The objective of the Employees State Insurance Act,
1948 (hitherto, referred
as ESI Act), is to provide certain benefits to employees in case of
sickness, maternity, employment injury, etc. Sec. 39 of the Act enjoins
upon the employer to make payment of contribution and deduction of
contribution of employees from their wages, at the rates specified in
the First Schedule to the Act and to credit the same to their account.
The employees covered under the Act, in return, would receive
treatment for sickness, maternity, payment for employment injury, etc. Every
human being has the right to live and to feed himself and his
dependants.
Article 39(e) enjoins upon the State to secure the health
and strength of the workers and directs that the operation of the law is
that the citizens are not forced by economic necessity to work
under forced labor or unfavorable and unconstitutional conditions of
work. It should, therefore, be the duty of the State to consider that
welfare measures are implemented effectively. Article 42, therefore,
enjoins the State to make provisions for just and humane conditions of work
and maternity relief. Article 47 imposes a duty on the State to improve
public health.
The Preamble of the Constitution of India, the
Fundamental Rights and Directive Principles constituting a trinity, assure
every person in a Welfare State, with social and economic democracy,
with equality of status and dignity of person. Political democracy
without social and economic democracy would always remain unstable.
Social democracy must become a way of life in an egalitarian social
order. |
