Tag Archive | Delhi

Soumya Vishwanathan’s Employer Fined Rs 250 – By Mukesh Jhangiani

                                                                                                                              March 26, 2009

Soumya Vishwanathan’s Employer Fined Rs 250

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Four months after a woman journalist was found shot in her car in the dead of night, her employer paid a Re 250 fine for breaking the Capital’s work hour norms.

TV journalist Soumya VishwanathanShot in dead of night (Photo: Mid-day.com)

The quantum of fine for the sort of violation incurred in Soumya Vishwanathan being at work till 3 am, some half an hour from a killer bullet, was set in the 1950s, shortly after India gained freedom.

Section 14 of the Delhi Shops and Establishments Act 1954 outlaws any establishment allowing women to work between 9 pm and 7 am in summer and, 8 pm and 8 am, in winter.

”Any contravention… shall on conviction, be punished with fine which shall not be less than twenty-five rupees and which may extend to two hundred and fifty rupees,” Section 40 of the Act says.

Indian governance– no matter the political label– has let it remain, notwithstanding the fall in Rupee’s buying capacity, the changing values or conditions, the state of security and the level of law and enforcement half a century thence.

”It’s one of the outdated provisions,” V V Giri National Labour Institute researcher Sanjay Upadhyaya acknowledged in an interview with United News of India Special Correspondent Mukesh Jhangiani.

On September 30, 2008, Ms Vishwanathan, 26, left her place of work at 03:02 am, say police, who got word of the incident at 3.41 am.

Greeting the news of the arrest of her alleged killers some six months later her mother, Madhavi Vishwanathan, remarked: ”It’s unfortunate that another murder had to take place.” She was referring to the murder of Jigisha Ghosh, 28, killed last week returning home from work.

The Soumya Vishwanathan murder sparked a debate over a young woman driving home from work unescorted at such hours.

Delhi Chief Minister Sheila Dikshit’s reported remark that ”one should not be adventurous” shocked even admirers of a woman CM. It contorted a serious issue, critics said.

”The girl is being blamed for driving home late after work,” fumed Sudha Sundararaman of All India Democratic Women Association.

She said the Chief Minister should instead be ”finding out how this happened and looking at ways to strengthen the city’s security set-up.”

Angry netizens pointed out that a chief minister responsible for law and order must make the city safe and secure for residents.

One, G Sriniwasan, remarked: If Shiela has her Z security removed and has to work to earn a living possibly she will change her tone.

Chief Minister of Delhi

Delhi Chief Minister Sheila Dikshit (Photo: Wikipedia)

Ms Dikshit acknowledged in a published interview that ”travelling at three in the morning is not a safe thing for anybody to do… even for boys.” She said, ”Companies employing young girls and boys 24 hours for that matter should provide escort for the safety of our girls and boys.”

Section 14 says ”no young person, or woman shall be allowed or required to work whether as an employee or otherwise in any establishment between 9 pm and 7 am during the summer season and between 8 pm and 8 am during the winter season.”

The Delhi government exempts employers who make workplaces ”secure and safe” for employees and provide them ”door to door pick-up and drop facility.”

Two weeks after the murder, New Delhi newspapers published her ‘Appeal’ reminding employers of exemption available ”subject to the safety and security of the women.”

But in a society where jobs are scarce and law enforcement scarcer– barely six per cent conviction rate for even heinous crimes– what happens when an employer does not obtain exemption ?

The city’s Shops and Establishments Chief Inspector filed a complaint naming the employer, Managing Director Aroon Purie, and the establishment, M/s TV Today Network, as accused no. 1 and no. 2.

K R Verma submitted that Ms Vishwanathan, working as producer with ”the aforesaid Management/Employer, met with an accident on her way home after leaving from work at 3.02.54 AM.”

The work attendance sheet showed that late Ms Vishwanathan and some other women employees ”worked during the hours prohibited under the Act,” the complaint said.

It said the management having ”not been granted any exemption” for Section 14, ”the employer committed an offence by violating the provision… and is liable to be punished” under section 40.

It prayed ”that the accused be summoned, tried and… punished according to law.” A lawyer for Purie urged the court to ”dispense with” his client’s personal appearance, saying he was ”falsely implicated” and ”impleaded for malafide reasons.”

Advocate Sushil Dutt Salwan pointed out that his client was ”a Padma Vibhushan Awardee” and ”not involved” in the company’s day to day administrative affairs.

