The Sindh High Court has constituted a judicial commission to inspect the hospitals, offices of the Sindh Employees Social Security Institution (SESSI) and the Workers Welfare Board and submit a report about the implementation of the laws in this regard.
The direction came during a hearing of a petition of Niaz Mohammad seeking the payment of compensation money and adoption of safety measures for employees at workplaces.
A division bench, headed by Justice Salahuddin Panwhar, observed that the industry of a nation was always the backbone of its economy which normally depended on the labour class; therefore, the rights and interests of the labourers needed to be given due weight and importance.
The petitioner’s family member, Mohammad Amir, and five others employees of a car-making factory had lost their lives during a blast in the factory furnace on November 15, 2018. The petitioner has demanded action against the factory management, compensation and safety measures for the workers in the factory.
The SESSI commissioner submitted a report with regard to details of expenditures of the last 10 years as well details of staff, hospitals in their domain and other affiliated departments. He submitted that in case of the demise of any labourer (secured worker) or illness, the Workers Welfare Board was to act under the Worker Welfare Board Act and it had its separate budget.
The high court observed that such a facility must always be in easy access because the labour class normally did not have sufficient means to stand back on their feet after unexpected incidents; therefore, the importance and role of the budget of the Workers Welfare Board and SESSI could not be denied.
It constituted a judicial commission comprising a senior civil judge of Shikarpur, who will visit all hospitals, SESSI offices and the Workers Welfare Board and examine their record.
The court directed the judicial officer to submit a report on whether the existing mechanism for fixing wages was implemented in letter and spirit and whether ordinary workers were aware about SESSI, the wage board, the Worker Welfare Board and had access to them.
It further told the inquiry officer to examine as to whether the mechanism to avail the facility was easily accessible so as to ensure timely help or whether it needed improvements, and if so what steps could further make it more convenient and easy accessible.
The commission will examine if the methods adopted by SESSI and the Workers Welfare Board are comprehensive so as to register workers and the payment of the fixed amount was as provided under the act and rules and if not what steps needed to be taken.
It will submit a report on whether the mechanism for the distribution of budget funds was prima facie was eliminating the possibilities of illegalities and whether there was prima facie illegality requiring auditing of utilisation of budget/funds or criminal negligence on the part of SESSI and board; besides, it will also examine any malfeasance committed by SESSI and the board.
The court observed that incidents in factories normally happen while dealing with the inflammation material, chemicals and other mechanical instruments, which normally revolve around negligence or lack of required facilities (security measures); therefore, investigation into such incidents is not an ordinary task which can be undertaken by an ordinary police officer, who is normally not trained for probing such incidents.
The court observed that the labour department will come forward and submit a mechanism with regard to investigation of incidents of industry and all the relevant departments, including labour, and SESSI will provide complete assistance to the labour department for such an exercise.
The counsel for the respondents submitted that investigation of the factory incident was carried out, factory owners had provided all funds to the labour department, and police were cooperated in the investigation. The court directed the authorities concerned to submit the compliance report by February 10.
from The News International - Karachi https://ift.tt/34R6cjg
The News International - Karachi
