Alok Kumar, Secretary
Delhi Nirman Mazdoor Sangharsh Samiti
Since the beginning of August, the Delhi Nirman Mazdoor Sangharsh Samiti has been mobilizing workers employed in Miranda House College against their exploitation. The trade union has been mobilizing workers since the commencement of construction work at the various Commonwealth Games work sites. It is, in fact, the only trade union of construction workers in the city. Despite the difficulties in mobilizing an unorganized work force like construction workers, the union has constantly made successful interventions. The struggle of workers at Miranda House marked its fifth successful intervention in Commonwealth Games construction sites. The details of the Miranda House struggle follow.
On August 6, 2010 the workers sat on a dharna outside the college, following which they took out a rally around the University campus. The latter was aimed at reaching out to construction workers employed at other work sites in Delhi University. On not receiving a response from the Miranda House authorities on their demands, the workers decided to sit on dharna outside the college office on August 12. They were supported in their struggle by the college students and members of the Miranda House Staff Association such as the Secretary, Ms. Nandini Dutta. The struggle was also supported by women and youth organizations like Centre For Struggling Women (CSW) and Krantikari Yuva Sangathan (KYS).
The workers and students/teachers, under the banner of the Delhi Nirman Mazdoor Sangharsh Samiti, were protesting the non-payment of wages due to the workers. They were also protesting several other violations of labour laws such as those pertaining to payment for overtime, mandatory weekly rest, etc. The workers at Miranda House had not been paid for the entire one month and four days for which they worked at the college. Furthermore, the rate of payment fixed by the contractor, Ms. Payal was well below the legal minimum wage rate. Unfortunately, despite the fact that the contractor defaulted in paying the workers and continuously violated several labour laws, the principal employer, i.e. the college Principal, Ms. Pratibha Jolly refused to step in and release the workers’ arrears. She, in fact, tried to act as a negotiator between the contractor and the union, something which the union vehemently opposed. Under the pressure applied by the union, on August 4, a small part of the workers’ dues was released with no further surety provided by the college administration to look into the other key demands of the workers. The protest held by workers on August 6, fell on deaf years.
Finally, after waiting till August 12, for a formal response from the Principal, the workers and the union decided to sit in protest, once again, against this high-handed and insensitive behavior on the part of the principal employer. As a backlash the college administration called in the Delhi Police who immediately started intimidating and manhandling the workers and students sitting on protest. Meanwhile, inside the college committee room, the Principal, the contractor, etc. refused to negotiate a written agreement. After much deliberation it was agreed to get the accounts together, for which the union sat down. Exact calculations of the payments due to the workers, and that too at Delhi’s daily minimum wage rate, were made and submitted for negotiation by the Delhi Nirman Mazdoor Sangharsh Samiti.
While the negotiation proceeded, students and workers addressed Miranda House students who had congregated. In the discussion that took place it was pointed out by the Union as well as others present that it was shameful the way Miranda House hostellers were evicted from the hostel last moment (i.e. just two weeks before college reopened), followed then by this blatant and heartless exploitation of labourers employed at the hostel renovation site. The assembly of students and workers present was also formally addressed by Sri Narendarji, executive member of Indian Council of Trade Unions (ICTU) and the Secretary of Delhi Nirman Mazdoor Sangharsh Samiti. Alok Kumar, Secretary of the Delhi Nirman Mazdoor Sangharsh Samiti, in his address, congratulated the workers for their endeavours and stated that the union’s initiative would now be to bring together workers from all the different work sites in the area. He spoke of intensifying the struggle and speculated that if the workers demands were not met by Miranda House Principal and the contractor, then the workers would not hesitate in striking work in the college.
It is clear from this instance that workers are willing to mobilize and use the strength of their organizations to fight back against their brutal exploitation. As members of the construction workers’ organization, we seek support of other democratic and progressive sections in this fight for justice.
Addendum
LIST OF LABOUR LAWS VIOLATED BY CHIEF EMPLOYER i.e., PRINCIPAL OF MIRANDA HOUSE & THE CONTRACTOR, Ms PAYAL
Principal of Miranda House, Ms. Pratibha Jolly, is the principal employer and she is the one who is the key violator of set labour law norms.
• According to section 21 (2) of The Contract Labour (Regulation and Abolition) Act, 1970, every principal employer shall nominate a representative duly authorized by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of the representative to certify the amounts paid as wages. In section 21 (3) it is further emphasized that it is the duty of the contractor to ensure the disbursement of wages in the presence of the authorized representative of the principal employer. As delineated in Section 21 (4), in case the contractor fails to make the payment of wages within the prescribed period or make short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due. [See Cominco Benani Zinc ltd. v. Pappachan, 1989 LLR 123 (Kerela).
