2010-06-25 : Update from Hamara Manch [Arbitrary Institute Orders, June 7 Order, June 15 Circular]

(Related pages: Harassment due to lack of processes and consequent arbitrariness)

Update from Hamara Manch June 2010

The last one month saw a flurry of activities – starting with the reinstatement of the laid off 16 Visitor Hostel workers, the inspection visit of the Regional Labour Commissioner which caught the Institute and its administration with its pants down, followed by the incredible petition signed by over a 1000 alumni. The Institute was bound to take ‘appropriate action’. This came about through two office orders:

• 1. The first dated 7th June, 2010 categorically prohibits all sanitation workers working in the academic area and the hostels from the following activities:

     • Having lunch in the above mentioned areas

     • More than one worker are found sitting together

     • Being found in any place other than their workplace

     • Being found collecting dry twigs

     • Being found plucking mangoes

     • Being found sleeping during work hours

It further stated that the strongest possible action would be taken against those found defaulting on any of the above.

The office order apparently was the fallout of the SE of IWD finding two female sanitation workers resting on the pavement during their lunch break. This offended him so much that he asked them to be suspended for six months. They may have been able to reduce the penalty by appealing to the authorities. Of course nobody asked the relevant question as to why was it a crime to rest during the lunch break, why were no rest rooms (let alone toilets, crèche or canteen facilities) provided for these women, as decreed by the law and also the Institute’s own office orders? These women workers and their male colleagues would have been working since six in the morning. The office order is attached.

• 1. The second office order dated 15th June, 2010 basically retracts several of the promises and commitments made by the Institute towards ensuring the legal rights and privileges of the contract workers in their office order dated 16th September, 2007. The most significant being that the contractors have been given complete discretion regarding employing and firing of contract workers and it has been emphasized that this issue does not in any way concern the Institute. The Institute is only concerned about getting good services and the rest is between the contractors and their workers.  This completely undermines the legal obligation of the Institute as a principal employer. Further it also effectively withdraws the assurances that firing of contract workers would have to follow a due process and the contractor is answerable to a Grievance Committee on the issue. Please find attached the office order.

Attachments: notice_safaiKarmchari-1.pdf, Office Order-150610.pdf