JNUSU Memorandum

JNUSU MEMORANDUM SUBMITTED TO VICE-CHANCELLOR, RECTOR, REGISTRAR, DEAN, JNU ENGINEERING DEPARTMENT ON 18 DECEMBER 2006.

STATUS: STILL AWAITING RESPONSE FROM JNU ADMINISTRATION!

Taking into account the developments on campus during the past month, JNUSU puts forward the following Charter of Demands:
[1] We reiterate our demand that the remaining wage payments be made for the School of Physical Sciences site by Jiyalal Malhotra and Company. We would also like to remind the administration that in a meeting with Professor Kale on 5th December, the assurance was given that these payments would be made. On 1st December, a part of the wage payments for work done at this site were made according to the muster roll provided Jiyalal and company. Consequently there have been several discrepancies in the payment: the names of several laborers were missing from the muster roll although they had worked for several weeks at the site. Furthermore, all laborers were given minimum wages for unskilled work, whereas there were also skilled workers [masons] whose labor was employed. Confronted with such discrepancies, the JNU engineering department in the presence of JNU faculty [Prof. Rohan d’Souza and Prof. Kamal Mitra Chenoy] and students seized and sealed the muster rolls. Having ascertained the correct wage claims by type of work, we demand the immediate opening of the seized muster roll and vouchers and handing over of their copies to JNUSU. We would like to remind JNU administration of its responsibility in terms of agreements already reached and call upon it to ensure that full wage payments are made for this site.

[2] On 14th December 2006, under instructions from the JNU engineering department , the contractor for the substation, Chaudhary came in the morning and set about breaking the hutments of the laborers. At that time all the laborers were away at work and only their small children were at home. The action of the contractor was both violent and arbitrary and could have led to serious injury. We strongly condemn the fact that such an illegal and inhumane action could be taken, that too without even informing the laborers beforehand. While JNUSU has been engaged in a discussion with the administration on this very issue, it is amazing that such heavy handed tactics were used to intimidate the workers. We sternly warn the administration to desist from such tactics. Also, the contractor must be made to pay Rs. 1000 per hut destroyed by way of compensation to the laborers.

[3] Dharamvir Singh of the Engineering Department has been consistently trying to intimidate both students and workers engaged in the struggle for minimum wages. It was under his instruction that the order was given to break the laborer’s huts. He has also persistently interfered in the process of wage payments by seeking to reduce and limit the wages that the contractors were undertaking to pay. His interference in the matter is all the more remarkable given that he made no attempt at any point to stop the gross violations of labor laws that were taking place on campus. Further, when four families of laborers were provided work on campus, Dharamvir Singh approached the contractor questioning why these people were given employment since they were responsible for the agitation of campus. The contractors themselves say that they have been undertaking various activities in campus under his orders. Let us remind administration that this is the officer in charge of water supply, under whose supervision twenty JNU tankers have been rusting and falling into disuse. Given his record of interference and non-performance of duties, we demand the suspension of Dharamvir Singh on these grounds and also call for the constitution of an enquiry committee, independent of the engineering department and comprising both JNUTA and JNUSU representatives to look into the malpractices of the engineering department.

[4] When the issue of labor rights was first raised on campus, on 22nd November the student representatives of JNUSU met with the administration and extracted a number of commitments on the issue. Till date most of these commitments are yet to be honored, although nearly a month has passed. 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, be provided.
· The records of work which is being done with public money be made transparent and available for all so that there is accountability which can be ensured and such gross violations of workers rights be checked.
· Muster rolls to be issued and displayed at worksites and a copy made available on demand.
· Ensure minimum wages be paid to workers.
· 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.
We would also like to make it clear that the promise of providing these records and facilities cannot be used as an excuse to suspend work as has been done by the engineering department over the past month.

[5] When faced with the demand to pay minimum wages, the contractors Chaudhary and Jialal Malhotra stopped work on their sites. As a disciplinary measure, workers who asked for minimum wages were retrenched This stoppage of work is being made out by the contractors as a result of the activities of the student union, but was in fact an attempt to discipline workers, to scare them into submission. Since these laborers are dependant on their daily wages for survival, this was an attempt not only to shirk responsibility but to intimidate and control workers. Its effectiveness as a tactic can be seen by the fact that of the 60 families employed on the site, only three remain. We demand that administration not plead helplessness [since it is the principal employer] and instead pressurize CPWD to restart work on both of these sites immediately. The JNU administration should refrain from alleging worker ‘indiscipline’ as the cause for stoppage of work.

[6] The lackadaisical attitude of JNU administration perpetuated a situation where the contractors were able to cease work at the two sites, thereby pushing these workers into a situation of food insecurity and acute deprivation. JNUSU and JNUTA were compelled to step in and run a community kitchen for retrenched workers and their families for an entire month. Due to the ineffectiveness of the principal employer to provide work or wages, we demand a complete refund of the expenses incurred in the running of the community kitchen.

[7] Given the extensive nature of recent construction on campus and the degree of violations and discrepancies that have emerged, we reiterate and stress our demand that the administration provide the student’s union details of all construction works taking place inside JNU, including estimates, accounts, tender documents, contracts and names of contractors, without any unnecessary or protracted delay. In addition, we demand that the administration provide details on the employment and contracts having to do with mess workers, safai karamcharis, gardeners and Group Four Security guards.

[8] Where minimum wages are not being paid to construction laborers, it has also come to our notice that full wage payments are not being made to the safai karamcharis [unskilled workers] and gardeners [skilled workers] on campus. Presently they have all been promised a flat rate of Rs. 2500 per month, whereas they should receive Rs. 3312 and Rs. 3736 respectively. [See JNU Office Order No. 94/ 2006] Wage payments for November and December are pending for over 80 laborers on campus. Vayudoot is claiming that since JNU administration has not released the cheque for payment it is not in a position to make these payments. 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.”

WE DEMAND THE JNU ADMINISTRATION RECOGNIZE ITS RESPONSIBILITIES AS PRINCIPAL EMPLOYER AND ENSURE IMMEDIATE WAGE PAYMENTS TO THESE WORKERS.

ANY ATTEMPTS MADE IN THE INTERIM PERIOD TO THREATEN OR RETRENCH WORKERS WILL BE MET WITH STIFF RESISTANCE.

Within this week we demand a positive response from JNU administration on all issues raised in this memorandum. We reiterate our stance that the administration realize the gravity of the issues at hand, take measures to remedy the violations of worker’s rights in the prevailing situation, and step forward to accept and act upon its responsibilities as principal employer.