On February 19, before Special Metropolitan Magistrate Javed Aslam at Karkardooma, the accusation was explained to a company executive, Puneet Jain, to which he pleaded guilty voluntarily.

Each accused was fined Rs 250 which was paid.

But if penalty is intended to deter violations then a Re 250 fine in 2009, specially when it is not reported by mass media, amounts to little, experts acknowledge.

The order is not even on the internet notwithstanding Rs 854 crore of Indian taxpayer money the Law and Justice Ministry is spending on computerising courts and judgements or orders.

In a newspaper interview as early as December 2002, Verma’s predecessor, M K Gaur, had warned that call centres faced prosecution unless they complied with law.

Incidents involving women employees returning home from call centres at odd hours show the inadequacy of deterrence at work.

Experts agree there is dire need for clear laws, with strong deterrence in terms of mandatory punishment not just for violations, but for any lapse in enforcement at any level.

The 1954 Act regulating work hours, pay and so on is one of two dozen laws on matters ranging from minimum wage to gratuity the city’s understaffed Labour Department enforces.

While commercial activity has mushroomed, hogging even space meant for homes and street traffic, law or its rule have yet to catch up.

The Department neither knows how many units do business in the National Capital Territory– having stopped counting two decades ago– nor makes inspections provided in law to catch offenders.

Asked by UNI in September 2008– just weeks before the murder– how many shop owners were prosecuted under the Act in the last three years, the Department replied: ”Nil.” But experts indicate more bad news– a trend gradually excluding more and more employees from the protective coverage of labour laws.

Upadhyaya cites the ”reversal” of a theory of notional extension of employers’ premises upheld in Supreme Court Judge S Jafer Imam’s judgement of April 28, 1958.

Recent apex court judgements– September 1996 and November 2006– do not appear to subscribe to the principle, he says, stressing the need for a ”more worker centric” approach by judiciary.

UNI MJ

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Crying Foul Over Violations, Secrecy In Games ! – By Mukesh Jhangiani

                                                                                                                 October 01, 2010
Crying Foul Over Violations, Secrecy In Games !

By Mukesh Jhangiani
United News of India

women work2

Women At Work For No Pay ?
(Photo: nocwg2010)

New Delhi (UNI) – Violations of law that hit thousands of workers and drove thousands out of homes as New Delhi readied for Commonwealth games have yet to be remedied, activists say.

”Commonwealth Games hai! hai!”– cries of woe– rent the air as members of an Anti Commonwealth Games Front took to the streets on Friday, barely days before the event.

Such ”gross violations of human rights against Delhi’s poor and marginalised groups” called for a boycott of the 71-nation event on ethical grounds, a meeting at Jantar Mantar was told.

The protest coincided with the arrival of the ‘Queen’s Baton’ they dubbed ”a historical symbol of oppression and colonisation.”

They spoke of 200,000 now homeless and 300,000 without livelihood, not to mention labour law violations at CWG sites, beggars shipped out or young women trafficked in from States for sex work.

”In the run-up to the Commonwealth Games,” the Front, a coalition of 25 groups, said, ”the city has seen the most blatant violation of human rights of the urban poor.”

Many vendors, cart-pullers, waste-pickers, head-loaders, balloon sellers, cobblers, food stalls and eateries have simply been put out of work, it said in a statement.

The groups included Peoples’ Union for Democratic Rights, Samajwadi Jan Parishad, Housing and Land Rights Network, Indo German Social Service Society, National Campaign on Dalit Human Rights and Beghar Mazdoor Sangharsh Samiti.

”The government has completely lost its sense of priorities,” it said, citing Rs 70,000-100,000 crore– US$ 15-21 billion– spent on hosting the 12-day extravaganza.

They compared it, for instance, to Rs 11,270 crore allocated for housing projects for economically weaker citizens under Indira Awas Yojna 2010-11 and Rajiv Gandhi Awas Yojana 2010-2011.

They said CWG decisions– from bidding for the event to reserving lanes for participants or a somersault on turning the village into a student hostel– were ”taken in secrecy,” against democratic norms.

English: CWG Opening Ceremony 2010

CWG 2010 Opening Ceremony (Photo: Wikipedia)

While CWG construction workers ought to have been paid wages in keeping with the international stature of the event, a spokesman for a signatory group said most were deprived of minimum wages even by Indian standards.

Workers at CWG construction sites have experienced some of the most widespread violation of human rights, spokesman Subhash Bhatnagar for Nirman Mazdoor Panchayat Sangam said.

