Contract Workers Battle for Their Rights

Contract Workers Battle for Their Rights

I have written about the travails of the housekeeping contract workers of BPCL. You can read it here.

The contract workers’ battle against the injustice has now reached the final stage. At BPCL (Bharat Petroleum Corporation Ltd.), not at other organizations.

The housekeeping workers of BPCL, who were engaged thru a contractor, were removed from service around in May 2019. But a long history of litigation precedes it.

Dr Vivek Monteiro has been leading the struggle of these contract workers through his union, Mumbai Shramik Sangh. We pick up the story in 1990 when Mumbai Shramik Sangh filed a petition for regularisation of these housekeeping contract workers. They were mainly employed in housekeeping work at the BPCL’s Residential Colony. This petition was based on the Air India case judgement of the Supreme court. That decision had paved way for contract labour to be absorbed in the establishment.

At the admission stage the counsel for BPCL submitted that the housekeeping workers will be continued during the pendency of the proceedings. (But the contractor kept changing denying benefits of continuity).

In Feb 1997, the Division Bench led by Justice Mr Tipnis regularised the contract workers in service from the retrospective effect from 1990. BPCL then filed a Special Leave Petition (in 1997 when there was no SAIL judgement) before the Supreme Court. The judgment in the case of SAIL which overruled the Air India followed in 2001.

The Division Bench’s order was set aside as a result of SAIL. But leave was grated to Mumbai Shramik Sangh approach Contract Labour Advisory Board. The process of regularisation of contract labour must go through this Board. At that juncture Dr Vivek Monteiro was a member of the Board, so he recused himself. In this matter, a committee was appointed (it has not yet given its report!).

The matter of regularisation was also taken to the Central government Industrial Tribunal where BPCL’s stand was that the contract workers worked at the housing colony of the Company, and that housing colony is not an ‘establishment.’

While BPCL rules state retirement at the age of 60, there is no such service condition for the contract workers. This matter also went to the Supreme Court. The Hon’ble Court passed an order which said, ‘Superannuation benefits due and payable shall naturally be made available forthwith in accordance with law.’

The contract workers filed application for payment of gratuity in May 2019. And the Controlling Authority upheld that gratuity payment is due to them. That was in May 2022. Then BPCL approached the Appellate Authority in June 2022 which upheld the order of the Controlling authority. In this matter, the case of one of the contract workers, Indubai, was closed in January 2023 but the order was kept pending for over a year finally delivering the order on 28th March 2024. The company had to deposit the amount which is paid after 90 days and since there was no stay order, it was paid to Indubai. Finally, she received her gratuity! A royal sum of Rs 3,22,000/-!! And other workers are yet to receive their gratuity!

(Dr Monteiro and the Housekeeping workers)

It speaks volumes for the trust the contract workers have shown in Dr Vivek Monteiro. The workers often lose patience; the force of circumstance can be too overwhelming for them. Dr Monteiro has fought this battle in the way it should be – on principle and law.

And the job is not yet complete – nine workers are yet to receive their gratuity.

Tata Steel has handled the contract workers issue sensitively. Thermax has also handled it well – the issue of their permanency. Govind Kaka Dholakia follows his unique people policy (and it is dictated by his heart) where contract workers receive exactly the same pay and benefit as the permanent workers. And there could be more examples.

Do Public Sector Enterprises show exemplary people policies? Who will change this situation? Can we change the apathy toward the contract workers?

What began in 1990 is seeing semblance of justice in 2024! Thirty-four years!! Two contract workers have died during this period. Some managers received promotion and made it even to the highest level of hierarchy. Two legal luminaries who pleaded the case of BPCL (not of contract workers) became Supreme Court Judges and later Chief Justices – Mr SP Bharucha and Mr Dhananjay Chandrachud. The world moved ahead leaving the contract workers far behind.

The house keeping workers received nothing but Statutory Minimum Wages all through their service and nothing more. In other words their standard of living did not rise at all in spite of working for thirty plus years. And they had to wage a legal battle to get their due.

The real issue is that this is just a representative case, this is not just about BPCL, and HR fraternity is aware of innumerable organizations where this story is repeated.

Is caring for contract workers an inseparable part of corporate social responsibility, or its people policy?

Do lives of contract workers matter?

You decide!