7 STUDENTS EXPELLED FOR MINIMUM WAGE PROTESTS !!
JNUSU ON INDEFINATE HUNGER STRIKE...6th DAY TODAY !
On 14th November 2006, fifteen construction workers approached JNUSU with the complaint that instead of the 70 rupees they had been promised, they were being forced to accept 65 rupees a day, approximately 1.50 USD for an 8-hour working day. The legal minimum wage for unskilled workers in Delhi was Rs. 127.40 per day (from April 2007, the legal minimum wage has increased to 158 Rs/day). The very next day, the contractors threw these fifteen workers out of work, also refusing to pay them for work done in November. So as to determine the extent of the violations, JNUSU undertook a detailed survey at construction sites on campus. Not only were minimum wages being violated across the campus but there was also an absence of basic facilities like drinking water; no muster rolls were found nor were any crèche facilities available to the workers’ children.
When faced with the demand to pay minimum wages, the contractors Chaudhary and Jiyalal Malhotra stopped work on their sites, for which they blamed JNUSU – a blatant attempt to intimidate workers and students, and shirk responsibility. Work stopped and all the construction workers, being dependent on their daily wages, had nowhere to go. Most had worked for only a week, and have as yet received no payment.
Faced with looming food insecurity and the approaching winter, JNUSU decides to set up a community kitchen. We receive overwhelming support from several quarters: mess workers [who kickstart the kitchen], Mamu, Shombhu and Teflas Canteens [for lending us vessels], JNU Security [for daily transport of food supplies], JNUKA and JNUTA. Each evening, students and workers cook together in the open space behind SSS I [and later near the SCS building.]
Yet, the process is not easy, and the anger is often directed towards the students. The stalemate continues, still the contractor remains adamant and the administration pleads helplessness. Its effectiveness as a tactic can be seen by the fact that of the 60 families employed on the site, none of them remain.
The Contract Labour [Regulation and Abolition] Act, 1970 states that:
“The contractor is required to pay wages and a duty is cast on him to ensure disbursement of wages in the presence of the authorized representative of the Principal Employer. In case of failure on the part of the contractor to pay wages either in part or in full, the Principal Employer is liable to pay the same.” Despite a sustained struggle by students and workers, the JNU administration as Principal Employer took no concrete steps to enforce worker’s rights. Worse still, the contractor-JNU administration nexus stepped up its oppression, destroyed their temporary hutments without letting them know (it is illegal to break them without advance notice) and finally compelled these workers to leave JNU.
On 18 December 2006, JNUSU gave a memorandum of demands to the administration. Six months later, the following demands have still not been met:
[1] Immediate wage payment according to minimum wage rates.
[2] We strongly condemn the violent destruction of workers jhuggis by the contractor-administration nexus and demand that compensation be paid to workers
[3] An independent enquiry committee be constituted comprising of both JNUTA and JNUSU representatives to look into various malpractices of the engineering department and administration.
[4] We once again demand a time bound assurance on the following commitments:
· Details of all work taking place inside JNU, including estimates and names of contractors, must be provided.
· The records of work which is being done with public money be made transparent and available for all
· Muster rolls to be issued and displayed at worksites and a copy made available on demand.
· Proper medical facilities along with worksite facilities be provided to workers for their period of work inside JNU. The JNU Health center facilities should be extended to the workers.
· Issuance of job cards
· Fix days for wage payments for workers at each site.
[5] We demand a complete refund of the expenses incurred in the running of the community kitchen.
It took over two months to get a response from the administration on the memorandum. The response that was ultimately given is no more than eyewash, failing to seriously address any of the issues raised by the students union. JNU Administration believes that it has neither legal nor moral responsibility towards those working on campus, nor does it seek to make the contractors accountable. Not only did they deny their responsibility as principal employers, they also denied access to muster rolls and other public documents. Their refusal to look into corruption and faulty construction was accompanied by a complete silence on a need for a mechanism to ensure compliance with labour law.
