In a significant judgment, the Rajasthan High Court has upheld the award of compensation to a daily wage worker who suffered a debilitating injury during his employment, despite his absence from the employer's official records. This ruling underscores the judiciary's recognition of the realities faced by informal workers and the common industrial practices that often exclude them from formal documentation.
The case revolved around a daily wage worker employed as a machine operator. During his tenure, he sustained a severe injury that led to the amputation of his fingers, resulting in 100% incapacitation. The employer contested the claim, asserting that the worker was never officially employed and had merely visited the premises to meet an acquaintance when the accident occurred. They further argued that his name did not appear in the Employees State Insurance Register or the attendance register, and he lacked documentary evidence such as an appointment letter or salary receipts.
The Tribunal, however, found merit in the worker's claim, relying on corroborative evidence including police reports, medical records, a disability certificate, and witness testimonies. These documents substantiated the worker's presence and injury at the workplace, leading the Tribunal to conclude that he was indeed employed, albeit informally.
Justice Arun Monga, presiding over the High Court bench, concurred with the Tribunal's findings. He acknowledged the prevalent industrial practice where casual or daily wage workers are often not recorded in formal employment registers. The Court emphasized that the absence of the worker's name in official records did not negate the existence of an employer-employee relationship. It highlighted that such omissions are common and should not be used to deny rightful claims, especially when other credible evidence supports the worker's assertion.
This judgment is pivotal as it addresses the challenges faced by informal workers in proving their employment status, particularly when employers fail to maintain or deliberately omit records. It reinforces the principle that the lack of formal documentation should not be a barrier to justice for workers who contribute significantly to industries but remain unrecognized in official records.
The Court's decision also serves as a cautionary note to employers, emphasizing the importance of maintaining accurate employment records and acknowledging all workers, regardless of their employment status. It underscores the judiciary's commitment to protecting the rights of all workers, especially those in vulnerable positions, and ensuring that justice is not impeded by technicalities or administrative oversights.
In conclusion, the Rajasthan High Court's ruling affirms the rights of daily wage workers to seek compensation for workplace injuries, even in the absence of formal employment documentation. It sets a precedent for similar cases, highlighting the judiciary's role in bridging the gap between legal frameworks and the practical realities of the labor market.
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