The status of Dalits and downtrodden classes in Gujarat has always been far from exemplary, which again came to the fore recently when the State Human Right Commission (SHRC) slammed the state government for not giving rightful job to a Dalit hospital dresser-sweeper for 25 years despite labour court and Gujarat High Court's order.
Amrut Chagan Bhangi joined a government medical centre at Ramgadhi village in Meghraj taluka of Sabarkantha district in March 1980 as a temporary part-time dresser.
Bhangi served for six years and six months till August 23, 1986 and thereafter was dismissed without being made permanent. As per the Dalut Parmar Committee and various labour laws, any person who has served for more then 240 days, shall be given permanent job. However Bhangi was not given his rightful job.
He went to the labour court for justice. The court on October 11, 1989 ordered the Sabarkantha district panchayat health department to reinstate him with full pay and with full payment of arrears. Against the labour court's order, the district panchayat went to high court for appeal. However, the high court also observed that Bhangi has been wrongfully removed from the job instead of his being permanent.
On April 10, 1992, the HC rejected the panchayat's appeal and noted: "No infirmity or error is pointed out in the judgment passed by the labour court. Hence (the appeal is being) rejected.''
Thus even though the HC upheld the labour court's order, Bhangi has not been reinstated in his job till today. However, instead of giving permanent job as dresser, in 1998 the panchayat took him as part-time sweeper without any benefits. Due to lack of any employment in the small village, Bhangi accepted his fate and despite injustice he did not fight for his rights.
However, in June 2009, Bhangi appealed to the State Human Right Commission. The commission was shocked to learn the details of the case and contempt of high court order by the state's panchayat department. The commission ordered on February 1, 2010 to the district development officer, Sabarkantha, and district health officer to reinstate Bhangi in job and wrote to the principal secretaries of the state general administration, finance, panchayat, rural housing development and rural development department, health & family welfare department and labour & employment department to ensure justice.
The commission in its order observed: "The petitioner is from a very backward class and the government has failed to provide him justice for more then 24 years. ''
However, despite the commission's order, the state government has not acted upon it, so Bhangi has again approached the SHRC and appealed for justice. Bhangi told DNA: "Despite labour court, HC and now the SHRC's orders, I have not been given justice so I have once again approached the commission. I don't have money to go to Supreme Court so commission is my last hope for justice now.''
