COMMONWEALTH GAMES: GROUND REALITIES
Readers may recall that in our last issue, we had reproduced a summary of the report of the Monitoring Committee appointed by the Delhi High Court to verify the averments made in the petition filed by Peoples Union for Democratic Rights, Nirmaan Mazdoor Panchayat Sangam and Common Cause for securing the rights of the construction workers engaged in projects related to the Commonwealth Games 2010. The report had brought out the stark reality of the situation of these workers.
One would have thought that the observations of the high level Monitoring Committee, which included the senior most functionaries of the Department of Labour, Government of the National Capital Territory of Delhi, would spur the labour establishment into action and lead to an improvement in the situation of CWG workers and better enforcement of labour laws. Sadly, this expectation was belied. The petitioners, therefore, approached the High Court to draw its attention to the continuing violation of labour laws and disregard of welfare measures. The High Court was pleased to pass comprehensive interlocutory orders dated May 26, 2010 and July 7, 2010 to remedy the situation. The petitioners have undertaken to monitor the compliance of orders of the High Court, which are reproduced below.
-Editor
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P. (C) 524/2010
PEOPLES UNION FOR DEMOCRATIC RIGHTS & OTHERS
Through Mr.Colin Gonsalves, Sr.Advocate
with Mr.Tariq Adeeb, Adv.versus
UNION OF INDIA AND OTHERS Through Mr.N. Waziri, Adv. -State
Mr.Anil Grover with Mr.Manish Kumar, Adv. R-3
Mr.Sanjeev Sachdeva with
Mr.Chitranshul Sinha, Advs. R-l, 5&6
Mr.Ajay Verma, Adv. -DDA
Ms.Suparna Srivastava, Adv. R-MCD
Mr.Atul Sharma with Mr.Abhishek Sharma,
Advs. for R-l 1
Mr.K.C. Kaushik with Mr.Rahul Kaushik,
Advs. for R-l2
Mr, Anil Amrit, Adv. for NDMCCORAM:
HON’ BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE MADAN B. LOKUR
ORDER
26.05.2010A complex human problem having its magnitude has traveled to this Court. It basically pertains to the non-compliance of many statutory provisions of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, Minimum Wages Act, 1948, the Unorganized Workers' Social Security Act, 2008 and the regulations framed under the said statutes. This Court from time to time has issued certain directions to get the Acts implemented inasmuch as the affected persons are in a state of peril suffering exploitation and unwarranted impecuniousity as they do not know their statutory rights. After series of orders passed by this Court, a response has been filed by some of the respondents.
The learned counsel for the petitioner, we must state with appreciation has filed a summary of the response by the respondents. It is put forth in the said summary that as far as the respondent No.4, name, Delhi Development Authority is concerned, 3384 workers have not been registered and that nothing has been mentioned as regards the minimum wages and steps taken to avoid accidents and only a bald statement has been made that they are mainly migrant workers. As far as the respondent No. 8, namely, the Municipal Corporation of Delhi is concerned, no registration has been made in respect of 971 workers and nothing has been stated with regard to the shortcomings found in the Committee Report which was constituted by this Court. That apart, a list of 817 workers has been given but nothing has been stated with regard to their registration. As far as the respondent No. 5 is concerned, it pertains to the action taken by the Director General (Inspection). What has been stated in the said summary relates to the prosecution launched under the Minimum Wages Act and Contract Labour (Regulation and Abolition) Act. As far as the respondent No. 9, the State Government, is concerned, there is a mention of 25,682 construction workers who have already been registered by the end of February, 2010. It has been asserted in the response that in March, 2010, 2464 construction workers would be issued passbooks-cum-identity cards. That apart, 45 accident cases have been settled and compensation has been granted. Grievance has been agitated that no information has been given as to whether the above workers are from the Common Wealth Games (CWG) sites. As regards the respondent No. 11 - Delhi Metro Rail Corporation Ltd. (DMRC), is concerned, it has been stated that 2800 workers are registered and Rs.114 crores has been deposited. As alleged, nothing has been mentioned as regards the welfare benefits extended and there is also no disclosure of the total number of workers.
It is alleged that there are 13086 workers but only 2800 workers have been registered. It is alleged in the summary that there is reference to 585 workers under the Public Works Department but there is no mention of the registration of these workers. As far as the respondent No. 10, that is, Delhi International Airport Ltd. (DIAL), is concerned, it has filed an affidavit stating, inter alia, that the names of 4162 workers have been furnished but no mention of registration or any other aspect has been highlighted and there has been non-compliance of the report of the Committee.