As we found, these were not isolated incidents, but the problem of underpayment and casualisation is extremely widespread. In December, JNUSU was approached by a group of safai karamcharis and gardeners, employed by the private firm Vayudoot, who are being paid far below the legal minimum wage. Instead of the legal wage of at least Rs 3312 for safai karamcharis (unskilled workers) and Rs. 3736 for gardeners (skilled workers), they have been promised Rs. 2500. Here again, for raising their voices, wages have been delayed, depressed and denied. 46 gardeners have been thrown out and safai karamcharis are working under the imminent threat of retrenchment.
More workers approached the students with their grievances, the electricity department workers were also retrenched and went on a relay hunger-strike. The administration refused to even talk to them while they sat outside, waited patiently and their strike continued for more than 45 days. The administration continued to refuse even meeting with the JNUSU. So, we file an RTI. We demanded all details regarding tenders, contracts, muster-rolls (records of wage payments) and the break-up for material cost and labour cost in the contracts since the year 2000. This RTI was filed on the 19th of January, and so the deadline for providing information was 5 pm, February 19, 2007. The JNU administration made no effort to contact JNUSU and provide the requested documents. Some documents were provided in early March which expose the irregularities and illegal contracts signed by the administration.
In February 2007, the union was also approached by mess workers of the new hostel messes. These are messes in Lohit, Chandrabhaga and Mahi Mandavi hostels run through private contract. Not only was minimum wage being violated (Rs. 2100 for helpers and Rs. 3100 for cooks instead of Rs. 3312 and Rs. 4500) but the contracts themselves were found to be illegal in that less than minimum wages were stated on the contract itself [signed by the Dean of Students Welfare], and from this further money was siphoned off by the contractor. The workers complained that their demand for better worksite facilities was never responded to by the contractors, who also siphoned off the cooking materials they were supposed to provide.
Even the manual scavengers, employed through Naya Savera (an NGO), are being gravely underpaid and work without any safety equipment like gloves. Their garbage carts have deflated tires and they are routinely threatened and abused.
While several workers have been retrenched, threatened, abused and beaten, JNUSU did manage to make some interventions and enforce minimum wages on campus. The mess workers are now receiving minimum wage and their illegal contracts have been rewritten. The Vayudoot workers are also being paid minimum wages and money is not deducted for uniforms anymore. Arrears amounting close to 2 lakh rupees have been paid after students put pressure on the administration and the contractors. Although construction workers are not getting the legal minimum wage, the prevailing rate on campus for them had gone up.
On Monday 19th February, 2007, after a 3-day Sit-in by JNUSU with the electricity workers at the Administration Block, a demonstration was organized at 1 pm to protest against the injustice done to all the workers on this campus and the tearing of JNUSU posters at the admin block. The previous night, students had put up engaging and witty posters on the wall of the Ad. Block had painted slogans on newspaper sheets which were placed on the stairs at the administration building and all the schools on campus, declaring ‘Don’t Step Over Workers’ Rights’. This was in the best creative traditions of the student movement and was subtle satire at its best – and surely deserved a mature response from the University authorities. Instead, Early next morning, Registrar Avais Ahmed ordered the posters to bewashed out and torn immediately, and repeated requests for a meeting with authorities to discuss the workers’ issue were denied outright.
Incidentally, Avais Ahmed ordered for the posters to be torn half-an-hour before the visiting delegation from Spain accompanied by the Spanish Vice-President arrived. In response, the JNUSU called for a protest demonstration at 1 pm the same day. After 4 hours at the demonstration, the Registrar still refused to talk to the peacefully protesting students as he left the building. Agitated students surrounded the car and requested him to negotiate on the issue. The security was called in and tried to restrain the students with ropes.
When faced with the demand to pay minimum wages, the contractors Chaudhary and Jiyalal Malhotra stopped work on their sites, for which they blamed JNUSU – a blatant attempt to intimidate workers and students, and shirk responsibility. Work stopped and all the construction workers, being dependent on their daily wages, had nowhere to go. Most had worked for only a week, and have as yet received no payment.
Faced with looming food insecurity and the approaching winter, JNUSU decides to set up a community kitchen. We receive overwhelming support from several quarters: mess workers [who kickstart the kitchen], Mamu, Shombhu and Teflas Canteens [for lending us vessels], JNU Security [for daily transport of food supplies], JNUKA and JNUTA. Each evening, students and workers cook together in the open space behind SSS I [and later near the SCS building.]
