NHRC team led by its Acting Chairperson, Mr. Justice Cyriac Joseph eventually ensures release of relief to the families of four deceased labourers in Ernakulam, Kerala (11.9.2015)
PRESS RELEASE
New Delhi, 11th September, 2015
Two complaints were received by the National Human Rights Commission alleging that four labourers namely Dhaneswar Swain, Ashok Kumar Das, Haldhar Das and Sahadev Patra died of burn injuries, suffered because of a blast on 16.4.2014, while working at Seepison Ply Board Factory in Ernakulam district, Kerala.
The Commission issued notices to District Collector and Superintendent of Police, Ernakulam, Kerala on 17.06.2014 and 02.07.2014 respectively. No reports were received despite reminder. The Commission therefore vide order dated 19.08.2015 observed that despite lapse of more than a year, no concrete steps were taken by the concerned functionaries to render necessary assistance to the bereaved families of the four deceased labourers. The Commission therefore decided to conduct a local inquiry to ascertain the facts and the action taken in this case. The Acting Chairperson also decided to hold an inquiry in the matter at the Government Guest House, Ernakulam on 10.09.2015 at 1100 hrs in the presence of the District Collector, Ernakulam or his representative, the Superintendent of Police, Ernakulam(Rural), Aluva, or his representative, the ADM, Ernakulam, the District Labour Officer, Ernakulam, the Revenue Divisional Officer, Muvattupuzha, the Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Kerala, the Regional Director, Employees State Insurance Corporation, Kerala, and the two complainants.
On 10.09.2015, Justice Cyriac Joseph Acting Chairperson, NHRC, Sh. Pupul Dutta Prasad, SSP and Sh. Indrajeet Kumar, Assistant Registrar(Law) conducted an inquiry in presence of the aforesaid officers and one of the complainants namely Father Sabu George Malayil S.J., Jeevika Migrant Workers' Movement.
During inquiry the Regional Provident Fund Commissioner reported that after the intervention of the Commission benefits under EPF and EDLI has been extended to the next of kin all the four deceased labourers and action has been taken to ensure payment of pension to the beneficiaries. The Regional Director, ESIC reported that the Funeral Expenses have been paid and immediate action is being taken for the release of Temporary Disablement benefit and the Dependant Benefit. The District Labour Officer reported that the gratuity amount for two labourers have been deposited with the Controlling Authority, i.e., Deputy Labour Commissioner on 08.09.2015. Two labourers could not be paid the gratuity amount as they had worked for less than six months.
On 11.09.2015 the District Labour Commissioner was called for a meeting with the NHRC inquiry team to know the status of payment of gratuity to the eligible persons. The District Labour Commissioner submitted that he will make the payment within 15 days and necessary details of the NOK/dependants will be taken from the EPF authorities who have already released the payments.
Thereafter, the NHRC inquiry team members Sh. Pupul Dutta Prasad, SSP and Sh. Indrajeet Kumar, Assistant Registrar (Law) accompanied by Assistant Labour Commissioner, Factories and Boilers Inspector, jurisdictional Inspectors of EPFO and ESIC also visited the factory concerned as regards the status of the implementation of various Labour Laws in the establishment. The team also inspected whether the violations reported earlier had been rectified by the establishment or not. The team observed non compliance of some of the provisions of Minimum Wages Act, 1948 and the Factories Act, 1948. The Assistant Labour Officer, Perumbavoor has issued notice to the employer for the violation of Minimum Wages Act, 1948 and has directed them to pay arrears of wages with immediate effect. The Inspector of Factories and Boilers has assured that the Inspection Order to comply with the violations noticed during his inspection will be issued to the factory owner immediately.
*****
New Delhi, 11th September, 2015
Two complaints were received by the National Human Rights Commission alleging that four labourers namely Dhaneswar Swain, Ashok Kumar Das, Haldhar Das and Sahadev Patra died of burn injuries, suffered because of a blast on 16.4.2014, while working at Seepison Ply Board Factory in Ernakulam district, Kerala.
The Commission issued notices to District Collector and Superintendent of Police, Ernakulam, Kerala on 17.06.2014 and 02.07.2014 respectively. No reports were received despite reminder. The Commission therefore vide order dated 19.08.2015 observed that despite lapse of more than a year, no concrete steps were taken by the concerned functionaries to render necessary assistance to the bereaved families of the four deceased labourers. The Commission therefore decided to conduct a local inquiry to ascertain the facts and the action taken in this case. The Acting Chairperson also decided to hold an inquiry in the matter at the Government Guest House, Ernakulam on 10.09.2015 at 1100 hrs in the presence of the District Collector, Ernakulam or his representative, the Superintendent of Police, Ernakulam(Rural), Aluva, or his representative, the ADM, Ernakulam, the District Labour Officer, Ernakulam, the Revenue Divisional Officer, Muvattupuzha, the Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Kerala, the Regional Director, Employees State Insurance Corporation, Kerala, and the two complainants.
On 10.09.2015, Justice Cyriac Joseph Acting Chairperson, NHRC, Sh. Pupul Dutta Prasad, SSP and Sh. Indrajeet Kumar, Assistant Registrar(Law) conducted an inquiry in presence of the aforesaid officers and one of the complainants namely Father Sabu George Malayil S.J., Jeevika Migrant Workers' Movement.
During inquiry the Regional Provident Fund Commissioner reported that after the intervention of the Commission benefits under EPF and EDLI has been extended to the next of kin all the four deceased labourers and action has been taken to ensure payment of pension to the beneficiaries. The Regional Director, ESIC reported that the Funeral Expenses have been paid and immediate action is being taken for the release of Temporary Disablement benefit and the Dependant Benefit. The District Labour Officer reported that the gratuity amount for two labourers have been deposited with the Controlling Authority, i.e., Deputy Labour Commissioner on 08.09.2015. Two labourers could not be paid the gratuity amount as they had worked for less than six months.
On 11.09.2015 the District Labour Commissioner was called for a meeting with the NHRC inquiry team to know the status of payment of gratuity to the eligible persons. The District Labour Commissioner submitted that he will make the payment within 15 days and necessary details of the NOK/dependants will be taken from the EPF authorities who have already released the payments.
Thereafter, the NHRC inquiry team members Sh. Pupul Dutta Prasad, SSP and Sh. Indrajeet Kumar, Assistant Registrar (Law) accompanied by Assistant Labour Commissioner, Factories and Boilers Inspector, jurisdictional Inspectors of EPFO and ESIC also visited the factory concerned as regards the status of the implementation of various Labour Laws in the establishment. The team also inspected whether the violations reported earlier had been rectified by the establishment or not. The team observed non compliance of some of the provisions of Minimum Wages Act, 1948 and the Factories Act, 1948. The Assistant Labour Officer, Perumbavoor has issued notice to the employer for the violation of Minimum Wages Act, 1948 and has directed them to pay arrears of wages with immediate effect. The Inspector of Factories and Boilers has assured that the Inspection Order to comply with the violations noticed during his inspection will be issued to the factory owner immediately.
*****