We may note with profit that the learned counsel for the petitioner has submitted that the total number of workers in the Common Wealth Games site is approximately 37245 but the total number that is registered is hardly 3200; that though the passbooks are issued, yet no inspection is done at any level and the benefits are not actually availed; that the registration is done after the lapse of the statutory period; that there is enormous breach of labour laws as a result of which the poor workers suffer from agony and anguish, apart from the financial hazard; that the education scheme floated by the Delhi Government has not been properly implemented; and that the medical benefits, maternity benefits and death benefits are also not adequately worked out.
Mr. Waziri, learned counsel for the State, Mr.Anil Grover, learned counsel for the Sports Authority of India, Mr.Sanjeev Sachdeva, learned counsel for Union of India, Director General of Inspection and Central Public Works Department, Mr. Ajay Verma, learned counsel for the Delhi Development Authority, Ms. Supama Srivastava, learned counsel for the Municipal Corporation of Delhi, Mr. Atul Sharma, learned counsel for the Delhi International Airport Ltd,, Mr. K. C. Kaushik, learned counsel for the Delhi Metro Rail Corporation Ltd., Mr. Anil Amrit, learned counsel for the NDMC, learned counsel for the respondents, submit that they have filed the response pursuant to the order passed by this Court on 15 April, 2010. It was echoed in one voice that they do not intend to have any kind of adversarial stance but desire to take steps as per law but it is a herculean task and cannot be done that easily. It is submitted by them that certain steps have been taken inasmuch as the registrations of the principal employers have been effected, the contractors have been identified, the passbooks have been opened, the awareness level is being endeavoured to be improved and the contractors are being cautioned to perform their statutory obligations and such other measures.
We must appreciably note that the litigation of this nature as has been appositely understood and put forth by the learned counsel for the respondents cannot be placed on the adversarial platform even in the remotest sense. Having regard to the illiteracy that is prevalent, the level of information and the ground reality in which the workers render their labour participation and the thin line that exists between the working atmosphere and the hunger and inability of a person to rise to complain are to be kept in mind. In view of the aforesaid factual scenario and the colossal problem that is being faced, without commenting on the allegations made by the petitioners and the response given by the respondents, as advised at present, we proceed to issue the directions in seriatim
A. All the authorities who are involved and are covered by the Committee constituted by this Court shall make ail possible efforts to register the workers so that no worker remains unidentified and further is in a position to avail the statutory benefits and future litigation is avoided.
B. The passbooks should be opened in respect of all the workers. Ail benefits that are accruable on the basis of issuance of passbooks shall be monitored by the Labour Department. Be it noted, we are not finding any fault with the functioning of the department but we are only stating that one must remind oneself of one's duty, more so, when dealing with the people who are working in an atmosphere to have their food, shelter and clothing and live a life with acceptable dignity.
C. The education scheme, which has been introduced, has to be appropriately implemented so that a child of a worker gets necessary education. It should be borne in mind by all concerned that "education is the spine of a civilized society".
D. As far as the medical benefits, maternity benefits and death benefits are concerned, the same be provided as per the provisions in the Acts and the schemes framed there under.
E. The petitioner is at liberty to have the assistance of the senior persons from the field of academics and other personalities whose names find mention at page 32 of the petition to assist the workmen to fill up the forms to have the benefit.
F. All the respondents shall file their requisite response/steps taken within four weeks keeping in view the aforesaid directions.
An apprehension was expressed by Mr. Colin Gonsalves, learned counsel or the petitioner, that the persons who would come forward to render assistance in filling of the forms may not be permitted at the construction sites. Mr. Waziri, learned counsel for the State, dispelled the said apprehension by stating in clear cut terms that they would be given adequate assistance in filling up the forms and a harmonious working atmosphere would be available.
Let the matter be listed on 7th July, 2010.
A copy of this order be given dasti to the learned counsel for the parties.
CHIEF JUSTICE
MADAN B. LOKUR, JMAY 26, 2010
O R D E R
07.07.2010This Court on 26.5.2010 after discussing the factual matrix and the
complexity of the problem had issued the following directions:
"A. All the authorities who are involved and are covered by the Committee constituted by this Court shall make all possible efforts to register the workers so that no worker remains unidentified and further is in a position to avail the statutory benefits and future litigation is avoided.
B. The passbooks should be opened in respect of all the workers. All benefits that are accruable on the basis of issuance of passbooks shall be monitored by the Labour Department. Be it noted, we are not finding any fault with the functioning of the department but we are only stating that one must remind oneself of one's duty, more so, when dealing with the people who are working in an atmosphere to have their food, shelter and clothing and live a life with acceptable dignity.
