Malaise of arbitrary firing and baithki at IITK campus

To: Director, IITKCC: DRPG; Convenor, FF; Chair, MWMC; Previous Chair, MWMC; President, AA; Past President, AA; President, IITKF; Chairman, IITKF; Subject: Malaise of Arbirary firing and baithki at IITK campusDate: Tue, 18 Dec 2012 15:42:47 +0000Prof. Indranil Manna,

Director, IIT Kanpur

Dear Prof. Manna,

We would like to bring your attention to a serious malaise prevailing at IITK campus regarding the abusive use of arbitrary firing and forced temporary suspension (baithki) of contract workers by private contractors. Whenever workers raise their voice against non-payment of wages, enquire about their ESI/EPF (insurance and provident fund), speak against harassment in form of unassigned duties or humiliation or bring forward their work related grievances, they face the risk of baithki or job loss. Any worker attempting to seek a redress either through MWMC or by any other means can be subject to severe punishment as firing or baithki. The labour laws exist, the institute obligated to protect workers' rights as the principal employer contends that it follows them and yet an atmosphere of intense fear prevails. It is worrying that this can happen in democratic India. This situation is not just reprehensible but is truly embarrassing in a community where residents are highly educated and who (one would presume) would be very sensitive to the issues of freedom of expression and respect for fundamental rights of all citizens irrespective of their economic class or status.

The Institute has constituted no proper mechanism to redress workers’ grievances. Workers can file their complaints with MWMC, which has been largely ineffective in addressing the lodged complaints. In addition, the Institute has not helped by issuing a circular dated June 15, 2010 with its declaration of making the firing of workers as contractor’s domain. Instead of assuming its responsibility as the principal employer, IITK seems to have forfeited it by issuing this circular against its workers who provide a valuable and indispensable service to the IITK community.

The root of the problem in all of these cases is lack of a proper mechanism through which workers can express their grievances without risking their job or baithki. The MWMC has not been able to deal with this problem satisfactorily. It either seems to ignore or delay investigating filed complaints and when it does find the worker‘s complaints valid, it does not proceed on the complaint to reach its just conclusion, which would mean correcting the wrong done to the worker with due compensation and punishing the contractor. In most cases, the MWMC ‘informally’ asks the contractors to abide by the laws and reinstate the worker if s/he has been fired arbitrarily. Sometimes contractors comply to this informal request but continue to harass the particular complainant by giving him/her baithki and eventually they fire the complainant permanently. This seems to happen over and over again. It seems to have become a Catch-22 situation for workers. MWMC aims to work upon workers' complaints and deal with the related disputes, but when workers lodge a complaint and contractors come to know about it, then they are fired even when MWMC finds the complaint valid. The MWMC has not been able to deal with this problem satisfactorily probably because it has no formal mandate to handle grievances.

Some instances of arbitrary firing are following:

- In October 2012, there was a change of Mess contractors at Hall VIII, five employees were fired (one was rehired shortly in Hall V) by the new contractor M/s Kanaka after demanding resumes of the workers. Three of them had served the Institute for very long time (10 year, 8 year and 6 years service). Same workers were also victims of extended baithki by the previous contractor M/s Bedi and Bedi under accusations, which were found to be baseless by mess warden, who asked the workers to be taken back. These workers were punished by the previous contractor on the basis of unsubstantiated allegations, yet their firing was justified by the new contractor on the same old unproven 'offenses'. (Appendix A)

- Last year two Front Desk clerks from Visitors Hostel (VH) Mr. A████ & Ms. A████ were fired by the contractor M/s N. Kumar & Assoc. without any explanation. According to the contractor they were dismissed according to the orders from Institute officials (http://iitkcf.appspot.com/EIsHfP). It is clear that the Institute officials play an important role in hiring/firing of workers, and therefore June 2010 Circular's guidance that hiring/firing should belong to contractor's domain loses even its official meaning.

- Vimal was an electrical maintenance skilled worker with an ITI diploma who has reported the contractor’s abuse with multiple complaints hoping for support from MWMC. Below are the chronological developments in Vimal’s case. (For full story see Appendix B)

- Vimal and his-coworkers were given semi-skilled wages (Rs 7000) in MWMC office despite the skilled nature of their work, but the entire amount was taken back and they were paid Rs 2500.

- In January 2011, they filed an anonymous complaint with MWMC, which was never investigated. Though they did receive immediate and a very long baithki.

- In July 2011, Vimal complained again and he along with others was hired back after an investigation by MWMC.

- In September 2011, Vimal complained again about his wages and work status, both of which had been reduced to unskilled, this complaint was found valid by MWMC (MWMC meeting, October 12, 2011) and contractor was asked to remedy the situation.

- On October 31, 2011 Vimal was officially fired citing downsizing on account of financial constraints.

- A year later, Vimal is struggling to collect his EPF. In March 2012 he was given his EPF number, which was incorrect. He has brought this to MWMC's attention and is still waiting.

