Constitution of
India promised everyone the right to an adequate means of livelihood,
living wages, a decent standard of life and sought to prevent the
concentration of wealth, it is true that no step towards their realization
has been taken by the legislature when it came to workers in the
unorganized sectors. At least, no attempt has even been initiated until
2008.
2. In its Common Minimum Programme announced in May 2004, the UPA
assured that it would ensure "comprehensive protective legislation" for
agricultural workers and workers in the unorganized sector. There have
been several drafts of the proposed legislation, including one
formulated by the Arjun Sengupta Committee. They proposed the
setting up of tripartite boards with representation of workers,
employers and the government that will register the workers, regulate
their working conditions and implement social security welfare
schemes. Several campaigns, nationally and locally, and struggles
launched by the workers themselves have attempted to ensure that the
legislation is implemented. With the hope that it is soon implemented
after remedying the evident lacunae within the bill, it is necessary to
point out that the proposed draft bill has several problems including:
32
A. It lumps together the agricultural sector and the rest of the
unorganized sector, when the CMP itself makes a commitment for
separate laws.
B. It makes absolutely no mention of the regulation of service
conditions, which is the most crucial aspect of the legislation. On welfare
aspects, it contains only pious declarations with no specific schemes.
C. It introduces the concept of a Worker Facilitation Centre to be run by
"NGOs", thereby negating the important role played by trade unions in
articulating and taking up the demands of this poorest section of
workers.
D. It makes absolutely no mention of the government's budgetary
commitment to the process of providing social security.
3. For a developing country like India whose future hinges on its demographic
dividend and its workforce, it is impossible to ignore the developmental
needs of a huge group such as unorganized workers. It is necessary to focus
on inclusive development for unorganized workers to reach optimal
productivity levels. As welfare states across the globe came to terms with
the rights of workers, they undertook efforts that the management does
not abuse extant provisions of various laws in denying various rights to the
work-force. Within the organized sector, powerful trade unions in India
exercise a significant amount of bargaining power. However, the nature of
33
an unorganized labourer’s work profile (especially, migrant and periodic
nature of work) is such that they lack the ability to specifically unite at the
local level for common causes. Hence, they lack collective bargaining
power. While the population boon ensures that there is no scarcity of
labour in India, it is necessary for the government to infuse a human rights
angle when dealing with unorganized workers and recognize the provision
of several benefits (illustratively, basic education, health, skill training) as
irreducible core guarantees to unorganized workers as well.
4. In the Bandhua Mukti Morcha litigation, the SC appointed Commissioner
(Mahaveer Jain) to enquire about the implementation of the 21 Directives
to State and Central Governments, issued by the SC vide order dated 16th
December 1983, was shocked about the state of absolute lawlessness in
mines and quarries when it came to treatment of unorganized labourers.
In his book (Bonded Labour- Justice through Judiciary), he details how
musclemen of mine owners control all aspects of the laborer’s lives and
how the rule of law was non-existent where it was needed the most.
5. This is merely indicative and we see everyday instances of unorganized
workforce being exploited- from maids in households to child labour. This
is unacceptable for a country with our past and foundational constitutional
premises that emphasize on labour welfare. The need of the hour is a
suitably comprehensive legislation that balances the imperatives of human
34
rights with the needs of globalization for a majority of India’s workforce.
Horizontal application (i.e. involving the private parties (such as
employers) apart from the State in providing benefits and ensuring rights
to workers) has since long been a hallmark of labour laws in India and it is
absolutely necessary for it to be a critical characteristic of any law
governing unorganized workers in India as well. A comprehensive
legislation, with clarity of purpose and text, will serve the dual reasons of
protecting the unorganized workforce, and integrating them into the
economy and its benefits.
Dr. P.D. Shenoy, I.A.S.,(Retd.)
A linguist, an economist and a scholar of repute, A prolific writer
on varied aspects of public administration, Dr. Shenoy is widely
acclaimed as a turnaround specialist and an expert in human
resource development, Consumer Welfare and Industrial
Relations.