Unskilled workers in Delhi are entitled to a minimum daily wage of Rs 203 but got only Rs 110-130, volunteers said.

Experts say laws provide for paltry fines at the end of litigation– itself slow– not jail terms which can deter violations.

According to PUDR, the State agencies flouting labour laws as principal employers in CWG-related construction range from Delhi Development Authority to Delhi University.

Calling CWG one of India’s biggest corruption scandals, the groups said instead of accounting for the financial irregularities, the government ”is focusing” on ”success of the Games under the garb of ‘national pride’.”

It questioned the idea of supporting ”a sporting event that is making a selected few richer.”

The protesters dismissed suggestions that hosting the CWG will improve India’s performance in sports as ”completely false.”

They said for many schools across India a playground was a distant dream for children and the plight of most athletes ”is dismal if not pathetic.”

A placard they held demanded ”schools, not stadiums.”

English: CWG Delhi 2010 OC Building

2010 CWG Organising Committee’s home (Photo: Wikipedia)

Noting that India has spent at least Rs 4,500 crore on renovating stadiums for the Games, it said ”this money could have been more wisely spent to improve facilities for sportspersons across the country.”

It said Delhi residents have been put through ”a lot of inconveniences” to host an event they were neither consulted about nor asked for– but ”will eventually pay for.”

Alluding to remarks made by Delhi Finance Minister A K Walia in March 2010, the groups said the Delhi Government has gone bankrupt because of ”wanton spending” in the name of the Games. ”The city has become much more expensive and taxes have increased.”

It demanded ”full accountability from all agencies and departments involved in the CWG, full public disclosure of funds, transparency of transactions, protection of human rights of Delhi’s citizens.”

It also demanded ”compensation for livelihoods lost, adequate rehabilitation of the displaced close to their places of work, a post-Games legacy plan and cost recovery plan, and prosecution of officials responsible for embezzlement and misappropriation of public funds.”

UNI MJ NK 1950

How ‘Functional Felony’ Creeps Into Judiciary : CJI – By Mukesh Jhangiani

                                                                                                                March 14, 2005

CJI R C Lahoti

How ‘Functional Felony’ Creeps Into Judiciary : CJI

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Personal visits to Judges’ residences, dinner invitations from lawyers and political pressures are some of ways in which ”functional felony creeps into the judiciary,” India’s Chief Justice has cautioned.

As a counter, Justice Ramesh Chandra Lahoti has stressed such time-tested judicial ethics as independence, impartiality, integrity and propriety.

Justice Lahoti was delivering the Inaugural M C Setalvad Memorial Lecture on Canons of Judicial Ethics organised by the Bar Association of India recently.

It was an evening given to remembering one of India’s finest lawyers– a ‘grand’ practioner, who charged ‘reasonable’ fees irrespective of stakes and respected Judges, but declined Judgeship.

The hall packed mostly with judges and lawyers heard a message from former Supreme Court Judge V R Krishna Iyer: ”Today, when the decline and fall have become deleteriously visible in the two sister professions, the memory of Setalvad will be a necessary admonition.”

The ethics topic sat well with 2005 dubbed the Year of Excellence in Judiciary. Judicial misconduct in India has no legal remedy.

Codes of ethics have been tried time and again, Justice Lahoti said, adding that if required to make a reference to such documents, he would ”confine myself… to three”:

— The Restatement of Values of Judicial Life adopted by the Chief Justices’ Conference of India, 1999

— The Bangalore Principles of Judicial Conduct, 2002

— The Oath of a Judge as contained in the Third Schedule of the Constitution of India.

As Justice Lahoti spelt out the documents it became clear that a number of Judges are already in violation of one or another of the canons of ethics.

Take Canon 4 of the Restatement: A Judge should not permit any member of his immediate family, such as spouse, son, daughter, son-in-law or daughter-in-law or any other close relative, if a member of the Bar, to appear before him or even be associated in any manner with a cause to be dealt with by him.

Over a year ago, the Bar Council of India (BCI) asked the government to transfer 130 High Court Judges who have relatives practising in courts in which they function. That meant almost one in four HC Judges. India’s 21 HCs between them had close to 500 Judges in place, the remaining positions being vacant. No action ensued.

The BCI is the apex statutory grouping of India’s 800,000 or so lawyers.

The trouble, experts say, is that a code of ethics cannot be enforced.

Indeed, as Law and Justice Minister Hans Raj Bhardwaj reminded audience, ethics cannot be foisted on anyone and should be left to the institution to evolve or embrace.