Yet, the process is not easy, and the anger is often directed towards the students. The stalemate continues, still the contractor remains adamant and the administration pleads helplessness. Its effectiveness as a tactic can be seen by the fact that of the 60 families employed on the site, none of them remain.
The Contract Labour [Regulation and Abolition] Act, 1970 states that:
“The contractor is required to pay wages and a duty is cast on him to ensure disbursement of wages in the presence of the authorized representative of the Principal Employer. In case of failure on the part of the contractor to pay wages either in part or in full, the Principal Employer is liable to pay the same.” Despite a sustained struggle by students and workers, the JNU administration as Principal Employer took no concrete steps to enforce worker’s rights. Worse still, the contractor-JNU administration nexus stepped up its oppression, destroyed their temporary hutments without letting them know (it is illegal to break them without advance notice) and finally compelled these workers to leave JNU.
On 18 December 2006, JNUSU gave a memorandum of demands to the administration. Six months later, the following demands have still not been met:
[1] Immediate wage payment according to minimum wage rates.
[2] We strongly condemn the violent destruction of workers jhuggis by the contractor-administration nexus and demand that compensation be paid to workers
[3] An independent enquiry committee be constituted comprising of both JNUTA and JNUSU representatives to look into various malpractices of the engineering department and administration.
[4] We once again demand a time bound assurance on the following commitments:
· Details of all work taking place inside JNU, including estimates and names of contractors, must be provided.
· The records of work which is being done with public money be made transparent and available for all
· Muster rolls to be issued and displayed at worksites and a copy made available on demand.
· Proper medical facilities along with worksite facilities be provided to workers for their period of work inside JNU. The JNU Health center facilities should be extended to the workers.
· Issuance of job cards
· Fix days for wage payments for workers at each site.
[5] We demand a complete refund of the expenses incurred in the running of the community kitchen.
It took over two months to get a response from the administration on the memorandum. The response that was ultimately given is no more than eyewash, failing to seriously address any of the issues raised by the students union. JNU Administration believes that it has neither legal nor moral responsibility towards those working on campus, nor does it seek to make the contractors accountable. Not only did they deny their responsibility as principal employers, they also denied access to muster rolls and other public documents. Their refusal to look into corruption and faulty construction was accompanied by a complete silence on a need for a mechanism to ensure compliance with labour law.
As we found, these were not isolated incidents, but the problem of underpayment and casualisation is extremely widespread. In December, JNUSU was approached by a group of safai karamcharis and gardeners, employed by the private firm Vayudoot, who are being paid far below the legal minimum wage. Instead of the legal wage of at least Rs 3312 for safai karamcharis (unskilled workers) and Rs. 3736 for gardeners (skilled workers), they have been promised Rs. 2500. Here again, for raising their voices, wages have been delayed, depressed and denied. 46 gardeners have been thrown out and safai karamcharis are working under the imminent threat of retrenchment.
More workers approached the students with their grievances, the electricity department workers were also retrenched and went on a relay hunger-strike. The administration refused to even talk to them while they sat outside, waited patiently and their strike continued for more than 45 days. The administration continued to refuse even meeting with the JNUSU. So, we file an RTI. We demanded all details regarding tenders, contracts, muster-rolls (records of wage payments) and the break-up for material cost and labour cost in the contracts since the year 2000. This RTI was filed on the 19th of January, and so the deadline for providing information was 5 pm, February 19, 2007. The JNU administration made no effort to contact JNUSU and provide the requested documents. Some documents were provided in early March which expose the irregularities and illegal contracts signed by the administration.
In February 2007, the union was also approached by mess workers of the new hostel messes. These are messes in Lohit, Chandrabhaga and Mahi Mandavi hostels run through private contract. Not only was minimum wage being violated (Rs. 2100 for helpers and Rs. 3100 for cooks instead of Rs. 3312 and Rs. 4500) but the contracts themselves were found to be illegal in that less than minimum wages were stated on the contract itself [signed by the Dean of Students Welfare], and from this further money was siphoned off by the contractor. The workers complained that their demand for better worksite facilities was never responded to by the contractors, who also siphoned off the cooking materials they were supposed to provide.