An I. A. S. Officer of 1967 Karnataka cadre, he has had the
distinction of holding important positions in Karnataka
Government and Government of India. He had successful tenures
as District Collector of two Districts and as the CEO of two State
level Co-operative Banks. As CEO of Karnataka State Road
Transport Corporation with a fleet of 10,400 buses and 70,000
employees, the perennially loss making corporation was turned
around. As Labour Commissioner, Labour Secretary, Karnataka
and as Chief Labour Commissioner and Labour Secretary GOI, he
successfully conciliated and settled several industrial disputes
and averted a record number of major strikes including nation-
wide strike of 6 lakh coal workers which saved 42 lakh man days
and Rs. 485 crores.
35
He expressed that the living conditions of unorganized workers is
pathetic and it is the duty of the Labour Inspectorate to educate them, the
workers wherever feasible and create awareness amongst them about the
welfare benefits provided by the Boards. Better administration is possible
only when the directions issued by various Courts are complied by the
officers. He also asked the Boards to reduce their administrative costs and
progress towards effective implementation of the schemes.
Sri. V.J.K.Nair, Trade Unionist
Sri. V.J.K.Nair is presently holding the position of President of Karnataka State Committee of CITU from 2010 onwards. He had been the State General Secretary of CITU from 1989 to 2010 and earlier was once of the State Secretary of CITU from 1978 to 1989. He was originally from AITUC being a leader of one of the PSU unions namely Bharath Electronics Employees union from 1958 to 1970. He along with late S. Suryanarayana Rao were leading most of the organised industries in the State. He was associated with Karnataka State Contract Labour Abolition Board from 1982 to 2012. He was a leading member of State Minimum Wage Advisory Board.
The presentation of Sri. V.J.K.Nair in brief is as follows:
Facilitating the requirements of unorganized workers is a challenging
task. Identifying work place for construction workers may not be a problem.
But in many other employments, out of the forty plus identified in our State, it
is a serious challenge.
In such cases, in localities where various categories of unorganized
workers work/reside can be identified and common facilities created.
36
Wherever women are employed, CRECHE facilities must be created, in
accordance with the norms defined by the Factories Act. Workers also require
toilet facilities.
Canteens and restrooms must be provided in work places where
considerable number of workers is working. There shall be facilities for first
aid, ambulance and clinical facilities, especially at construction sites.
Common facilities can be created by various welfare organizations in
localities with tripartite committees to administer all these facilities.
Wherever the question of unorganized workers arises, local self-governments
like gram panchayats and municipal bodies must be made responsible to
maintain register of unorganized workers in their respective areas and
compelled to issue identity cards and monitor / facilitate health/welfare
requirements. Summing up, he emphasized that unorganized workers must be
provided with adequate service conditions, working conditions and living
conditions.
Conclusion:
Sri Justice A.S. Bopanna concluded the Technical Session and
expressed his solidarity with other panelists of the session. He said that
there are a plethora of Acts and Rules, but their effective implementation
has not been possible. This is a matter of great concern. The unorganized
workers are suffering due to the lack of unionization and collective
bargaining power and it is our duty to educate and enlighten them about
their rights, he added.
37
Part – II
Technical Session- II
Subject: “Challenges and Enforcement of Social Security Welfare
Schemes for Unorganized Workers ”.
The panel for second technical session was as follows:
Shri Justice L . Narayana Swamy Chairman
Judge, High Court of Karnataka
Chairman, HCLSC
Dr. Narayana, Panelist
Director , ISEC ,
Dr. Narayana Chetty, Panelist
Director, Dr. Alampalli Venkataram
Chair on Labour Research
Dr. Shripad S.B. Panelist
Deputy Labour Commissioner,
Region II, Bengaluru
38
Justice L Narayana Swamy
Born on 01-07-1959. Enrolled as an Advocate during the year
1987 and practised in the High Court on Writ Petitions, Service
Matters, Land Reforms, Land Revenue and PIL. Worked as High
Court Govt. Pleader from 1995 to 1999. Appointed as an
Additional Judge of the High Court of Karnataka on 04-07-2007
and permanent Judge on 18-04-2009.
Shri Justice L. Narayana Swamy, Chairman for the session
introduced the panelists and welcomed Dr.Narayana, Director ,
39
ISEC , Dr. Narayana Chetty, Director, Dr.Alampalli Venkataram
Chair on Labour Research and Dr. Shripad S.B. Deputy Labour
Commissioner, Region II, Bangalore and gave his introductory
remarks and opened the session for the comments from the
panelists.
