August 21, 2013

In this way laws meant for benefit of labour workers, actually, in reality, work to disadvantage of workers

In this way laws meant for benefit of labour workers, actually, in reality, work to disadvantage of workers

Experienced Judges and Lawyers will tell you that almost all laws made for benefit of poor are in reality, operating against the beneficiary class.

Under Some State's Labour Laws, there is only one writ appeal possible to High Court under Art.227.

Thereafter, if worker feels that High Court has done some injustice, he cannot file appeal before two judges of same High Court. But his only remedy is to reach Supreme Court.

Upto High Court, workman may have been assisted by an advocate who may not have charged him more than expanses. Lawyer will postpone fees till workman gets his job and wages back.


But after High Court, workman will have to get entire labour court record translated in English.

The translation costs itself is beyond reach of many workman.

Here even pro bono lawyers cannot help him.

So many workers lose right to appeal because of translation cost factors.

Same is in the case of poor who are in jail. Lawyers may be available to help them but who will bear the coat of translations?

There are legal aid committees. But to many litigants, these are just rainbows in sky. They too have to work under state-supplied funds.

The problem is there for poor convicts who want to appeal to Supreme Court.

Suggestion : In Labour Matters, so far as workman is concerned, provision should be made for Intra-Court Appeal in same High Court.

Haresh Raichura
21/8/13