Delhi HC issues notice to Centre on plea to safeguard and secure social security benefits for Law Clerks

Team SoOLEGAL 10 Aug 2018 11:30am

Delhi HC issues notice to Centre on plea to safeguard and secure social security benefits for Law Clerks

The Delhi High Court has issued notice in a writ petition moved by the Delhi High Court Bar Clerks’ Association (DHCBCA) seeking to protect and secure law clerks “right to social justice, health, medical care, social security and a living working condition”.

The association filed the writ petition through Advocate Vishal Singh.

The matter came up for hearing before former Acting Chief Justice Gita Mittal and Justice C Hari Shankar.

The petitioner claims that despite working under the private employment of advocates, they work under statutory approvals and holds the authorization to act in all transactions done before or with the ministerial staff of the Court. But still, clerks are not provided with any social security or welfare measures, like the ones provided to legal practitioners under The Advocates’ Welfare Fund Act, 2001.

The petitioner also submitted that several states in India, such as Kerala, Andhra Pradesh, Tamil Nadu etc., have already passed legislation for the welfare of clerks of legal practitioners.

Thus, DHCBCA claims that to safeguard and promote the fundamental right to social security and welfare measures for clerks, following actions/schemes must be implemented and enforced:

  • Creation of Clerks Welfare Fund.
  • Provision for Group Insurance Policies.
  • Provision for Provident Fund.
  • Provision for Pension.
  • Provision for medical and educational facilities for the clerks and their families/dependents.
  • Financial assistance to needy clerks.
  • Provision of payment of consolidated sum on death/disablement of any clerk.
  • Provisions for common rooms with books and newspaper akin to Bar Room for Advocates.
  • Provisions for periodical training programmes and symposiums to upgrade their skills and to train them.

The matter has been listed for next hearing on September 13.

Source: Bar&Bench



Tagged: Law clerks   Delhi HC   Delhi High Court Bar Clerks Association   Legal Notice   Social Benefits   Pension   Provident Fund  
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