Dr. M. R. Narayana
Dr. M.R. Narayana is the Director In-Charge of Institute for Social and Economic Change, Bangalore. He is the Professor of Economics, Centre for Economic Studies and Policy, Institute for Social & Economic Change, Nagarabhavi P.O., and Bangalore . He has done M.A. (Economics) with a First Class and First Rank from the University of Mysore in 1977. Recipient of Sir Hugh Daly Memorial Gold Medal, Sir M. Kantaraj Urs Gold Medal and N.S. Subba Rao Cash Prize of the University of Mysore for obtaining the highest marks among the candidates at the M.A. degree examination in 1977.he also has a Diploma in Japanese Language and Culture, Osaka University of Foreign Studies (Japan): 1982 and a Ph.D in Economics from University of Tsukuba (Japan) in 1988
40
The text of the presentation of Dr. Narayana is as follows.
Traditionally, economic dependency of India’s elderly had been
largely supported by family members (e.g. son, daughter and
spouse) and partially by own asset incomes and savings. This is
evident by the living arrangements of elderly persons, for instance,
in UNFPA (2012). Nevertheless, a decline in family support to
elderly is recognized by the introduction of Maintenance and
Welfare of Parents and Senior Citizens Act, 2007. Every senior
citizen (aged 60+)/parent/grandparent, who is unable to maintain
himself/herself from his/her own income, can claim maintenance
from his children through the Maintenance Tribunals up to
INR10000 per month. In addition, abandonment of a senior citizen
is punishable with imprisonment up to 3 months or fine up to
INR5000 or both. At the same time, there has been a growing
demand for old age pension as a form of public old age support
system to provide elderly population with income and consumption
security. From this viewpoint, old age pension is an important
social security for individuals in India including unorganized
workers.
India’s public support or expenditure on old age pensions is of
two types: (a) pension and retirement benefits to government
employees and for workers in other organized sectors and (b) old
age pension for civilians under the Indira Gandhi National Old Age
Pension Scheme (IGNOAPS). At present, elderly individuals aged 60
and above are eligible for the IGNOAPS. The extent of benefit per
month per elderly individual is INR200 for those in the age group of
41
60-79 years and INR500 for those at age 80 years and above. The
IGNOAPS is applicable to all eligible elderly persons including
unorganized workers.
However, public debates on the needs and amount of civilian
old age pension are not new in India. Way back in 2005, the
National Commission for Enterprises in the Unorganized Sector
(NCEUS) had recommended for the monthly old age pension of
INR200 per month to all poor (or Below the Poverty Line families)
unorganized workers aged 60 years and above. The Planning
Commission’s Report of the Working Group on Social Security for
Twelfth Five Year Plan 2012-2017 has reiterated, among others, the
need for old age income security as one of the elements of social
security arrangement for India’s unorganized workers, now
accounting for 94 percent of India’s total labour force (about 488
million). Most recently, the Pension Parishad, a non-governmental
initiative to ensure universal, publicly funded, non-means related
and non-contributory pension called for a uniform amount of
INR2000 per person per month to all eligible citizens in the
pensionable ages: 55 years for men; 50 years for women; and 45
years for highly vulnerable groups (such as, tribal groups,
transgender, women compelled to become sex workers, and persons
with disabilities). About 100 million people are expected
beneficiaries of this proposed scheme. The number of beneficiaries
is reduced to 80 million, if the income-tax payers are excluded and
the benefit is extended to all at 60+. 1 Apparently, other things
being equal, cost of the proposed pension scheme by the Pension
42
Parishad is ten times bigger than by the NCEUS. However, policy
makers are not sure of the current and long term fiscal implications
of the above pension proposals. If quantified, such implications
may be of current policy use and public importance. These issues
are analyzed by Narayana (2015).
Two policy measures of the Government of Karnataka for
providing elderly unorganized workers with a social income security
in the form of old age pension are as follows. First, National Pension
Scheme (NPS) Lite Swavalamban Pension Scheme, implemented
through the PFRDA as per the provisions in the Unorganized
Workers Social Security (Karnataka Rules), 2009. Second, Pension
for construction workers by the Karnataka Building & Other
Construction Workers’ Welfare Board (established in January
2007). The proposed amount of pension is Rs.1000 per month per
beneficiary to be funded by generating resources as per the
provisions of the Karnataka Building & Other Construction Workers
Welfare Cess Act 1996. This pension scheme for construction
workers is yet to be implemented.