C. The education scheme, which has been introduced, has to be appropriately implemented so that a child of a worker gets necessary education. It should be borne in mind by all concerned that "education is the spine of a civilized society'`.
D. As far as the medical benefits, maternity benefits and death benefits are concerned, the same be provided as per the provisions in the Acts and the schemes framed thereunder
E. The petitioner is at liberty to have the assistance of the senior persons from the field of academics and other personalities whose names find mention at page 32 of the petition to assist the workmen to fill up the forms to have the benefit.
F. All the respondents shall file their requisite response/steps taken within four weeks keeping in view the aforesaid directions.'`
An affidavit has been filed by the Government of NCT of Delhi stating, inter alia, that 4430 registration forms have been distributed between 28.5.2010 to 30.6.2010 out of which 1,000 forms were issued to Delhi Asangathit Nirman Mazdoor Union (Regd.), 500 forms to Self Employed Women Association (SEWA) and 1,000 forms to Nirman Mazdoor Panchayat Sangam (NMPS); and that 2884 fresh passbooks have been issued between 26.5.2010 to 30.6.2010 and further 4,000 fresh passbooks are being processed and directed to be issued in near future.
It is submitted by Mr.Waziri, learned standing counsel for the State of NCT that pass books are issued after the workers are registered. To put differently registration is a condition precedent for issue of a passbook. Thus, submits the learned counsel for the State, during this period 2884 workers have been registered and issued the passbook and the authorities are taking effective steps to register 4,000 workers and issue the passbook as has been stated in the affidavit.
At this juncture it is submitted by Mr. Tariq Adeeb, learned counsel for the petitioner that the registration that is done is restricted to one year as a consequence of which the workers face immense difficulty as they are required to get themselves registered afresh and get the passbooks issued thereafter. Mr. Waziri shall clarify the position whether such a method is adopted and why the workmen are not given registration for a longer period and why the pass books are not issued without any kind of restriction. Mr.Waziri shall file an affidavit of the competent authority in this regard by the next date.
Be it noted, a colossal grievance was made by the learned counsel for the petitioner that though in Common Wealth Games more than 37,000 people are engaged, yet they are not being registered as a result of which there is violation of Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Unorganized Workers'Social Security Act, 2008 and the Regulations framed thereunder have been totally impaired. Replying to the same, it is submitted by Mr.Waziri, learned standing counsel for the State that more than 31,000 workmen have been registered. However, learned counsel for the State could not clarify whether all the employees who have been registered are employed in Common Wealth Games or anywhere else. It is worth noting the figures which have been stated in the affidavit do not really refer to the employees who are being employed for the purpose of Common Wealth Games. In view of the cavil raised, we would direct the competent authority of GNCTD to verify the registrations that have been made in the meantime and which are under process and what is the exact number of workers as per Common Wealth Games is concerned. It is further directed that such exercise shall be done site-wise so that it would have some kind of scientific methodology and the grievance that has been pyramided by the learned counsel for the petitioner would possibly be assuaged.
Mr. Tariq Adeeb, learned counsel for the petitioner also submitted that the workers who are working in various sites meant for Common Wealth Games are not paid minimum wages and thereby there is flagrant violation of the provisions of the Minimum Wages Act, 1948. Mr.Sanjeev Sachdeva, learned counsel for the Union of India submitted that the periodical inspection has been done and the Director General of Inspection shall ensure that the provisions of the aforesaid enactment are complied with in letter and spirit and wherever there is any kind of violation the persons who are violating the law have been prosecuted.
Learned counsel for the Union of India undertakes to file an affidavit indicating the nature of inspection done and the result that has ensued from such inspection and the number of prosecutions that had been launched against the erring contractors who have violated the provisions.
As regards the direction contained in Clause `C' of the previous order which pertains to implementation of the education scheme in paragraph 10 of the affidavit filed by the NCT it has been stated thus:
"11. That 4430 registration forms have been distributed from 28.5.2010 to 30.6.2010 out of which 1,000 forms were issued to Delhi Asangathit Nirman Mazdoor Union (Regd.), 500 forms to Self Employed Women Association (SEWA) and 1,000 forms to Nirman Mazdoor Panchayat Sangam (NMPS) one of the petitioners."
