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Unbridled Oppression by Contractors, Arbitrary Functioning of Officials and Lack of Due Process for Contract Workers at IITK: The Case of Electrical Worker Vimal
On a daily basis, over 2500 contract workers on campus ensure the smooth functioning of the institute with the sword of uncertainty hanging over their heads. Subject to arbitrary firing or ‘baithiki’, contract workers have no access to any due process or possibility of redressal from Institute officials. With no check from the principal employer, contract workers function within a debilitating atmosphere of fear, making it impossible for them even to speak up for their rights.
The case of Vimal epitomises this callous arbitrariness of Institute officials, as well as the tremendous courage and dignity displayed by contract workers in the face of such conditions. A short summary of the case is given below; a more detailed report is attached as a PDF file.
Background
Vimal is a skilled electrical worker who worked for M/s Kapoor Electricals from 2009 to 2011.
Till January 2011, Vimal was paid only Rs. 2500 per month, though he was made to sign for the full semi-skilled rate (about Rs. 7000 per month).
In January 2011, Vimal and a few co-workers filed a complaint against the contractor with the Minimum Wages Monitoring Committee (MWMC). The contractor immediately gave them indefinite baithiki claiming lack of work.
After 5 months, and repeated complaints, MWMC finally found their complaint to be valid.
In July 2011, Vimal and his co-workers were taken back to work and also started receiving full payment, albeit at the unskilled rather than the semi-skilled rate.
The contractor began to regularly harass the reinstated workers, making them do various non-electrical tasks, ranging from masonry to digging. When Vimal was asked to dig a 16 feet hole, he refused to comply, and was immediately given indefinite baithiki once again.
When Vimal continued to demand his rights, the contractor fired Vimal on October 31, 2011. The contractor also informed the MWMC about this termination.
During this period of uncertainty, Vimal and family also suffered the tragic loss of a child hours after its birth.
Delays, Brush-offs, Negligence by Institute Officials
6 months (Jan. to June 2011) between first complaint to MWMC regarding wages being taken back and reinstatement to work. No provisions for backwages for these six months or earlier.
No action as of yet on Vimal’s November 2011 complaint against unfair dismissal. Case allegedly sent ‘outside’ for investigation.
Vimal’s February 2012 application to MWMC requesting help with getting his EPF still pending; the only EFP number given to him was incorrect. Furthermore, MWMC claims that Vimal is NOT entitled to any EPF till January 2011 since he ‘officially’ received more than Rs. 6500 per month, even though MWMC’s own investigation found that wages were being taken back from Vimal who was being paid only Rs. 2500 per month.
When under alumni pressure, the DRPG looked into the case in December 2011, he contacted only the contractor directly, while Vimal was summoned through others even when DRPG had access to Vimal’s phone number.
After just one hearing with Vimal, DRPG dismissed the case claiming that both sides had some merit, and he did not have the time/ resources to pursue the case any further.
NO action has been taken against the contractor for his illegal taking back of wages or unfair baithiki, even though both were accepted by MWMC as is evident by Vimal’s being hired back in July 2011.
Conclusion
It is clear from the above that even as IITK celebrates its 52nd anniversary as a world-class institute, unfortunately when it comes to the situation of contract workers, absolute anarchy prevails on campus. There are no formal rules/ regulations in place, no transparent due process, and no accountability of any kind for the contractors, even though IITK as the principal employer is bound by law to ensure that these exist and are effectively implemented. And as a result of this blatantly unfair and illegal situation, contract workers live in an atmosphere of terror, never sure of when, and for what reason, they may lose their livelihoods. Vimal had the courage to speak up even within this reign of terror, and is now facing the consequences of his action.
In light of the above, we demand the following:
Reinstatement of Vimal with all due back wages and EPF.
Punishment of the contractor for blatantly violating minimum wage laws
An immediate order from Institute authorities stopping such arbitrary firing by contractors
The formulation of transparent due-process procedures to handle all contract workers’ grievances that provide space for their voices to be heard through proper representation, while protecting them from any retaliation by the contractor.
The formulation of transparent policies for the hiring of new workers by contractors, especially during an ongoing contract, to ensure that workers are not arbitrarily replaced and that all new workers are properly registered to receive their due wages.
We will educate ourselves, build solidarity and agitate for our rights!
Hamara Manch
Attachment: Vimal case long version.pdf
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