• The Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. Section 45 specifies that if the contractor fails to make payment of wages then the employer/principal employer is liable to make all the payments. Also see The Payment of Wages Act, 1936, section 3 (2).
• Section 30 of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 prescribes proper norms for maintenance of registers and records. For liability of principal employer in this regard also see Minimum Wages Act, 1948, section 18 (1) and section 21 (1), (2) of The Contract Labour (Regulation and Abolition) Act, 1970
Other Norms violated by both principal employer and contractor:
• Section 28 (1) (b) of The Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 prescribes a day of rest in every period of 7 days with payment for the day of rest.
• Section 28 (1) (c) this Act of states that if work is carried on the day of rest, a worker is to be given the overtime rate specified in section 29.
• Section 29 (1) prescribes that any work above the normal work day should be given twice the ordinary rate of wages.
• The Minimum Wages Act, 1948, Section 17 prescribes that when an employee is employed on piece rate, the amount of wages paid cannot be less than that paid for minimum time rate. Also see Section 3 (2) (d).
• Section 25 prescribes that when a contract or agreement is being made between employer and employee whereby the employee relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing to him under this act, then such a contract/agreement shall be null and void, and employees have to be paid according to the legally prescribed minimum wage.
• Section 12 (2), Comments (ii) states clearly that where a person provides labour or service to another for remuneration which is less than the minimum wages, such labour is “forced labour” within the meaning of article 23 of the Constitution and thereby entitles the person to invoke article 32 or article 226 of the Constitution of India.
• Moreover, there was a violation of many other norms mentioned in Building and other Construction Workers Act. There are no provisions made for facilities like crèches, canteen, latrines/urinals, accommodation, drinking water, etc. Prescribed safety and health measures are also being violated.
• The Contract Labour (Regulation and Abolition) Act, 1970 in Section 29 (2) prescribes that every principal employer and every contractor has to exhibit notices of particulars like the hours of work, wages, nature of duty, etc.
• According to The Equal Remuneration Act, 1976, women workers are liable to be paid equal wages.
• Supreme Court Guidelines (in Vishaka Judgement 1996) prescribe the constitution of anti-sexual harassment complaints committees in every workplace. The construction site in Miranda does not have such a committee in place for the women workers employed.

Toiling for the Commonwealth
Ankit Sharma and Paresh Chandra
In the 19th century, the one time British Prime Minister, and renowned novelist, Benjamin Disraeli, wrote a novel called Sybil: The Two Nations; this was one of the first explorations of the polarisation of wealth and power that capitalism breeds, how inside a single country, coexist the fabled halls of plenty and extreme hunger. Today, in India, one does not even need to compare the metropolis and the margin (the “Maoist afflicted territories”) to comprehend the existence of two such nations – it is to be seen in the Capital itself.
In the last decade the name of Delhi has become synonymous with “development”; fancy flyovers, expressways, wide roads, metro services, etc. symbolise the form of development that Delhi aspires toward – development that will make Delhi a “world class city” of the new millennium. And all this at the cost of neglecting completely, the fulfillment even of basic necessities of life for many living in and around Delhi. At present, it would seem on glancing at mainstream newspapers, that the development of a city is to be measured in terms of the number of shopping malls it has, or the number of millionaires, or the width of roads and so on – in short, everything which relates to the richer section of society. A supplement of one India’s leading dailies declares Delhi to be the city of the 21st century, moving ahead of other Indian cities like Mumbai and Kolkata. This declaration, ostensibly, is based on the one hand upon Delhi’s new born pride, the Metro, and on the other on the city’s status as the “melting-pot” of all Indian cultures (possibly because the industrial zones rising around Delhi attract workers from all over the country). Not a paragraph to bring out the conditions under which these workers live or labour.
With majority of the population, the labouring and languishing poor altogether out of contention, India indeed seems to be shining. Even if the class that actually reaps the benefits of such development comprises 10 per cent of the nation’s population, the number is still in excess of a 100 million. It is easy to stay within this constituency, represent and celebrate its interests, and still call oneself the representative (government, or daily) of a nation. Of course, there are times when even large sections of the richer nation inside India, the so-called middle classes are affected for the worse, by policy or development plans. But such is the inertia of their past comforts, and such is the influence of the state, that they are able to while away times of duress dreaming of riches to come. All their responses are programmed by the state, in forms the state can control, and in the final instance they are comfortable even in this relative discomfort, and they do not feel pressed to speak up.