Nor does law in India make a proper provision to discipline Judges.

One option provided is impeachment, which, experts say, is more a political remedy than legal. It failed the only time it was invoked in 1992 against a Supreme Court Judge accused of corruption.

With Congress Members of Parliament under a whip to abstain in the vote to impeach Justice V Ramaswamy, Parliament virtually abdicated its duty to ensure accountability in Judiciary.

That was not perhaps the first time an Indian Judge had misbehaved. It certainly was not the last.

A spate of allegations has surfaced over the years involving HC Judges– in Karnataka, Rajasthan, Bombay, Delhi, Chennai, Calcutta and Punjab and Haryana– in bribery, sex and abuse of office, resulting in a few cases to transfer, removal, even arrest.

In one bizarre episode, dozens of HC Judges took leave en masse because two of them were asked by their Chief Justice to explain why they took complimentary membership from a club, which was a litigant.

One of Justice Lahoti’s predecessors, Justice Sam Piroj Bharucha told a lawyers’ meet in Kollam, Kerala three years ago that ”more than 80 per cent of the Judges in this country, across the board, are honest and incorruptible.

”It is that smaller percentage that brings the entire judiciary into disrepute. To make it known that the judiciary does not tolerate corruption in its ranks, it is requisite that corrupt Judges should be investigated and dismissed from service.”

A year later, Justice Bhupinder Nath Kirpal told a judicial colloquium that Judges ”are also Indian citizens who come from the same aggregate as those in the legislature and the administration.”

”Therefore,” Justice Kirpal said, ”there are also instances where corruption and incompetence have also pervaded the judicial establishment that cannot be denied.”

But as Justice Lahoti pointed out, ”The Judge can ill-afford to seek shelter from the fallen standard in the society.”

The trouble, experts say, is that in absence of a clearly laid down law, opacity takes over where will to cover up asserts itself.

Former Chief Justice Jagdish Sharan Verma, during whose tenure the Supreme Court Judges adopted the resolutions on Values of Judicial Life in May 1997, has called for a clear law to discipline errant Judges.

In a radio talk show aired two months ago, Justice Verma said: ”Time has come for enforcing judicial accountability.”

Asked to explain his insistence that the process be conducted by the judiciary itself, he said any external effort would be dangerous for judiciary’s independence.

Justice Verma said he sent the resolutions in December 1997 to then caretaker Prime Minister Inder Kumar Gujral, requesting enactment of such a law. ”It has not happened so far.”

Some two months ago, Bhardwaj announced a Group of Ministers set up to suggest steps to strengthen the Judges Inquiry Act 1968 as part of an effort to ensure accountability in governance.

Asked after the Lecture as to when the group will give its findings, the Minister told UNI it would probably be after the Budget session.

Corruption in their ranks is not the only issue Judges must reckon with: they have a huge workload– 24 million pendencies– and inadequate strength– 14,000 judicial officers from district level upwards, as against an estimated need of 50,000, topped by a large many vacancies.

Experts question lingering HC vacancies considering that the five member apex court collegium expected to select appointees knows well in advance when a vacancy is due to arise.

Law Ministry officials say 222 HC positions were vacant against an approved strength of 719 last year when the United Progressive Alliance took over from the National Democratic Alliance.

Bhardwaj has said all vacancies will be filled by the end of this year.

”It is futile to think of excellence,” Justice Lahoti said in his lecture, unless judges– howsoever highly or howsoever lowly placed– ”were to follow the canons of judicial ethics.”

He recounted how veteran Judges handled ethical issues. One instance involved a dinner for Judges given by a lawyer– paid for by a client whose matter was to come up in the court a day later while another was about a Vacation Judge approached for ‘interim’ stay by an advocate who happened to be the son of the then Chief Justice.

The dinner story in former Chief Justice Pralhad Balacharya Gajendragadkar’s words: ”So far as I know, I and K C Das Gupta did not attend. Most of others did. The dinner was held on a Saturday at a hotel. On Monday next, before the Bench over which B P Sinha presided and I and K C Das Gupta were his colleagues, we found that there was a matter pending admission between the management of the hotel chain and its workmen.

”I turned to Sinha and said: ‘Sinha, how can we take this case? The whole lot of supervisors and workmen in the hotel is sitting in front and they know that we have been fed in the hotel ostensibly by the lawyer but in truth at the cost of the hotel, because the very lawyer who invited the judges to the dinner is arguing in the hotel’s appeal.’