- No action was taken against the contractor despite the fact that MWMC found his complaints valid, not only once but twice. On the other hand, MWMC made sure that Vimal keep making rounds of authorities' offices without getting substantial results. When some concerned alumni (1972 batch) brought up the issue with DRPG, they were assured a prompt response. Unfortunately, the information provided by DRPG’s office to the President of Alumni Association was inaccurate, possibly false or fabricated (Inaccurate claims through DRPG office Appendix C). The references to all the correspondence between Vimal & MWMC or contractor is provided in Appendix D. (Also see the HM report http://iitkcf.appspot.com/wMbJOj).

What is truly shocking to us that this is a case of déjà vu. In 2008, during construction of Environment Building, there was dismal abuse by the concerned contractor who did not pay workers minimum wages as per their skills and also took the money back to later pay only fraction of the wages. When they complained, twenty five of them were fired. (https://sites.google.com/site/iitkcfdevelopment/case-studies/wages/environmental-building). We hope to write to you in detail on the Environment Building case in near future. Four years later nothing seems to have changed. It makes us wonder if there is some kind of regular complicity between some Institute officials and the contractors. We hope this is not the case but we are hard pressed to think otherwise. Moreover, not paying minimum wage amounts to forced labour as per Supreme Court Justice Bhagwati’s ruling (Sections 4.4 & 5.9 of the judgement http://indiankanoon.org/doc/496663/).

With the June 2010 circular, the Institute has given the abusive contractors a carte blanche by according them even more powers. This runs counter to the spirit of ‘Check and Balance’, which the Indian labour code seems to suggest by assigning important responsibilities to the principal employer. Consequently, contractors and even IIT personnel end up contributing towards exploitative working conditions & arbitrary firings.

The issue at the center of all this abuse is the lack of any due process of handling workers’ complaints or issues of arbitrary firing. If proper rules and regulations will be in place and the contractors will be made accountable, this abuse would likely not occur.

We believe that where the laws are very clear, the Institute has not been able to implement the laws (minimum wages, EPF, working environment) but where laws are not explicitly defined and are left to interpretation i.e. spirit of the law, IITK seems to have delegated free rein to the contractors who take full advantage and continue the violations. Most of the contracts mentioned above employ workers whose work is of perennial nature. According to Indian laws, in principle, perennial work should not even be contracted out.

We, the alumni concerned with the welfare of workers at our Alma Mater, request you following:

- Circular dated June 15, 2010 be revoked immediately. An immediate order be issued from the Institute authorities stopping such arbitrary firing by contractors.

- Clear written guidelines for a due process be established and both Institute officials and thecontractors be instructed to follow them strictly. The process should provide clear provision for handling workers’ grievances while protecting them from any retaliation from the contractor.

- Complaints should be addressed and investigated in specified time, during which, workers should not be fired or penalised in any way.

- So that the system entails transparency, investigation reports should be available to anyone interested.

- Contractors engage in violation of labour laws should immediately be disciplined at the risk of cancellation of contract and being black listed.

- If the number of workers is to be reduced due to budgetary constraints, workers with shorter tenure may be asked to leave or accommodated to find another employment within campus. It is harder for senior workers who have established themselves in the area for a few years, to uproot themselves.

- Transparent policies be formulated for hiring new workers so that the contractors do not arbitrarily replace one with another and to ensure new workers are properly registered to receive their due wages.

- Reinstatement of Hall VIII mess workers, Vimal (electrical), Mr. A████ & Ms. A████ (VH) with all due back wages, EPF, interest accrued on wages and EPF and compensation for harassment and forced job loss.

- The archaic and cruel practice of baithki be immediately abolished. This will not just be fair to the workers but also to the Institute, which has been paying the workers’ salary with contractor presumably keeping it for himself.

As we have stated in the past in our communications with the Institute, we would like to make it absolutely clear that our criticism is not personal on any of the faculty members or Institute officials. It is a criticism of the system as to how it is not at all working.

Professor Manna, over last five years, in our attempt to understand and campaign for the human rights of contract workers, we have observed that the situation has either deteriorated or stagnated. We have a sincere hope that with the appointment of a new Director, there will be an overhaul through the system with a truly positive outcome.

With best regards,

Sushil Handa (1966 batch), On behalf of Citizens’ Forum

c.c. Dr. C. S. Upadhayay, Convenor Faculty Forum (████@iitk.ac.in)

Dr. Manindra Agrawal, DRPG (████@iitk.ac.in)

Dr Purnendu Bose, Chair MWMC (████@iitk.ac.in)

Dr. Munmun Jha, Previous Chair MWMC (████@iitk.ac.in)

Dr. Ashok Gupta, President Alumni Association (████@ohio.edu)

Mr. Rakesh Pandey, Past President AA (████@gmail.edu)

Mr. Ram B. Misra, Chairman IITK Foundation (████@yahoo.com)

Mr. Abhay Bhushan, President IITK Foundation (████@aol.com)

Encl. Appendices:

A: Mess Workers Hall VIII Report