Coming to the immediate, we find that all of Delhi’s resources are being invested to prepare for the staging of the Commonwealth Games; all of the city’s development plans are spread around this event. Several new roads are being built, new stadiums are coming up, a concrete “village” big enough to house the people of many slums has been constructed for the athletes. A city facing one of the biggest water shortages in all its history is going to fill up massive swimming pools. For three years in a row college grounds have been made unavailable to students, putting an end to a lot of sports activity (evidently this is how the CWG is going to encourage sports). Thousands of students, who can barely afford the subsidised hostel rates, have been thrown out of their hostels, forced to find accommodation in expensive areas around the university. The Chief Minister has come out in the media declaring that the people of Delhi will have to pay for these Games in the form of increased taxes, rise in the prices of public transport, and so on (supposedly, all people in Delhi are rich enough to pay this tiny price for the sake of the nation’s and the city’s glory). However the main thrust of the current piece is to spare a glance at that side of Delhi which is altogether ignored by all, including the media.
Large numbers of migrant labourers have shifted base to Delhi because of the work become available due to the large scale infrastructural development leading up to the Games. This huge influx of migrant labourers , in addition to the ones already living in slums and worker localities around the city, has led to greater competition amongst them, on which private contractors hired by the government are thriving. These private contractors are able to control wages and working conditions, obviously to the disadvantage of workers. Workers at CWG sites earn anything from Rs.200 to Rs.700 for eight hours of work in a day depending upon level of skill, much more, it can be argued than the minimum wage fixed by the government. Using this data the mainstream media is often found trying to prove that the government is generating employment for these workers as well as helping them earn a livelihood. Often, it is added, that the workers are also being provided with a place to live, in temporary settlements near construction sites. But, as is always true in such cases, a different order of truth altogether ignored by the media exists behind this façade. These workers have no job security, hired on a day, fired on the other. In fact, most of them are hired on a daily or weekly basis. If hired for longer durations they face irregularities of payment. They do not have the freedom, as a result to work elsewhere during this period, or to leave this work, for the fear of having to forfeit wages earned. Sometimes workers are paid not according to the duration of work, but quantity of it – this much pay for this much work (for instance, this is usually the case for road construction workers). In this case the work day extends upto ten hours or more; this, one can understand, is the cost of the alacrity needed to finish the project in time for the Games.
Owing to irregularities of the kind mentioned above, workers are forced to shift their families close to the work-site where their wives too enter the labour market, hoping to find greater financial security for the family. Female workers get paid amounts much lower than what men earn for the same work. Where the fixed minimum wage is Rs.203, female workers are usually paid as little as Rs.130 for eight hours of work. When the supply of workers increases this drops down to Rs100 or less. Furthermore, mothers have no choice but to keep their children close by while they work; a more hazardous environment to bring up a child is hard to imagine, because immediate danger of hurt is compounded with assured health trouble in later life. Children already nearing adolescence actually work alongside their mothers; a little more in the family’s pocket.
Why should all the members of a family work when one member is already earning more than the fixed minimum wages? Clearly, the life that a single man’s wage affords is not quite so good. The minimum wage allows a worker to reproduce his labour power and is by no means suitable remuneration for the work he does; to be able to do even a little more than merely exist (even if that something is as seemingly inconsequential as owning a transistor) more than a single person’s wage is needed. So the whole family sets to work, at jobs that hardly pay anything even as they break their backs. Whether they work or not is not a choice, is clear enough to see, but even choosing the work they do is not an option – do what you get.
With increased migration and the fall in wages caused by the resultant increase in competition living condition of workers have also suffered. As the wages fall well below the minimum required for their subsistence the workers are forced to live in temporary settlements near work sites, settlements hardly suited to be inhabited by human beings. The differentiation between skilled and un-skilled labourers seems to continue in these settlements, where un-skilled workers are made to stay pretty much anywhere (tents beneath flyovers, or on the roadside, or next to metro-pillars and so on). Skilled workers are at least able to afford a place in some sort of slums or worker localities, or are provided with tin shelters near construction sites. Of course this relative privilege hardly amounts to anything; 4 to 5 skilled workers stay in tin rooms hardly 6 feet across. Often these temporary tents or rooms serve as living quarters for the entire family; proximity to the worksite definitely adds to health problems that workers and their families face.
There is no direct supply of water to these localities, forcing the workers to use water stored in unclean cans which used for construction purposes; the problem is even greater for the quarters which are not that close to any big site, as they are forced to buy water form tankers. Furthermore, these settlements are not legal and once the work is complete the workers are forced to evacuate.
Workers cannot afford to waste any part of their wages on daily commuting; another reason that forces them to leave close to worksites is their shift timings (for instance the workers constructing roads stay in tents near the site because they are required to work all through the night stopping in the early hours of the morning). These conditions negate the possibility of any “family life,” a middle-class term altogether alien to the lives of these workers. Even if the family stays together, everybody works: the man, the woman, and the children, giving them no chance to spend any time together, let alone “quality time.” A set of people involved in the construction of the structures that will allow India to “proclaim itself on the world-stage” as a rising “super-power” and a “quasi-developed-country” are reduced to a status little higher than the tools they use.
Photos by Ankit Sharma