The focus of this paper/presentation is to highlight the socio-
economic dimensions of old age pension for unorganized workers
with special reference to construction workers in Karnataka. The
key policy issues to be analyzed are (a) public financing by general
taxation of old age pension and its sustainability in the long run,
(b) sector-specific financing of old age pension by non-taxation (e.g.
cess) and its sustainability in long run, (c) socio-economic
inclusiveness and impacts of old age pensions. These analyses are
43
expected to generate policy implications for design and
implementation of old age pension policy for unorganized workers in
general, and for construction workers in particular, for
consideration for Government of Karnataka.
Dr. Narayana Chetty
Dr. Narayana Chetty is Professor of Sociology , Bangalore University .
His Specializations are Sociology of Trade Unions & Industrial
Relations, Sociological Theory and Environmental Sociology. He has
many research publications and books to his credit. He is also the
Director, Dr.Alampalli Venkataram Chair on Labour Research.
The text of the presentation of Dr. Narayana Chetty is provided
as under.
Social mobilization of social groups be it caste, community,
occupational and professional for protecting and promoting their
respective interests and aspirations has been the most visible
aspect of the process of modernization in Indian society. This is the
age of high pressure politics in which one who shouts most is heard
most. Historically, working class has been the extensively and
intensively organized social group. So much so, what workers have
hitherto achieved in terms of only material benefits but also political
rights and work rights could be attributed to the power that trade
unions exercised on the State. Karl Max gave Clarian call “workers
of the world unite you have nothing but chains to lose” is still
highly relevant particularly in the context of globalization.
44
Globalization has adversely affected labour and labour
movements. A peculiar situation has emerged in Indian situation
that is only 10 percent of the total labour force constitutes the
organized labour what is often euphemistically called the ‘affluent
working class’ while the remaining ninety percent is the
unorganized labour. Notwithstanding the reservations and
misgivings surrounding this conceptual dichotomy the latter
contributes almost seventy percent of the Gross Domestic Product
(GDP). Yet the unorganized labour, which is also highly
disorganized gets no protection of law, no support from the main-
stream trade unions. As a result, they have become increasingly
vulnerable to exploitation, discrimination and violation of their
human rights and work rights not only in work- situations but also
outside the place of work. Faced with cut-throat competition
employers have taken recourse to a wide- range of cost-cutting
measures like contractualization, casualization feminization and
marginalization of labour apart from downsizing of the industrial
and business units. The net result is that the size of the organized
labour-the major strength of the trade unions has declined steadily
while the size of the unorganized has increased tremendously. The
governments, over the years, responded to the plight of this labour
by means of putting in place a plethora of limited reforms and
limited relief measures. Even this, our experience shows, remains
implemented only ineffectively. This is the crux of the problems of
labour in general and the unorganized labour in particular. The
apathy of the local officials who are entrusted with the task of
45
implementation added to the miseries and suffering of the
unorganized labour.
Major chunk of the unorganized labour is women and
children. Female workers constitute 96 (ninety six) percent of the
total unorganized work force. These women hardly get any
opportunity for acquiring requisite skills and training, which could
enable them to seek better jobs in the organized sector. Moreover,
women are expected to bear the brunt of the domestic work in their
family. With weak bargaining power, these women are at the mercy
of the employers. With low literacy and poverty-stricken as they are
they end up working in poor quality jobs with low wages and no
welfare measures whatsoever. In this kind of situation
Introducing a wide-range of social security measures is only a
necessary condition but not sufficient condition as for as the
amelioration of the working and living conditions of these workers.
PRIMARY DATA: GROUND REALITY
Some primary data has been collected by two sample surveys
conducted by me in the capacity of Director of Alampalli
Venkataram Chair on Labour Research a Karnataka Government
initiative, on 2000(two thousand) sample of garment workers in
Bangalore city (2012-13) and a sample of 1000 (one thousand)
domestic workers in Bangalore city (2013-14). The survey of
domestic workers revealed that 67 percent of the husbands of the
sample women domestic workers are high-risk alcoholics. These
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women workers work in two to three households per day and earn
an average of rupees four to five thousand per month in Bangalore
city. This income is hardly sufficient to provide minimum food to
children and sick husband let alone nutritious food, quality
education and high rent she has to pay.
