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Legal battles and problems in India.

Legal battles and problems in India. Jadish Patel, Peoples Training and Research Centre, India. COMPENSATION.

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Legal battles and problems in India.

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  1. Legal battles and problems in India. Jadish Patel, Peoples Training and Research Centre, India

  2. COMPENSATION A WORKER GOT BURNT IN A CHEMICAL FACTORY IN ACCIDENT 13 YEARS AGO. HE WAS GIVEN TREATMENT BY THE MANAGEMENT N PRIVATE NURSING HOME AND SPENT LARGE AMOUNT.HE IS IN SAME EMPLOYMENT.HE IS COVERED INSURED PERSON UNDER EI ACT BUT NO COMPENSATION HAS BEEN PAID AS EMPLOYER HAS NOT SENT THE INTIMATION OF ACCIDENT. NOW WORKER WANTS TO CLAIMBUT HAS NO EVIDENCE THAT THE INCIDENT OCCURRED AT WORK. WE ARE WORKING ONTHIS CASE.

  3. COMPENSATION • MOHANSINH GOVINDSINH is a textile worker working in carding room which is very dusty. He is exposed to cotton dust since 13 years. He is diagnosed to be suffering from Byssinosis. Employer has filled up the declaration form. But the concerned officer has decided that the claimant does not full fill the required contributory conditions. Hence the case is not sent to the Medical Board. We have now sought information under Right to Information act about the contributory conditions

  4. COMPENSATION • Vasudev Sharma was working as a contract labor. Contractor was working for Electricity plant in Ahemedabad. Workers duty included reading electric meters of the clients. When he was returning from duty on 22-03-04, he met with road accident injuring his right leg. He was insured person covered by ESI Act. His employer was playing with the attendance records so as to pay less amt of insurance contribution. Since the worker does not full fill the contributory conditions he is deprived of various benefits under law like sickness benefit, disablement benefit etc. Now he is out of employment, disabled and without any compensation. He has no money for litigation.

  5. COMPENSATION He is Ramuda Bhikhla a 35 yr old tribal. He worked for 12 months in stone crushing unit but has no employment records. He is suffering from Silicosis but does not have official diagnosis. He is bed ridden now and has no source of income, has 7 children. How can he claim compensation without necessary papers, diagnosis, money and energy to run around. There is no electricity connection in his house

  6. COMPENSATION She is Kamila (Extreme left, sitting). She did not know she is covered insured person under ESI Act until we told her. She is confirmed case of Silicosis by NIOH. Recently, she has applied for compensation. Her case may not be considered under the guise: when diagnosed, you were not in employment

  7. COMPENSATION • Even if workers suffering from Silicosis, covered by the ESI Act have all the evidence and have to go to the ESI Court, the court is situated far away in Baroda which is more than 4 hour journey by road. In nearby vicinity there is no court. Sick and penniless workers can not go up to Baroda to file claims and follow up. • For migrant workers it is very difficult to file claim under Workmen Compensation Act, if they are not settled in that place.

  8. URBAN WORKERS We have set of workers suffering from chromium toxicity, having nasal septum perforations. The Medical Board decided 0% disability. They have challenged the decision of the Board in Medical Appeal Tribunal in year 2001. The tribunal panel is constituted but one of the members does not attend the Tribunal since long. Hence there are no sittings of the Tribunal.2 workers have died meanwhile.

  9. COMPENSATION On 21-09-06 the ESI Court passed an order in four different applications. The Court ordered ESIC to send all of them to the Medical Board to decide the disability within one month. Two of them were sent to the Board on 9-08-07, almost after 9 months of the order after our intervention. One of them awarded only 1% disability for NIHL Remaining 2 have still not been sent despite Court order. Now we are filing contempt order.

  10. VIOLATIONS • Factories Inspectorate filed complaints against two stone crushing units for violating law (high silica dust). The Court passed order punishing both for 2 yr jail term and fine of Rs.5,000/- on 29-09-05. Still today they have evaded jail term. • Several criminal complaints have been filed against chromium factory by Factory Inspectorate for violating provisions of factory Act in 1998. Still, there is no verdict

  11. SUMMARY • Sufferers do not of their rights. • ESI and other Govt medical officers do not make diagnosis. • Social Security organization has millions of rupees gathered from workers and employers as premium but is anti-people. Implementation of the Act is very poor. • Victims do not have adequate financial support to file claims. • Legal machinery is weak. Lot of delay in processing claims and hearings. • Few social organizations to help out the victims.

  12. Thank You

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