8 yrs on,labourers win minimum wage battle in court

The work in question dates back to January 2002 when Gopsing Bilwal and 51 other labourers dug trenches and laid telephone cables for the government-owned BSNL in four localities of Dahod district. They had completed the work in April the same year. The labourers were paid less than the minimum wage set for such works.

Two years later,with the help of Bandhkam Mazdoor Sangathan,Bilwal filed a claim application before the Regional Labour Commissioner (Central),Ahmedabad,who is also the Court of Authority under the Minimum Wages Act,1948,asking for payment of the wage differences.

In 2006,BSNL told the court that although it was the principal employer,it had hired Delhi-based ITI Limited for the contract,which in turn hired Mehsana-based Murlidhar Corporation as sub-contractor. This firm hired one Jigar Patel,a resident of the Sola Road neighbourhood in Ahmedabad,to oversee the work on the spot.

Last year,the parties involved in the case sought an adjournment,saying they were making efforts to settle the dispute out of court. But in July 2009,the case once again came before the court.

Court records show that during the course of the case,representatives of BSNL and Bilwal had visited the work sites to check if the work had indeed been completed and that the labourer’s claims were true. A visit note made by the representatives concluded that the quantum of the work done in 2002 was worth Rs 3.64 lakh. When they compared the visit note to the Measurement Book,which was prepared during the course of the work,there was a “reasonable degree of accuracy”,as it showed that the contractor was paid Rs 3.60 lakh.

Taking responsibility as principal employer and since the contractors and sub-contractors had not responded,BSNL agreed to pay the labourers the amount they demanded.

When the court heard the case again in November 2009,Bilwal and the trade union asked that an “appropriate minimum amount of cost” be granted to cover the costs of what had by then become half-a-decade-old case. But BSNL submitted that the entire situation had not been its direct fault and so it should not be asked to pay the compensation,to which the court agreed.

According to BSNL,48 labourers have been paid the outstanding dues while four others have not turned up.