Industry alleges flouting of Labour Act by UP Govt; Astt Labour Commissioners appointed as Commissioners
Updated: Sep 18, 2015 04:24:08pm
Lucknow, Sept 18 (KNN) The MSME entrepreneurs have expressed concerns over the appointment of Assistant Labour Commissioners as the Employees’ Compensation Commissioners by the UP government in gross violation of Employees’ Compensation Act, fearing that their issues might not get addressed efficiently.
Workmen's Compensation Act 1923 is central legislation which provides for payment of compensation for injuries suffered by a workman in the course of and arising out of his employment according to the nature of injuries suffered and disability incurred, where death results from the injury, the amount of compensation is payable to the dependents of the workmen
Each district is headed by a Joint/Deputy Labour Commissioner who is assisted by Assistant Labour Commissioners and Labour Officers.
The Workmen’s Compensation Act 1923 was amended and renamed as the Employees’ Compensation Act 1923. The one major amendment, which was done was in section 20 of the Act provides for the appointment of Employees’ Compensation Commissioners. The qualifications of the Commissioners have been incorporated.
“Now, a person who is or has been a member of a State Judicial Service for a period of not less than five years or is or has been for not less than five years an Advocate or a pleader or is or has been a Gazetted officer for not less than five years having educational qualifications and experience in personnel management, human resource development and industrial relations can be appointed as a Commissioner for Employees’ Compensation,” said an MSME entrepreneur.
The UP government’s decision highlights how the state has totally ignored the educational qualifications by appointing Assistant Labour Commissioners who are either directly appointed or promoted from the directly appointed Labour Enforcement Officers and who have completed five years’ service on the post of Assistant Labour Commissioner, as the Employees’ Compensation Commissioners vide notification No. 2007/xxxvi-3-2010 dated 111/11/2010. There is no mention of educational qualifications.
A bulk of claims under the Employees’ Compensation Act are filed and contested before the Assistant Labour Commissioners/Deputy Labour Commissioner, who are, in fact, not qualified as per the amended Act to hold the post.
The powers to take crucial decisions regarding the compensation to the workmen, calls for an systematic procedure for appointment of the Employees’ Compensation Commissioners. The industry has urged the UP Government to re-consider its decision and follow the protocols for appointments for such crucial posts. (KNN Bureau)
Workmen's Compensation Act 1923 is central legislation which provides for payment of compensation for injuries suffered by a workman in the course of and arising out of his employment according to the nature of injuries suffered and disability incurred, where death results from the injury, the amount of compensation is payable to the dependents of the workmen
Each district is headed by a Joint/Deputy Labour Commissioner who is assisted by Assistant Labour Commissioners and Labour Officers.
The Workmen’s Compensation Act 1923 was amended and renamed as the Employees’ Compensation Act 1923. The one major amendment, which was done was in section 20 of the Act provides for the appointment of Employees’ Compensation Commissioners. The qualifications of the Commissioners have been incorporated.
“Now, a person who is or has been a member of a State Judicial Service for a period of not less than five years or is or has been for not less than five years an Advocate or a pleader or is or has been a Gazetted officer for not less than five years having educational qualifications and experience in personnel management, human resource development and industrial relations can be appointed as a Commissioner for Employees’ Compensation,” said an MSME entrepreneur.
The UP government’s decision highlights how the state has totally ignored the educational qualifications by appointing Assistant Labour Commissioners who are either directly appointed or promoted from the directly appointed Labour Enforcement Officers and who have completed five years’ service on the post of Assistant Labour Commissioner, as the Employees’ Compensation Commissioners vide notification No. 2007/xxxvi-3-2010 dated 111/11/2010. There is no mention of educational qualifications.
A bulk of claims under the Employees’ Compensation Act are filed and contested before the Assistant Labour Commissioners/Deputy Labour Commissioner, who are, in fact, not qualified as per the amended Act to hold the post.
The powers to take crucial decisions regarding the compensation to the workmen, calls for an systematic procedure for appointment of the Employees’ Compensation Commissioners. The industry has urged the UP Government to re-consider its decision and follow the protocols for appointments for such crucial posts. (KNN Bureau)
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