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Delhi High Court Directs ESIC To Constitute A Committee To Frame Policy For Welfare Of Contractual Workers In All Its Establishments

Suhavi Arya
8 Feb 2022 8:17 AM GMT
Delhi High Court Directs ESIC To Constitute A Committee To Frame Policy For Welfare Of Contractual Workers In All Its Establishments
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In a case concerning illegal termination of services of contractual workmen at Employees' State Insurance Corporation Hospital, the Delhi High Court has directed the ESIC to constitute a committee which will frame a policy for the welfare of contractual workers in all its establishments.Justice Pratibha Singh ordered:1. ESIC shall constitute a committee in order to frame a broad policy for...

In a case concerning illegal termination of services of contractual workmen at Employees' State Insurance Corporation Hospital, the Delhi High Court has directed the ESIC to constitute a committee which will frame a policy for the welfare of contractual workers in all its establishments.

Justice Pratibha Singh ordered:

1. ESIC shall constitute a committee in order to frame a broad policy for all its establishments in respect of contractual workers. Let the details of the said Committee be placed on record by the next date of hearing.

2. The said Committee shall consist of at least two experts, two representatives from the Workmen and two representatives from the Contractors, as also other officials, as the ESIC deems appropriate, in order to frame the proposed policy.
3. The proposed policy would take into account all the requisite measures that need to be employed to ensure that the interests of the contractual workers is not adversely affected in any manner.
4. The said committee shall also look at the terms and conditions that should be incorporated in agreements which would be entered into by the ESIC with the contractors.
5. The issue relating to engagement of PSUs, which in-turn, engage third parties as sub-contractors and whether the same ought to be permitted, would also be considered by the said committee.

The order was passed after the Bench was apprised that ESIC intends to frame a proper policy in respect of contractual workers and to put in place a mechanism to exercise supervision over contractors who are supplying the manpower for the various ESIC establishments on a pan-India basis.

The policy will include provisions in respect of engagement of contractual workers, their working conditions, preferences, if any, to be given to long serving contractual workers even when new contractors are engaged, safeguards to be employed in the agreements to protect the interest of the contractual workmen, as also the terms and conditions of the contracts to be entered into with contractors.

The development ensued in two writ petitions filed by few workmen, claiming that their services were illegally terminated under the pretext of changing the contractor.

Noting that the earlier contractor's term is expiring in March 2022, the Bench asked ESIC to consider accommodating the workmen.

The matter is listed for further consideration on 14 February 2022.

Case Title: Sh. Hansraj and Ors. v. Employees State Insurance Corporation & Ors., WP ( C) 705/2020 and connected matters.

Click Here To Read/Download Order


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