Calcutta High Court Directs State Gov To Consider Inclusion Of 'Gachhi' Unorganised Workers Under Samajik Suraksha Yojana

The Calcutta High Court has recently directed the Secretary, Labour Department, Government of West Bengal to consider a representation to include a section of unorganized workers called 'Gachhi' who earn their livelihood by climbing on tress and cutting nuts/coconuts/jaggery etc within the list of beneficiaries under the 'Samajik Suraksha Yojana', 2017. The 2017 scheme had been introduced by the State government to extend primary benefits such as provident fund, financial assistance, compensation to all workers of the unorganized sector. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a plea moved by a 'Gachhi' who contended that his life is always at risk and that members of the petitioner's community should be extended the benefit of 2017 scheme. The Bench noted that the 2017 scheme includes beneficiaries consisting of 46 unorganized industries and 15 self-employed persons. 

Clause 5 of the Scheme contains the following eligibility criteria, 

"In order to be eligible to apply for registration and getting benefits under the scheme a beneficiary should conform to the following criteria- (a) He/She must be a resident of West Bengal. (b) He/She should be between 18-60 years of age. (c) His/Her family income should not exceed Rs.6,500/- per month except construction & transport workers. For construction & transport workers family income has no upper limit. (d) The period for calculation of average family income will be 12 months prior to the month in which application is made."

Upon perusal of the rival submissions, the Court observed.

"The issue in respect of the entitlement of the petitioner for inclusion in the Scheme is required to be considered by the competent authority having due regard to the fact that other self-employed persons of similar nature are already covered"

Advocate Joveria Sabbah appearing for the petitioner apprised the Bench that the petitioner fulfilled all the eligibility conditions which are mentioned in the Scheme. It was further argued that the petitioner has not been included in the Scheme though other such self-employed persons such as idol makers, waste pickers, street hawkers including newspaper hawker, workers of NGOs, cycle rickshaw and van puller/paddler, domestic servants etc. have been included under the scheme. The petitioner further prayed that he is a poor person and in need of the benefit under the scheme.

On the other hand, the counsel for the State pointed out a communication dated May 18, 2021 sent by the Inspector Minimum Wages, DLC(P) which shows that the Gachhis do not come under the scheme, therefore, they are not found entitled to enroll themselves under the scheme.

Accordingly, the Court directed the petitioner to file a detailed comprehensive representation before the Secretary, Labour Department, Government of West Bengal so that the Secretary can duly look into the issue 'with sympathetic consideration' as also having regard to the nature of employment.

"If such a representation is filed by the petitioner, an appropriate decision will be taken by the concerned Secretary having due regard to the observation made above within a period of three months from the date of receipt of the representation", the Court directed. Accordingly, the petition was disposed of. 

The petitioner has been represented by Advocates Joveria Sabbah, Saswata Sarkar and Bodhisatya Ghosh. 

Case Title: Gajibur Rahaman Sekh v. The State of West Bengal & Ors

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