Sample survey conducted on a sample of garment workers has
revealed that an over whelming majority of garment women workers
are not aware of the minimum wages and the facilities available
under the Provident Funds Schemes and Employees State
Insurance Schemes. Compliance level of the government schemes
meant for these workers is far from satisfactory, the survey
revealed.
GIVEN THIS GRIM PICTURE
Where do we go from here? This is the challenge.
1. The first and the foremost thing needs to be done is to revisit
the whole-gamut of labour laws, given the British colonial
character of the most of the existing labour laws. This acquires
a special urgency and significance. Social composition of the
labour force underwent a sea change. There is a vast mass of
unorganized labour on the one hand and a sizable number of
what is known as ‘knowledge workers’:- the educated
technically qualified middle class workers in the IT ,BPO, KPO
industry on the other. Labour laws need to be re-examined
keeping in mind this changed context.
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2. Indian trade unions have to come out of their comfort-zone-
the organised working class. They need to reorganize
themselves including a serious rethinking on their ideological
luggage to make themselves relevant to the present-day
situations. They have to embark upon in a big way to trans-
form the unorganized into the organized labour. Sooner the
unions accept this challenge the better is their future and the
future of the working class.
3. There is a need to organize orientation programmes in the
universities and research institutes to provide an opportunity
to both the local officials and local union leaders to update
their knowledge of the labour laws and government schemes.
These training programmes are necessary to sensitize them to
the plight of workers. Lack of sensitivity of all concerned is the
cause of the suffering of the workers.
There is also a need to explore the possibilities to provide some
opportunity for women in the unorganized sector to acquire new
skills and knowledge so that they can get better job opportunities
and/or increase their bargaining power to demand better wages and
welfare services. The government may bear the cost of education
and training that may be needed.
48
Dr. Shripad .S.B.,
Dr. Shripad .S.B.,
Deputy Labour Commissioner,
Bengaluru Region -2,
Department of Labour, Bengaluru.
Dr. Shripad S.B. at the outset explained the meaning and
importance of social security with illustrations. The major
challenges according to him for ensuring social security were huge
population, lack of resources, poverty, illiteracy, ignorance, lack of
awareness and lack of foolproof system in our country.
He suggested that for India we need to develop a unique and
indigenous system of social security. The population of the country
is both an asset and liability; however, how the country invests in
human development is the determinant factor. He said ‘education is
an infinite treasure, which needs to be utilised to educate and
create an enlightened society. Instead of giving fish to the hungry, it
isi better to teach fishing skill and make the person self – reliant is
the need of the hour.
The main challenge before us is facilitating social security
measures to the unorganized sectors as we have vast population
and limited resources. By teaching skills to the people and by
creating entrepreneurial environment, we can drastically reduce the
pressure on public exchequer. Every human being must be
transformed into national wealth through training and education
49
and this would be the most perennial and endless form of social
security, which suits our nation.
He said, most of India’s labour force is unorganized and they
dwell in rural India and urban slums. Therefore, making social
security accessible to them is a major challenge for government
machinery. He explained the “Lijjat Pappad” and the “SEWA”
success stories, as an example in which female workers have
gainfully used their unorganized structure to reap financial and
social benefits.
He further said that, if our country needs to be transformed as
a ‘global super power’ the only route available is investing in the
fuller growth and development of every citizen. He made it clear that
fully developed individuals are capable of taking care of themselves,
many a times do not need social security and they together form a
fully developed India. Social Security according to him, is an
instrument for the all round development of the individual and
thereby forming a socialistic pattern of society, which is the
ultimate goal of the Constitution of India.
Conclusion:
Justice L Narayana Swamy while summing up the Technical
Session remarked that it becomes important to deliberate on how
we could bring a body of unorganized workers within the
framework of legislation. Further, he also mentioned that our
country is developing and ranked 10th among industrially developed
countries in the world. However, the larger question is whether
50
there is a growth and how successful we are in enabling such a
growth.
The perils that unorganized workers face in terms of finances,
social life, health etc are not restricted to one generation but even
the generations to come are prone to its threats, making this a
vicious cycle if not adequately curbed.
There is also a peculiar sort of dualism that is seen when it
comes to the manner in which government official function while
providing compensation and other benefits to the workers of the
unorganized sectors. They seem frugal in disbursement of benefits
despite their own secured financial status. This is the gravest
challenge in providing social security to the unorganized sector.
