A Small Victory on Workers' Front at IITK

An email circulated to the alumni from Citizen's Forum in wake of securing legally due compensation for death of Shri Jagat Narayan.

Dated: 2011-07-31

Dear Fellow Alumni,

We would like to share with you an incident of positive difference that you have made in the contract workers’ struggle at IITK. With your firm support and Hamara Manch’s (HM's) resolute efforts, Rinki, the widow of Shri Jagat Narayan, (who met with accidental death on June 1, 2011), has won her full legitimate compensation. Although no loss of human life can be compensated by money, but even getting money didn’t come easy.

Due to HM's publicity and concerned Alumni pressure, it is the first time that workers’ deaths were reported to Labour Commissioner. It is a shame that no deaths or accidents prior to these incidents were even reported and, therefore, the issue of legal compensation never even arose.

HM had calculated compensation of Rs 6.96 lakhs for Rinki. Contractor had made attempts to strike deals of lower compensation amounts with the family members without following the court procedures. A sum of Rs. 3 lakhs was paid to Rinki as final compensation. Not satisfied with the less than legal amounts paid to Rinki as compensation, the workers and HM volunteers stood in solidarity with the victims' families and together they appealed to State Asst. Labour Commissioner's (ALC's) office for her due compensation.

Labour authorities in association with IITK officials and the contractor worked out compensation based on old rules of salary ceiling of Rs.4,000/ per month. As per this calculation the contractor was asked to deposit an additional amount of Rs. 1.3 lakh with ALC's Office for disbursement to Rinki. But, rather than cave in, Rinki stood firm and with HM's support demanded the total compensation of Rs. 6.96 lakhs, based on the formula revised in May 2010. Another appeal was filed with the labour commissioner’s office.

A hearing was held in ALC's office over Rinki's claim on 25th July where all sides were present. IITK administration, the contractor and ALC argued against the claim and reiterated the salary ceiling limit of Rs. 4000/- per month for the calculation of compensation. At this point, the lawyer and a HM volunteer representing Rinki, showed the amended version of 'Workmen’s Compensation Act, 1923' now called 'Employees Compensation Act, 1923', according to which the new salary ceiling for the calculation of compensation was Rs 8000/- per month effective 31 May 2010 [ http://labour.nic.in/ss/Notificaiton/wage%20limit0001.pdf ]. So why is it that neither the ALC nor the legal advisor of IITK who was supporting contractor’s position had any idea of the changes made to the compensation laws a year earlier? And why was the legal advisor of IITK supporting the contractor rather than the victim? After all as the Principal Employer, it is IITK's responsibility to ensure that the workers are not abused.

Rinki's claim of total compensation of Rs. 6.96 lakhs was finally accepted. Regional Labour Commissioner has given a deadline of August 8th for the remaining payment to be deposited.

The struggle won by Rinki and HM volunteers teaches us that our efforts to bring dignity of human labour in the campus can indeed make a difference.

Your letters, comments and petition signatures have acted as a moral pressure on the administration to live up to its legal responsibilities towards these workers. They have also boosted the morale of the workers and Hamara Manch volunteers fighting for the labour rights. We believe that we will secure more victories in the future with your vital support.

Thank you for your continued support. If you have not signed the petition for the Dignity of Labour at IITK, please consider doing so at http://www.ipetitions.com/petition/contract_worker_rights_iitk/ YOU CAN MAKE A DIFFERENCE.

Sincerely,

On behalf of alumni associated with IIT Kanpur Citizens Forum

Amit Singh (IITK 2005 Batch)
Ashok Gupta (IITK 1972 Batch)
Raj Sahai (IITK 1966 Batch)
Shamin Akhter (IITK 2007 Batch)
Sushil Handa (IITK 1966 Batch)
Vaibhav Vaish (IITK 2004 Batch)