Chief Justice credits workforce for enhanced productivity, economic growth

Advocates judicious, judicial approach for addressing issues of unorganized manpower

JAMMU, NOVEMBER, 22: Terming labour as primary and capital and entrepreneur as secondary factors in a nation’s economy, Chief Justice, Jammu and Kashmir High Court, Justice Badar Durrez Ahmed today advocated for judicious and judicial approach for addressing the issues of unorganized manpower.

He also emphasized on bringing about an attitudinal change in the society towards this most essential component of the modern economic system.

Chief Justice was addressing the Assistant Labour Commissioners, Labour Officers and Labour Inspectors of Jammu Division, after inaugurating the 2^nd Phase of 5 day training programme on Labour Laws and firsthand knowledge about court proceeding, quasi-judicial proceeding and conduct of the officer in discharge of their judicial/quasi-judicial functions. The training course has been organised by State Judicial Academy from 22^nd of November to 26^th of November, 2017.

“The dignity and modesty associated with labour community has to be inculcated in our thinking and value system asserted” the Chief Justice said while advocating implementation of labour laws in letter and spirit”.

Describing issues of unorganized labourers as a matter of big concern requiring collective attention, the Chief Justice said “We need to introspect and ponder upon the fact that human survival is possible only because of hard labour put into by these workers.”

 “Let’s bring up a generation where a man doing hard physical work is equally respected as a man, solving a differential equation”, he maintained. He added that a Labourer must get as much as he is putting into his work.

Chief justice, while expressing optimism over the successful outcome of such innovative programmes, said that this intensive training would surely take the participants through a journey in judicial ethics, various enactments, and procedural codes. He exhorted upon the trainees to adopt judicious and judicial approach towards their working. He added that such events would immensely help the participants to work earnestly for protecting the labour class from any kind of exploitation thus ensuring justice for all.

The programme has greater significance for the participants because they do not have judicial backgrounds but their nature of work essentially require judicial knowledge for ensuring fairness in the system,  the Chief Justice asserted.

The Chief Justice complimented the Judicial Academy for organizing the five day programme on different types of labour laws as the training programme will enlighten the labour officers to serve the cause of labourers and workers who deserve social justice as well as access to justice.

Being organised by the Jammu & Kashmir Judicial Academy, the training programmes is aimed at to further strengthen the Judicial Institutions and impart necessary skills to all stakeholders of justice delivery system.

Chairman J&K SJA, Justice Alok Aradhe, while highlighting the laws envisaging Labourers right against exploitation, said that constitution seeks to provide that the health and strength of the workers both men and women and the children is not abused. He exhorted upon the need of weeding out wide disparity in emoluments and working conditions between contract labour and direct labour as they are not treated equally. He said that this training would enable the participants deliberate upon issues of labourers in light of various social welfare legislations.   

Member, J&K SJA, Justice Janak Raj Kotwal described the cannons of Judicial ethics as of utmost importance for the trainees in delivering services towards their clients. He termed investment in worker’s health as a “gift edged security” which helps in yielding immediate return in the increased production.

“Medical care and health facilities not only protect against sickness but also ensures stable manpower for economic growth”, said the member asserting that medical facilities are surely a part of social security. He also dwelt on other Acts like Maternity Benefit Act which is aimed at to ensure social justice to all women. “While dealing with social welfare legislations, the Labour courts and Tribunals have to adopt a practical approach by observing fundamental principles of natural justice.

Labour Commissioner, Jammu, was also present on the occasion.

Director, J&K State Judicial Academy, Abdul Rashid Malik, while elaborating on the significance and objective of organising this programme, said that through the events on varied subjects of importance, Academy provides a platform to all the Stakeholders of justice administration including the Labour Officers to ponder upon crucial issues and exchange valuable experience and knowledge. Judiciary stands committed to the ideal of social justice, he added and said labour workers are a vulnerable class and deserve full benefits of constitutional provisions, the legislations framed by the Parliamentarian and State legislatures as well as the directions given by the Apex Court to improve their lot.

The working Sessions of the training programme were chaired by the Resource Person, Justice Hasnain Massodi, former Judge, High Court of Jammu and Kashmir alongwith Abdul Rashid Malik, Director, J&K State Judicial Academy and Dr. G.R. Ghani, Former Commissioner/Secretary.

In the 1^st session, Cannons of Judicial Ethics while discharging quasi-judicial functions, hearing of parties and decision making, Providing of Opportunity of being heard to Women, Children and Disable by the Labour Courts/Tribunals, The Building and Other Construction Workers (Regulation of Employment & Conditions of Service Act, 1996 were discussed and deliberated upon.

In the 2^nd and 3^rd Sessions, Remedies available to the parties after the passing of Awards by the Industrial Tribunals/Labour Courts and Procedure adopted by Judicial and Quasi Judicial Authorities under Labour Laws were discussed at length.