Working of Employees State Insurance Scheme in the State of Jammu and Kashmir: An Empirical Study

Authors

  • Nayeem Ahmad Bhat Research Scholar(Ph.d), Department of Law, University of Kashmir image/svg+xml

DOI:

https://doi.org/10.53724/lrd/v1n3.02

Keywords:

Occupational Hazards,, ESI Model Hospital,, Contingency,, Harassment,, Redressal.

Abstract

The Employees’ State Insurance Act (ESI Act) 1948 is a social welfare legislation which aims at bringing social and economic justice to poor labour class of the land. Its main purpose is labour welfare. But the labour welfare is an elastic term bearing somewhat different interpretation in one country from another according to different social customs, the degree of industrialization and the educational development of the workers. Investigation committee of the Government of India has preferred to include under welfare activities anything done for the intellectual, physical, moral and economic betterment of workers whether by employer’s, by government or by other agencies, over and above what is laid down by law or what is normally expected as a part of contractual benefits for which workers have bargained. Labour welfare is a very comprehensive term and includes everything undertaken by the state, employers and association of workers for the improvement of workers’ standard of living and the promotion of their social and economic well-being. These welfare activities need to be considerably extended so as to cover workers of every factory, industry, mines, plants and communication etc. A definite minimum standard of welfare should be laid down, which has to be observed by all employers. While the insured workmen avail of the pecuniary benefits allowed under the Act in the form of sickness, maternity, disablement and dependents benefit, the extension of medical aid and health insurance is still in a state of infancy. The establishment of well-equipped hospitals for ready medical facilities to workmen is a far off cry. Likewise, maternity and dependent benefits have proved to be ineffective. Similarly, the benefits under the Act have not been extended to seasonal factories which are, by and large scattered in the rural areas. Such an extension is vitally connected with the rural health scheme in the country as a whole. Unless the living in rural areas is not only improved but is made attractive and safer with a better prospect to live and develop their faculties, any health scheme on nationwide basis would be an exercise in futility. It is time to have a rethinking over the economic and development planning in the country. For this purpose, planning has to be in keeping with the flora and fauna of the country and to our cultural inheritance. For proper implementation of social security schemes, including those provided under the Act, a proper education-programme and consciousness in the society as a whole is necessary. Coupled with this is the active cooperation of industrialists, trade unionist and humanitarian based cadre of government employees. In the present empirical study, an attempt has been made by the researcher to analyze the working and implementation of Employees State Insurance Scheme (ESI) in the State of Jammu and Kashmir and to formulate solutions to certain key areas.

 

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References

Government of India, Report of the Royal Commission on Labour, 1929, p.261.

Retrieved from http://www.esic.nic.in

Retrieved from http://www.esicjk.org.

Published

30-03-2017

How to Cite

Nayeem Ahmad Bhat. (2017). Working of Employees State Insurance Scheme in the State of Jammu and Kashmir: An Empirical Study. Legal Research Development, 1(III), 01–22. https://doi.org/10.53724/lrd/v1n3.02