”Sinha, the great gentleman that he was, immediately saw the point and said: ‘This case would go before another Bench’.”

Justice Iyer’s tale of the Vacation Judge: ”Naturally, since the caller was an advocate, and on top of it, the son of the Chief Justice, the vacation judge allowed him to call on him. The ‘gentleman’ turned up with another person and unblushingly told the vacation judge that his companion had a case that day on the list of the vacation judge. He wanted a ‘small’ favour of an ‘Interim stay’.

”The judge was stunned and politely told the two men to leave the house. Later, when the Chief Justice came back to Delhi after the vacation, the victim judge reported to him about the visit of his son with a client and his ‘prayer’ for a stay in a pending case made at the home of the Judge.

”The Chief Justice was not disturbed but dismissed the matter as of little consequence. ‘After all, he only wanted an interim stay’, said the Chief justice, ‘and not a final decision’.”

The incident, Justice Lahoti went on, ”reveals the grave dangers of personal visits to judges’ residences under innocent pretexts.

”This is the way functional felony creeps into the judiciary. A swallow does not make a summer maybe, but deviances once condoned become inundations resulting in credibility collapse of the institution.”

”A little isolation and aloofness are the price which one has to pay for being a judge, because a judge can never know which case will come before him and who may be concerned in it. No hard and fast rule can be laid down in this matter, but some discretion must be exercised.”

Audience were told of a lawyer who actually observed ethics.

Setalvad remained ever a lawyer and never agreed to become a judge. His fees ”were reasonable and did not vary depending upon the stakes involved in a case.”

He seemed to have instinctively grasped the true function of a Law Officer stressed in English Courts– Counsel for the Crown neither wins nor loses. He is there to state the law and facts to the Court.

Setalvad joined the Bombay Bar in 1911 and rose to occupy such high offices as Advocate General of Bombay 1937-42, Attorney General of India 1950-63, Chairman of the Law Commission 1955-58 and Member of Rajya Sabha 1966-72.

He also represented India before the Radcliffe Commission and the United Nations 1947-50.

”In those days,” Bhardwaj said, recalling the post independence era, ”there were no sharp practices at the bar at all. There was no need for such concerns. Such an occasion never arose.”

These are ”difficult times,” he acknowledged. Standards have ”gone down.”

He said the BCI had not performed its duty. The Bar has been ”left behind by many decades… So much adulteration has come into this institution.”

Many lawyers may not even know who Setalvad was, he remarked.

Organisers thanked Chennai-based Senior Advocate G Vasantha Pai, a former BAI General Secretary, who contributed Rs 15 lakh to conduct the lecture annually, for ”giving us back” Setalvad.

UNI MJ MM CS1100

 

India’s National Holidays Work For Employers ! – By Mukesh Jhangiani

                                                                                                                                       September 16, 2008

India’s National Holidays Work For Employers !

By Mukesh Jhangiani
United News of India
New Delhi (UNI) – Thousands of Indians in the nation’s Capital spent the Independence Day holiday on job, earning twice the wages and a day off as compensation– at least in law.

English: Rashtrapati Bhavan Illuminated on Rep...

Republic Day celebration (Photo: Wikipedia)

But, four weeks later, authorities have no clue how many get to collect the due wages, and how many, if any, don’t.

”We take action against errant employers under the law,” Delhi’s Labour Commissioner K S Wahi said in a telephone interview, but acknowledged ”certain gaps in the laws which must be covered.”

On the Independence day, the Department’s 30-odd Shop Inspectors went around some 130 establishments in the city checking for violations. The count won’t be in until another few days.

Experts point out that such a small number does not even qualify as much of a sample considering hundreds of thousands of units operating in India’s National Capital Territory.

Employment in shops, hotels, restaurants and eateries, theatres or other public amusement or entertainment establishments is governed under the Delhi Shops and Establishments Act 1954.

Enacted to ”consolidate” laws to regulate work hours, pay, leave, holidays and so on, it is one of two dozen Acts on matters ranging from minimum wage to gratuity the Department enforces.

The Act is enforced through 30 plus Shop Inspectors in nine districts of Delhi who function directly under respective district Deputy or Assistant Labour Commissioner.
Experts say the ”gaps” alluded to may have to do with inadequacies in the law and enforcement which let law-breaking employers get away.

Take the ”exemption” proclaimed by the Lieutenant Governor of Delhi in September 2004 to let shops do business as usual on three days in a year lawmakers have declared National Holidays.

