India is a Sovereign, Socialist, Secular, Democratic Republic constituted for
the welfare of its people and is also committed to making working class as bedrock
for consolidating the Republic .
The Jammu and Kashmir as a constituent of Republic is committed to the welfare of the working class and to the empowerment of the
Labourers to enable them to play their role in the institution building of the J&K UT.
It is with these ideals in view that the UT Jammu and Kashmir has adopted central
legislations relating to the Labourers which take care of regulatory mechanisms for
implementation of these laws and social security measures to improve socio-economic
conditions of the working class. These welfare measures include Provident fund,
Medical insurance , a package of Welfare schemes for building and construction
workers, Rehabilitation of Child Labourers and Bonded labourers, conciliation
between employees and employers in case of a dispute etc. The erstwhile J&K state
had also enacted three state legislations dealing with the welfare of the working
class in the state.
But After the re-organisation of the state into two UTs viz- UT
of J&K and UT of Ladakh, J&K Employees Provident Fund Act has been repealed and
consequently Central Provident Fund Organisation has no taken over the JK Provident
Fund Organisation. However, the J&K Labour & Employment Department will continue
the look after the issues of J&K Provident Fund Organisation during transition period
of one year.
The J&K government has also placed a well knit institutional
mechanism to implement these legislations through the Labour Department and Jammu and
Kashmir Building and Other Construction Welfare Board.
Employment as a subject is included in the concurrent list
of the Constitution of India. National Employment Service is a Joint concern of the
Government of India and the J&K Government. Compulsory Notification of Vacancies Act
1959 was passed by the Parliament to make it compulsory for the establishments under
Public and Private Sectors to notify vacancies to the nearest Employment Exchanges and
also to render prescribed returns. This Act though extended to the J&K was applied by
the state to the Private Sector only. The Employment Exchanges in J&K had been catering
to the recruitment needs of various Central Government Departments and Organizations.
But after the Supreme Court Judgment passed in the year 1996, the notifying departments
were given the discretion to invite the applications at their own level in addition to
the names being sponsored by the Employment Department in order to give a fair play and
equal opportunity for applying against the said vacancies notified by a particular
establishment / organization by making advertisements in the print/electronic media for