After the technical sessions, an interaction session was
arranged and the representatives of the identified unorganized
workers were allowed to to speak for themselves and give insights of
their aspirations and requirements. Accordingly, the following
unorganized workers express their views.
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THE VOICES FROM THE UNORGANIZED SECTOR
Sri Jayaram -auto driver’s union
I wish to have ESI benefits and free education for my children. The RTO
has been very unhelpful. Although auto drivers do not have any formal
education, we do preserve Indian culture and the dignity of Indian women. I
also appeal to have lower interest loans to be provided to auto drivers, as the
private loan sharks are exploitative.
52
Sri Jayaram - state construction workers central union
‘To quote from my personal experience as a construction worker, I have
been a victim of onsite mishap where I sustained fracture of my collarbone
due to a fall. According to the medical aid provided by legislations, the board
provides rupees 400 to rupees 6000 when a worker is admitted in a hospital
for 4-40 days. I was in the hospital for only a few hours but the money spent
drained us economically. Such technicalities have hindered the realization of
claims especially because we lack literacy and make errors in filling up
government forms. I urge the concerned dignitaries to take necessary steps to
make these regulations more flexible and friendlier’.
Sri. Puttaswamy -Tailor’s association
It has become problematic to educate our children due to increasing
expenses .We suffer from piles and back problems due to long hours of sitting.
We must receive all the benefits that the organized sectors receive. Women
have been gainfully employed in the tailoring business and I therefore request
the government to assistance these women in terms of financial benefits
pertaining to marriage, health, education etc.
Smt. Padma - domestic worker
We fall ill working long hours and also working with water, we need
medical aid. Our children need to be educated. We are verbally abused. We
cannot work after a point of time due to old age and need pension. When we
cannot work our employers ask us to send our children, who are still
53
studying. We have been protesting for a long time now but have received no
due help.
CONCLUDING REMARKS
Dr .D.S .Vishwanath , IAS., Commissioner of Labour , in his concluding
remarks emphasized that programmes and schemes must be delivered to the
deserving and the needy and not be misused. The unorganized sector falls under
one of the priority sectors as it comprises of a large class of society and therefore
banks must make it a point to ease their lending policy towards this sector. He
stressed that we must endeavour to bring the unorganized sector under the
national medical insurance scheme. Unorganized workers must be provided with
an identification card, the government is already working on a software that
would enable portability of the facilities and such a card would promise social
security to these workers.
The inaugural programme, Technical Sessions I & II, the Voices of the
Unorganized Workers and also the informal exchange of views and ideas during
the workshop provided the much needed information to proceed further in this
most important constitutional, fundamental and human rights issues of
54
providing universal social security systems to the needy workers. The workshop
was able to achieve its objective set out in the concept note, which was
circulated, to all the speakers. The Concept note is attached as Annexure-4.
55
Part- III Annexure-1
Unorganised Workers: Their Aspirations Management, Future and Law Inaugural Programme:
Minute to Minute Programme S.No. Time Details of the programme Name of the Dignitary
I hereby declare that the above information is true and correct to the best of my knowledge and belief. ¸ÀܼÀ/Place: ¢£ÁAPÀ/Date: CfðzÁgÀ£À ¸À»/JqÀ ºÉ¨ÉâgÀ½£À UÀÄgÀÄvÀÄ Signature/Left Hand Thumb Impression of the Applicant
Beneficiary Registration Officer: (PÁ«ÄðPÀ C¢üPÁj/»jAiÀÄ PÁ«ÄðPÀ ¤jÃPÀëPÀgÀÄ/PÁ«ÄðPÀ ¤jÃPÀëPÀgÀÄ) ( Labour Officer/Senior Labour Inspector/ Labour Inspector)
I hereby declare that the above information is true and correct to the best of my knowledge and belief. ¸ÀܼÀ/Place: ¢£ÁAPÀ/Date: CfðzÁgÀ£À ¸À»/JqÀ ºÉ¨ÉâgÀ½£À UÀÄgÀÄvÀÄ Signature/Left Hand Thumb Impression of the Applicant
Beneficiary Registration Officer: (PÁ«ÄðPÀ C¢üPÁj/»jAiÀÄ PÁ«ÄðPÀ ¤jÃPÀëPÀgÀÄ/PÁ«ÄðPÀ ¤jÃPÀëPÀgÀÄ) ( Labour Officer/Senior Labour Inspector/ Labour Inspector)