Learned counsel for the State has commended us to paragraph 3 to highlight that the benefits that are given to the children of the workers studying in GNCTD schools have been extended to the children who are studying in MCD schools and the number of such schools is 1744. At this juncture learned counsel for the petitioner apprised that the education scheme has not yet been given in full shape. It is urged that there are more children whose applications are being submitted to obtain scholarship and assistance for the same have not yet been attended to. It is urged by learned counsel for the petitioner that more than 10,000 applications are pending. Without expressing any opinion on the said score it is directed that the petitioner shall give the list of the applications that have been submitted before the authority and the competent authority of NCT of Delhi shall look into the same regard being had to the fact that the education is the spine of a nation and no child upto the age of fourteen as per the mandate of the Constitution should be denied education. Learned counsel for the State has assured that the State Government shall leave no stone unturned to extend the benefit once the applications are filed.
As far as the grant of medical benefits, maternity benefits and death benefits are concerned, we have been apprised 15 applications are pending for determination by the Welfare Board. In view of the aforesaid, it is directed that the Board shall decide the said applications and if the benefits are extendable, the same should be extended within a period of 15 days. A grievance was made that though the said applications were filed long back yet the authority concerned paid a deaf ear to the same. When applications of this nature are filed, needless to emphasize, the same have to be attended to in quite promptitude, for the same come from the needy and marginalised section of the people. We hope and trust that the competent authority shall keep the same in view and not show any kind of apathy to such applications. It should not be treated as a duty in a routine manner but a duty which has its sacrosanctity.
At this juncture learned counsel for the petitioner submitted that there was a direction on the earlier occasion to hold camps to sensitize the workers about their rights under the enactments and the welfare schemes. But no effective camps have been held. Without entering into the said controversy, as advised at present, we are inclined to direct that the GNCTD shall constitute a committee of three officers for a camp and the camps shall be held site-wise. Needless to emphasize the representative of the petitioner shall be invited to attend the camps.
Mr. Tariq Adeeb shall also be invited to attend the camps and the attendance therein would mean effective participation. Before holding the camps, adequate pamphlets shall be circulated by the State Government among the workers so that they would be in a position to understand their rights under the Act and the schemes. Mr. Waziri, learned standing counsel for the State fairly agreed that he has no objection if the Delhi Legal Services Authority would nominate three lawyers to attend the camps and also sensitize the workers about their rights. The schedule of dates for holding camps should be circulated early so that the whole thing can be facilitated.
As far as the living conditions of the workmen, who have been engaged for the purpose of Common Wealth Games, are concerned, they shall be provided adequate facilities so that they do not suffer any catastrophe and cataclysm due to the cruel rain. Matter be listed on 4th August, 2010. Order dasti.
CHIEF JUSTICE
MANMOHAN, JJULY 07, 2010
WORKING CONDITIONS OF PRIVATE SCHOOL TEACHERS IN DELHI
In the January-March 2009 and April-June 2009 issues of our journal, we had tracked the developments in the tale of victimization of Mrs. Sangeeta Srivastava by the management of Arun Modern Public Sr. Secondary School, Brijpuri, Delhi and our efforts to secure justice for her in the light of the order passed by the Hon'ble High Court of Delhi on May 9, 2007 in our writ petition on the Working Condition of Private School Teachers in Delhi. The contempt petition filed by us in November 2007 on the ground that the Delhi Directorate of Education had failed to take effective action to redress the grievances of private school teachers such as Sangeeta Srivastava has finally been disposed of in our favour. The order of High Court of Delhi dated April 28, 2010 is reproduced below:
- Editor
IN THE HIGH COURT OF DELHI AT NEW DELHI
CONT.CAS(C) 630/2007 : COMMON CAUSE Versus ANKITA SHARMA
CORAM: HON'BLE MR. JUSTICE G.S. SISTANI
ORDER
1. Mr. V.K. Tandon, learned counsel for respondent no. 1, submits that in terms of the order of the Division Bench dated 9.5.2007 on the basis of a complaint received an enquiry was conducted by the Director, Education. A copy of the Inquiry Report has been placed on record. As per the findings of the inquiry the complaint made by Ms. Sangeeta Srivastava about the non-payment of full salary and benefits stand substantiated. Counsel for respondent no. 1 further submits that another affidavit has been filed in the Registry vide diary no. 66363 dated 27.4.2010, a copy of which has been handed over in Court today, wherein it has been stated that based on the inquiry conducted, action is being taken against school under Section 4 (4) and 24 (4) read with Rules 56 of the Delhi School Education Act, 1973.
2. Learned counsel for the petitioner submits that in view of the affidavits filed by respondent no. 1, no further orders are required to be passed, however, she seeks a direction to respondent no. 1 to complete the process expeditiously.
3. Accordingly, present contempt petition stands disposed of in view of the affidavit filed by respondent no. 1. Respondent no. 1 is directed to complete the process as expeditiously as possible.
G.S. SISTANI, J.
April 28, 2010
