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2013 Supreme(Jhk) 1213

IN THE HIGH COURT OF JHARKHAND AT RANCHI
D.N. PATEL AND AMITAV KUMAR GUPTA, JJ.
National Domestic Workers Welfare Trust, Ranchi - Petitioner
Versus
The State of Jharkhand & Others - Respondents
W.P.(PIL) No. 2810 of 2012
Decided on: 12th November, 2013

Advocates:
Advocate Appeared:
For the Petitioner:M/s. Anup Kumar Agrawal, Advocate Robit Thakur, Advocate
For the Respondents-State: Mr. Rajesh Kumar, G.P.V
For the Union of India : Mr. Md. Mokhtar Khan, A.S.G.I.

Headnote:Constitution of India---Article 226---Public Interest Litigation filed for implementation of various schemes framed by Government under Unorganized Workers Social Security Act, 2008 and Rules, 2013- Department of State Government and Legal Services Authority of State are under obligation to implement the schemes and to create the awareness about the schemes---It is a matter of serious concern that the very purpose of Act is defeated due to its non-implementation---Delay deprecated by Court.

JUDGMENT

Per D.N. Patel, A.C.J.:

1. Learned counsel appearing for the petitioner has submitted that despite several schemes being floated by the Central Government and despite a sizable amount is being given by the Central Government and despite the readiness of the Central Government to provide substantial financial assistance for implementation of ten schemes under the Unorganized Workers Social Security Act, 2008 (for the sake of brevity, hereinafter referred to as 'the Act, 2008') the State Government of Jharkhand has not yet implemented the schemes fully. Even the Board to be constituted under the Act, 2008, was not constituted and now by the order of this Court in this Public Interest Litigation, the Board has been constituted, but, still not a single meeting has been convened by the said Board. The money or the budget allocated by the Union of India for the State of Jharkhand, is to be unutilized for those ten schemes. There are several schemes out of these ten, which are being hundred per cent financially assisted by the Central government whereas in other schemes, it is partially financed by the Central Government. The State is unable to exploit the benefits of the schemes to its fullest extent, which are meant for the welfare of the downtrodden classes of the State of Jharkhand and also for those who are financially poor.

2. This Court has passed various orders in this writ petition and upon the direction of this Court, vide order dated 7.8.2013, 27.8.2013 and vide order dated 11.9.2013, now, the Board has been constituted as envisaged under Section 6 of Act, 2008, and now the Rules have also been drafted by the State of Jharkhand under The Act, 2008. These Rules have also been approved by the State Government. Thus, this is a Public Interest Litigation in its true sense and in its true spirit.

3. Yesterday, this matter was taken up for hearing and was adjourned for today. We have called Shir Vishnu Kumar, S/o Dr. R.S. Gupta, Principal Secretary, Labour, Employment and Training Department, government of Jharkhand, who is present in the Court today. He has pointed out that there are ten schemes floated by the Central Government under the Act, 2008. Out of these ten schemes, the State has taken steps for implementation of nine schemes. He has narrated in details about the schemes and has submitted that there are various schemes in which substantial finance is being provided by the Central Government and in few schemes, hundred per cent finance is being provided by the Central Government, like National Family Benefit Schemes, etc. It is also submitted by the aforesaid officer to this Court that it is true that still more beneficiaries should take the advantage of these schemes, and perhaps, the beneficiaries, who are within the State of Jharkhand, are not aware about these schemes. A sizable amount of fund has already been lapsed because these schemes have been floated from the year 2007 onwards and still even as per the aforesaid officer, they are unable to give the benefit to the beneficiaries of the State of Jharkhand to its fullest extent.

4. Having heard the counsel for both the sides and looking to the provisions of the Act, 2008, and the Rules, 2013 and the Schemes floated by the Central Government, it appears that :

i) The following are the Schemes being floated by the Central Government under the Unorganized Workers' Social Security Act, 2008 (the Act, 2008). The name of the schemes, the eligibility criteria and the number of beneficiaries found out by the State of Jharkhand are referred as under :

Schemes for Unorganized Workers under Unorganized Workers Social Security Act, 2008, Eligibility Criterion and Number of Beneficiaries

Sl. Name of Schemes Eligibility Criteria Number of

No. Beneficiaries

LABOUR EMPLOYMENT & TRAINING DEPARTMENT

1. Indira Gandhi National The age of the applicant (male or female) 5.70

Old Age Pension shall be 60 year or higher (excluding BPL lakhs

Scheme w






































































































































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