Even the manual scavengers, employed through Naya Savera (an NGO), are being gravely underpaid and work without any safety equipment like gloves. Their garbage carts have deflated tires and they are routinely threatened and abused.
While several workers have been retrenched, threatened, abused and beaten, JNUSU did manage to make some interventions and enforce minimum wages on campus. The mess workers are now receiving minimum wage and their illegal contracts have been rewritten. The Vayudoot workers are also being paid minimum wages and money is not deducted for uniforms anymore. Arrears amounting close to 2 lakh rupees have been paid after students put pressure on the administration and the contractors. Although construction workers are not getting the legal minimum wage, the prevailing rate on campus for them had gone up.
On Monday 19th February, 2007, after a 3-day Sit-in by JNUSU with the electricity workers at the Administration Block, a demonstration was organized at 1 pm to protest against the injustice done to all the workers on this campus and the tearing of JNUSU posters at the admin block. The previous night, students had put up engaging and witty posters on the wall of the Ad. Block had painted slogans on newspaper sheets which were placed on the stairs at the administration building and all the schools on campus, declaring ‘Don’t Step Over Workers’ Rights’. This was in the best creative traditions of the student movement and was subtle satire at its best – and surely deserved a mature response from the University authorities. Instead, Early next morning, Registrar Avais Ahmed ordered the posters to bewashed out and torn immediately, and repeated requests for a meeting with authorities to discuss the workers’ issue were denied outright.
Incidentally, Avais Ahmed ordered for the posters to be torn half-an-hour before the visiting delegation from Spain accompanied by the Spanish Vice-President arrived. In response, the JNUSU called for a protest demonstration at 1 pm the same day. After 4 hours at the demonstration, the Registrar still refused to talk to the peacefully protesting students as he left the building. Agitated students surrounded the car and requested him to negotiate on the issue. The security was called in and tried to restrain the students with ropes.
February 19 was an unfortunate day in the history of our University. The events of that day arose out of a closing down of dialogue on part of Administration with the students and workers on the crucial issue of workers’ minimum wages. The JNU student movement has never indulged in any manner of intimidation or violence, and rather has always firmly upheld justice, dialogue and democracy. The JNU administration, on the other hand, signed illegal contracts, shielded systemic corruption, oppressed workers, not taken responsibility as Principal Employer and targeted students. They have violated several labour laws repeatedly as well as the Right to Information Act.
For the previous three months, too, the JNU student community has raised the issue of violation of workers’ minimum wages with exemplary humanism and responsibility: organizing a Community Kitchen for retrenched workers; relying on the letter and spirit of labour laws of our land and JNU’s own regulations; painstakingly documenting the wage rates of working conditions of daily wage workers on campus; and ensuring payment of wages and arrears at legally stipulated rates to various sets of workers through physical presence and vigilance of students. Most of these, ideally, are tasks that the University authorities are mandated to take up on their own responsibility, but for the past three months, it was done by students with enormous investment of effort and energy; inspite of threats issued by the contractors. Despite repeated appeals, however, the students received nothing but vague oral assurances (which would invariably be violated) and no written assurance on part of the JNU Administration, acknowledging their legal responsibility as the Principal Employer to ensure legal minimum wages and proper working conditions to workers. Rather, there was an effort to keep public documents like muster rolls from being made available for scrutiny, and even a demand under the RTI Act had received no response. The RTI application was filed on 19th January and it took the administration more than 40 days to respond. The documents accessed through the RTI application confirmed worst fears. Agreements made were below minimum wages in several cases and over years, the amounts sanctioned by JNU administration had even decreased over the years. JNUSU is in possession of actual documents of contracts made by the administration, which completely expose the false claims made to cover up labour law violations.
This was the situation that led to the highly unfortunate impasse with the Registrar. At no point did the students have any intention of intimidation – the overriding demand was one for dialogue on the workers’ issue. While an impasse did occur, it would have been broken as soon as a proposal for productive and positive meeting with authorities to discuss the workers’ rights had been agreed to. Unfortunately, this did not happen. However, it was eventually students who broke the impasse, unconditionally at the behest of the faculty.