By law, Indians are entitled to take the day off on: January 26, the Republic Day, August 15, the Independence Day, and October 2, Mahatma Gandhi’s birth anniversary.

But thousands of shops and call centres across the NCT keep working through those days– some because they have to, others simply choose to.

What if an employee wishes to celebrate a National Holiday ? What steps are taken to ensure that employees are paid the prescribed wage and compensatory holiday ? How many employers have been prosecuted in the last three years ?

When these and related questions were addressed to Delhi’s Lieutenant Governor Tejendra Khanna, his Principal Secretary R Chandramohan suggested these be put to the Labour Department.

Replying for the Department, K R Verma, Chief Inspector of Shops and Establishments, stated that an employee wishing to celebrate a national holiday must ”seek leave of absence from his employer”– in other words, no longer take it as a matter of right.

The issue is not holidays, it is labour law and enforcement.

How does a department with just 30 labour inspectors keep tabs on so many employers or millions of employees ?

Verma said ”the current thinking regarding securing compliance with laws is based upon the policy that most of the establishments comply with the law.”

The Department has not prosecuted any employer on this count or, indeed, under the entire 1954 Act in the last three years, Chief Inspector Verma told United News of India Special Correspondent Mukesh Jhangiani.

While commercial activity has mushroomed in most of the city’s residential areas, even hogging space meant for homes and street traffic, law or its rule have yet to catch up.

Wahi, for instance, could not say how many units do business in the NCT, as Delhi government stopped registering them almost two decades ago.

”Registration was mandatory under the Act prior to 23.11.1989 since when the same has been kept in abeyance,” a government website acknowledges.

Lawyers say they apply for registration on behalf of client firms only to secure a reply– often after repeated effort– that the process is on hold.

”We typically either do not get a response,” says advocate Diljeet Titus, ”or receive a note from the Chief Inspector stating ‘We acknowledge receipt of your application’.”

He says he applies to ensure ”no allegation of violation of the Act is made against the client in the absence of a registration.”

Section 37 of the Act empowers Inspectors to enter ”any… establishment,” examine the premises and records and take on the spot evidence so as to detect violations.

But a source said inspections have also been put on hold for ”four or five” years owing to short staffing and alleged corruption.

Complaints were made by some businessmen that authority was being abused to demand bribes, the source said.

Instead of cracking down on corrupt officers or businessmen, the city apparently chose to skip the drill provided in law to detect offences.

As to staffing, Verma disclosed that against 72 posts, the Department has barely 30 Shop Inspectors, and against 20 posts, barely nine Inspecting Officers. It doesn’t even have enough stenographers to transcribe orders, he said.

The induction of Delhi and Andaman Nicobar Islands Civil Services officers appears to have contributed complications of its own over professional qualifications, officials say.

So how does the Department enforce law ? According to Commissioner Wahi, the complaint of a labour violation has to come from the worker whose right is violated. ”We are here to take care of it.”

”On getting specific information regarding a violation,” said Verma, the Department ”investigates the complaint and decides the action to be taken in each case on merits.”

But experts say the odds of employees– waiters, salesmen, attendants or helpers– lodging complaints against employers, especially in prevailing market conditions, are low.

Even when a complaint is made, the processes are so set as to give employers ample opportunity to escape punishment.

Does the Commissioner’s office undertake to protect a worker victimised for filing a complaint ? For instance, what is the remedy if the employee is sacked.

Officials point to courts a worker may turn to.

Experts say courts may at best secure an employee’s unpaid wages.

But the costs, the time– years, decades– litigation takes, not to mention the tortuous risks and uncertainties it involves, make it impractical, even prohibitive.

An employee considering adjudication has to think about the next meal, rent or school fee ? What is worse is that the system offers little in terms of justice or deterrence against wrong.

Labour officers say they cannot go beyond the law, which often provides for petty, laughable fines– Rs 25, Rs 250, not revised in half a century.

But it turns out that even penalty law provides is seldom awarded by metropolitan magistrates who hear complaints.

For instance, Section 41 of the Act prescribes up to three months imprisonment for a false entry in office record.

But Labour officers, including N R Ahluwalia, who retired as ALC four years ago, said they could not recall a single instance in which an employer went to jail under the provision.

Experts acknowledge the dire need for clear laws, with strong deterrence in terms of mandatory punishment not just for violations, but for any lapse in enforcement at any level.

UNI MJ