RASHTRIYA MAZDOOR SANGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present petition has been filed by the Rashtriya Mazdoor Sangh, which has espoused the cause of daily waged and work charged workers employed by the Public Works Department, Irrigation and Public Health and other Departments of the State of Himachal Pradesh.

(2.) THE main grievance of the petitioner is that the daily waged and work charged workers are being discriminated against by charging insurance premium at a high rate covering accident personal injuries etc. and that individual policies in the name of workmen are not issued in the name of the workers. According to the averments made by the petitioner, the Group Personal Accident Insurance Scheme has been introduced which made it compulsory for all daily waged and work charged workers of various departments including Boards and Corporations to be insured. This scheme was introduced some where in the year 1996 and has been continued since then. It is not disputed that the scheme is still inforce. The scheme has a laudable purpose when it provides accident cover to poor workmen who are engaged on daily wage. It is compulsory for all Heads of the Department to ensure that the insurance cover is taken out for all these workmen.

(3.) LEARNED counsel appearing for the petitioner submits that daily waged and work charged employees have been discriminated against without there being any reasonable criteria or justification. There is no nexus between the imposition of higher premium and the object sought to be achieved. According to the learned counsel the object is to insure the workers. It is submitted by him that daily waged and work charged employees are required to pay about four times higher insurance premium on the same sum assured while the other employees as detailed in Annexure:P-8 are required to pay only Rs.40/- per annum. He further submits that either the sum assured should be increased to Rs.3,00,000/- for each employee or they may be treated at par with the category of employees as detailed in Annexure:P-8.