A meeting to resolve the worker’s issues once and for all was promised for the next day. However, what began was a systematic crackdown on the student’s movement on campus. The very next day, 3 JNUSU office bearers, Dhananjay, Sandeep and Jyotsna were suspended alongwith the GSCASH representative, Pooja and 5 other students were suspended and their studentship was withdrawn with immediate effect. This was an unprecedented assault since no inquiry was conducted to implicate them and they targeted inspite of the presence of atleast a 100 other students and workers. The JNUSU Council took collective responsibility for the protest on the 19th of February and passed a resolution against the individual targeting of students which was reiterated at a University GBM that followed. Apologies were given by individual students as well, and after much effort, all the suspensions were revoked by the end of March and the administration relented. Or so we thought.
On the 26th of May, Saturday, a Naya Savera worker Vinod, was brutally beaten up by the Chief Security officer M. S. Cheema and other Group 4 security guards on the suspicion of stealing a cellphone. He was detained for 3 hours, thrashed, 5000 rupees were extracted from his contractor (who would deduct the money from his salary) and then handed in to the police. When students inquired, it emerged that the worker was innocent and the extorted money was with Group 4. A case was filed at the Vasant Vihar police station and the JNU Equal Opportunity office. On Monday, 28th May, a final show cause notice was issued to the previously targeted students, as well as two other students who had not been suspended in February, most of whom were at home due to the summer semester break. JNUSU responded to the show cause notice this time as well, and reiterated the collective responsibility taken by the JNU student community and demanded worker’s rights to be ensured on campus. Following this, on the 22nd June seven students were punished: three received rustication notices for four semesters, four students for two semesters and two students have been declared out of bounds. The JNUSU President, General Secretary and Joint Secretary were fined Rs. 2000 each for not ‘restraining’ protesting students.
Such punishments were absolutely unacceptable to the student community who recognized them as one more step in the administration’s insidious attempts to depoliticize the campus and deviate attention from the violations of labour laws and corruption that the students had unveiled. JNUSU immediately stepped up its protest with a relay hunger strike that began on 23rd June. It took a position of absolutely no punishments for a collective protest, in which it was also supported by the JNU Teachers’ Association (JNUTA). JNUTA unanimously passed a resolution in the EC meeting on 25th of June condemning the actions of the administration and demanded immediate withdrawal of all rustications. The students have also been supported by several progressive civil society groups and prominent individuals from outside the campus both in the fight for minimum wages and against rustications. The Peoples’ Union for Democratic Rights (PUDR) brought out a report entitled “Fettered Lives” on the condition of contract labour in JNU where they substantively reinforced the earlier findings of JNUSU. An open letter addressed to the Vice Chancellor was signed by Prof. Uma Chakravarti, Sumit Sarkar, Nivedita Menon and others demanding an end to the punishments and constitution of enquiries into the labour law violations on campus.
After students were evicted from their hostels on 29th June, JNUSU began an indefinite hunger strike. The President and Vice-President of JNUSU along-with 5 other students have completed 5 days on the indefinite hunger strike today since the administration has refused to negotiate on the set of demands made by JNUSU.
Clearly, JNU Administration is the Principal Employer. Clearly, the evidence of corruption that has surfaced, is just the tip of the iceberg. Why else does the principal employer aim helplessness before the contractors and then work in tandem with them to destroy the workers dwellings? Why does the Vice-Chancellor rusticate students instead of punishing corrupt officials? Why are protesting students declared out of bounds while the Chief Security Officer is shielded despite thrashing an innocent worker? The JNU administration has tried to absolve itself of its legal responsibility and turned a blind eye to bonded labour on JNU campus. How can a campus that seeks international repute violate the most basic labour laws of the land? Such is the situation as it prevails today on campus. The point, however, is to change it.
We appeal to all sections of civil society to urgently initiate dialogue to resolve the burning issue of violation of workers’ rights, and to lift the suspension of workers’ and students’ activists and restore democratic functioning of the University.
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