Legal battles and problems in India.

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Legal battles and problems in India.

• Jadish Patel,
• Peoples Training and Research Centre,
• India

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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.

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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

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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.

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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

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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

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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.

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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.

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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.

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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

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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.

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Thank You