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Regularization of unprivileged DWs' of J&K now in hands of NDA Government?
After annulling & abrogation of 370!
Mohd Rafi Malik10/14/2019 10:18:19 PM
Under the Article 370 and 53A, now scrapped, separate status of J&K has been remained a constant painful boil across the India causing various complications for the nation as a whole. Only those few rogue elements in the state were opposing whose bossy existence was dependent on this temporary status. Now, it is crystal clear that all the earning quarters of false fronts of J&K are now locked down and perhaps would never run again.
For over seven decenniums, the people of J&K have been taken and put on the wrong track. They have been victims of inhuman campaign and influenced agitprop that has kept them trapped in an endless series of terrorism, violence, destruction and poverty. Including mainstream, the false front leaders have always sent their wards to non-native places to study , work and earn. The false fronts have always fired up the common people to push their young wards into the violence, stone pelting and anti-national activities. Sometime they used threats of terrorists and misinformation to enchant the people in a deceptive way. The mainstream leaders were also making their political waves for their vote banks and have been fooled the common people on the name of development and employment for educated generations.
Amid uproar by opposition members in the Indian parliament this surprising announcement has marked a new milestone in the country's politics. Fear free parliamentarians / lawmakers of NDA Govt. annul the separate status of J&K and brought a new bill under which the Jammu and Kashmir will now be reorganised as Union Territory with Assembly and LADAKH, geographically, almost half part of J&K would also be a separate Union Territory with no legislature. Now, Centre laws would apply in these two union territories onwards October 2019 as per the proceedings of parliament.
The people of J&K, who are happy with this decision taken by the NDA Govt. and many more developments and announcements for the benefits of common people, are being expected ahead after completion of re-organization process and implementation of central laws thereto. Especially, The J&K is having more than sixty thousand such families who are totally dependent on their one or two family members who have been engaged in different departments on contractual terms, as casual labourers or on consolidated basis just to feed the bread and butter to their families. As and when the state witnessed the election process the respective representatives, whom these families saw them as lawmakers and holding many key portfolios but the flexi staff community have always shown only the dreams of their regularization for their own benefits. Therefore, they are paying back for they have been enjoyed their luxury lives under the temporary implementation of Article 370 and 35A since long.
Many times these temporary employees came out for their rights of regularization but the concerned administration with self interested intervention of the elected representatives or concerned ministers always gave them endless targets of their regularization.
Author of this write up is also the part of the flexi staff community working in JKBOSE who had been considered along with other consolidated workers for regularization with the sympathy for investment of years of lives in the organization. Whose regularization case was processed and put up before the Board of Governors (BoG) meeting two years back, where it had been resolved with the constitution of a Sub-Committee who had to scrutinize the eligibility, to devise a mechanism regarding their seniority and other required formalities and the same had to be submitted before the Board of Governors (BoG) for final decision. The said Sub-Committee had submitted the report and favourable recommendations to the BoG within minimum time period. On the basis of report of Sub-Committee the resolution of regularization of consolidated workers was submitted in circulation for final signatures of members of Board of Governors (BoG). In circulation, seventeen (17) out of eighteen 18 members of Board of Governor have signed the resolution subsequently the same resolution was sent in circulation to the then Principal Secretary, Department of Finance, Govt. of J&K for concurrence and signatures in capacity of being 18th member of Governing board, but he has denied to sign the resolution with the reference of civil services act "Section 3 of J&K Civil Services (Special provision) Act, 2010 defines "Application of the Act" . The Act is not applicable to the autonomous bodies". The aforesaid reference itself speaks that the JKBOSE being an autonomous body can regularize these consolidated workers by adhering its own rules & regulation and procedure as has been adopted in the past for such liabilities.
Besides, the obstinate determination of the then Principal Secretary, Finance bluffed with the naive consolidated workers with the support of an inapplicable reference and communicated the same to the BOSE authority who never took any further action thereafter.
The competent authority of the BOSE could have brought back the same resolution (original copy / internal file of the BOSE) which was sent to him in circulation only for signatures and could have issued the orders under the provision of recommendations of one third (1/3) majority of members but the same has thrown in the state of un-necessary adjournment. In other way, the competent authority of the BOSE is empowered with the powers under an Act (13/4) of the BOSE for regularization of Consolidated workers and the action taken for regularization under this act can be got confirmed by the Governing Board but who claims to ask for having been treated unfairly so far.
Moving up would have also helped the author of this write up to implement the learning and in view of the career, the regularization would have motivated and such encouragement would have put in more towards the dedication but due to unknown reasons the file has not been dusted off since two years and the daily wagers remained only optimistic for regularization orders after being considered through the same procedure what the JKBOSE had adopted for regularization in 2012 when 79 consolidated workers of same nature were regularized.
The Parliament has already approved a bill to enable introduction of minimum wage for every worker besides addressing different issues. The bill will subsume four labour laws -- Minimum Wages Act, Payment of Wages Act, Payment of Bonus Act and Equal Remuneration Act. After its enactment, all these four Acts would be repealed. The Code on Wages Bill, 2019 - universalizes the provisions of minimum wages and timely payment of wages to all employees irrespective of the sector and wage ceiling.
All the daily wagers have completed the required time period, eligibility criteria and have acquired the enough knowledge during the investment of the decades in the different departments in J&K and they all expect the incorporation of fifth subsume law by the parliament with regard to their timely regularization. This deprived community of J&K, after abrogation of separate status of state, feels that the JK is going to be administered by the central NDA government which is a golden chance for their regularization, since; they have always faced the abrupt and ungracious manner of political representatives and especially from bureaucratic chambers.
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