Image Courtesy:mymahanagar.com
As many as 580 sanitation workers pumped their fists in the air on July 7, 2021 after Maharashtra’s industrial court declared them permanent workers of the Municipal Corporation of Greater Mumbai (MCGM).
An unrelenting struggle of 25 years has now ensured that every union worker earns Rs. 662 per day and receives customary bonus, 21 day paid leave, weekly off, gratuity, health insurance, etc. Previously, they worked 10 hours a day throughout the year for a daily wage of Rs. 55 when the minimum daily wage was in fact Rs. 127.
As per the 162-page judgement, workers forced to work as “volunteers” shall now enjoy the title of ‘permanent’ employees as well as related benefits. Prior to this order, those involved in the case did not receive salaries but “honorariums” because they were allegedly “employed through NGOs and cooperative societies.”
For the Kachra Vahatuk Shramik Sangh (KVSS) this is their third victory, including permanency for 1,240 workers in 2006 and 2,700 workers in 2017.
“The Corporation is directed to make all employees concerned in this reference, permanent and extend them the benefits and status of permanent workers retrospectively from the date of completion of 240 days of service from their dates of joining,” said the court.
Presiding Officer S. V. Suryawanshi conceded the ‘smokescreen’ role of the contract system in sanitation work allowed the MCGM to avoid equal wage payment and other legitimate dues. Testimonies of workers Dadarao Patekar and Vijay Bhivsane proved the all-encompassing control of the corporation in appointments, increasing wages, work planning, supervision, disciplinary action.
“The system has been revealed to be anti-poor, anti-Dalit and anti-worker and that it is completely illegal, despite several attempts to assert the contrary by MCGM through senior advocate R. N. Shah, who claimed that the corporation bore no responsibility for these “volunteers,”” said KVSS General Secretary Milind Ranade.
The gruelling legal battle
Workers spent many years and held demonstrations to claim this title of ‘permanency.’ The case was originally presented before the Bombay High Court in 1999. As legal procedure changed, the case was then sent to the Labour Commissioner in 2005 who then finally sent it to the industrial court.
Speaking to SabrangIndia, KVSS Organiser Anushka Damle told us about how the KVSS observed a Chaddi Banyan morcha in 2002 to decry the lack of uniform for sanitation workers. “The lack of protective gear resulted in body sores, memory impairment due to inhalation of toxic fumes, etc.,” she said. Then in 2008, they observed a Joota Do Joota Lo morcha where agitators created a garland of shoes for the Municipal Commissioner. “The Municipality did not even provide shoes for the bare-foot “volunteers” of the MCGM,” she explained. Further, they washed their hands and faces with their drinking water and sat in the shade of garbage trolleys to eat their tiffin. They were not allowed to enter buses or hotels, reinforcing indignities already faced by members of their caste.
During legal proceedings, MCGM Junior Overseer Kiran Waghela was suspended by the MCGM after confirming the direct employer-employee relationship between the two parties. Waghela was not paid his suspension allowance for 25-months. Acknowledging this, the High Court acquitted him and fined the corporation Rs. 15,000 for its arbitrary actions. It also told the corporation to re-employ Waghela and pay him full salary for the suspension period. The latter is yet to happen.
“We urge the MCGM and its elected representatives to respect the workers’ struggle, not to waste their time and money and ensure that each worker or their next of kin receive the status and rights guaranteed to them by the verdict, without litigating any further,” said the KVSS.
The battle continues
Damle said, “We know the verdict will be challenged in the High Court, as had happened with previous orders in our favour. However, the court has seen everything in-depth in this case, so overall we are very satisfied.”
The conclusion of the 15-year-long case relieved many involved, but it was a bitter-sweet victory for the families of workers who died before hearing the order. As per KVSS estimates, around 50 workers died while the legal battle ensued. 12 people faced medical issues and conservatively 40 individuals were superannuated.
Regarding this, the court said, “Legal heirs of deceased workmen are entitled for the service benefits acquired by deceased workers during [their] lifetime. Even if some workers have left the service being a permanent workmen corporation, being the employer, can take disciplinary action in the form of termination from service from the date of absence… Therefore, it would not be just and proper to deny the benefits of present litigation to such workers.”
Following permanency of sanitation workers, the KVSS said it planned to expand to its base to help drivers who worked for the corporation but did not enjoy all employee benefits.
“We hope to create a Maharashtra Municipal Kamgar Union eventually to help all people employed in this manner,” said Damle.
However, to realise this dream, the KVSS still has to win three legal cases. The first case involves 1,300 contract workers, while the second case petitioning for 1,100 workers is pending at a tribunal court. Finally, a case regarding 3,400 workers from sweeping, mopping, motor loading departments is currently with the Labour Commissioner.
About the KVSS struggle
The KVSS was formed in 1996 by many unorganised workers coming together. In 1999, 580 members approached the court and demanded recognition as permanent employees.
Alongside, it started a campaign for minimum wages, drinking water, safety gear and other basic rights and amenities. The union grew from 580 to around 8,000 workers.
In a press release, the KVSS talked about the alleged casteist origins of MCGM’s employment practices. In 1996, the corporation hired sanitation workers to make Mumbai “clean and green.” However, to keep them out of the purview of labour laws, they were called “volunteers” rather than workers.
The KVSS said their third legal victory is a testament to the strength and tenacity of the workers’ struggle.
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