‘BMC has yet not honoured 2017 SC judgment on contract workers’

Q – What did you realise while talking to them?

A – When we used to tell them about eight-hours duty rule, they told us it was impossible to work so less that they would get only Rs 60 per day. They had accepted that they won’t get any benefits. We first started working on their health. A list of around 1,000 workers was prepared highlighting health problems such as skin and fungal problem, eye irritation, spinal cord problems. Our first hunger strike was in 1997, which was the 50th year of Indian Independence, for the right of water to these workers. The success of this agitation gave these workers hope.

Q – When did you first approach the court?

A – In 1997, we filed a case in Bombay High Court as Kachara Vahtuk Sharmila Sangh. After we won, BMC went to Supreme Court in 1999 from where we were sent to the Industrial Tribunal in 2001 and all 1,240 workers were made permanent through out-of-court settlement in 2003.

Q – How did it impact contract worker system?

A – This led to what became known as Hyderabad Pattern. A formula was devised as per which nomenclature was changed to avoid making contract workers permanent. Contractors were termed as NGOs, contract worker was termed as volunteer, wages or salaries was called honorarium. To avoid implementation of labour laws, instead of 20, only 18 workers were to be hired from each contractor. Contract period was made of 210 days instead of 240. Mumbai saw appointment of around 5,000 workers under this. From 2004, we started uniting them and again approached the court in 2007 in Industrial Tribunal. It went on till 2014 where we won. We again won in Supreme Court in 2017 and around 2,700 workers were made permanent.

Q – Did BMC accept the loss in court sportingly?

A – Initially, the civic body tried to disqualify 2,400 names citing spelling mistakes in PAN and Aadhaar cards. We took it to (Devendra) Fadnavis when he was the Chief Minister. He understood the gravity of the situation and ordered in our favour. But, even today, after five years, not a single worker out of these 2700 has received all dues from the BMC. Kin of those who died haven’t got the jobs yet. No arrears have been paid. We have filed contempt petition in the Supreme Court.

Q – Did established BMC unions help you?

A – It is unfortunate that permanent workers’ union did not help contract workers at all. All dirty work is given to a contract worker. We held numerous agitations but the recognised unions never worked for them.

Q – What is the caste and class identity of these workers?
A – All these workers are Dalits. They have 100 per cent reservation in this. An educated person from upper caste prefers to remain unemployed but does not get in to this line of work. It is like 100 per cent reservation for Dalits and nobody protests against this reservation. Over the years, Gujarati and Marwari contractors have left the business and even many of the present contractors are Dalits. But that does not ensure that Dalit contract workers would get minimum wages.

Q – What is your opinion on the argument to modify Indian Labour laws?

A – Despite labour laws, the contract labourers here have no Provident Fund, no minimum wages rule, no permanency. And (PM Narendra) Modi government says that these laws are against owners and need to change for the sake of ease of doing business. This change in labour laws is ease of exploitation of workers. A worker is punished for going on strike but the owner can get away even after not paying minimum wage. Modi washes legs of contract workers. Instead, he should ensure that they get at least minimum wage. All leaders showcase photos with brooms while sweeping but nobody bothers to address issues of these workers.