LABOUR SNIPPETS FOR FEBRUARY 2022
1. Decision to Outsource Jobs Criticised by Calcutta HC
Taking to task the Indian Statistical Institute for arbitrarily terminating the services of their gardeners, the Calcutta High Court directed that the Petitioners, who were gardeners working in the institute since 2013, shall work under the ISI. The Court also stated that under no circumstances should their services be terminated without following the previous decisions of the institute in this matter, and that their services cannot be transferred to a contractor from the fold of the ISI.
The gardeners had started their services as contractual employees of ISI and were appointed through a recruitment procedure. However, it was noted that the institute was giving artificial breaks between 2013 and 2021 in their services to show before the law that their services are perpetually of a contractual type, when their duty is actually perennial in nature.
Shri Aloke Singh & Ors. v. Indian Statistical Institute & Ors., High Court of Calcutta in WPA 692 of 2022
2. Case of Air India Pilots and the COVID Pandemic
Several pilots with Air India Ltd. put in their resignation papers on account of better livelihood opportunities with other commercial charters, and then had to withdraw the same when the COVID pandemic hit. As the businesses were under loss, the commercial charters were cutting costs and undergoing salary rationalisation. However, Air India did not adhere to a uniform policy or pattern in dealing with the request for withdrawal of resignations, and arbitrarily accepted resignations despite requests for its withdrawal.
Air India claimed that when a resignation is submitted, it operates in praesenti (at the present time), and therefore, the subsequent acts concerning acceptance of the resignation or acceptance of the withdrawal of resignation and the U-turns made thereafter in this case, would not impact the legal position. Air India claimed that the employer-employee relationship snapped insofar as the employee was concerned the moment the resignation was tendered.
However, the Court stated that – “The State and its instrumentalities are obliged to act as a model employer, and, therefore, cannot be seen to deprive the pilots of, the right to serve the organization [i.e., AIL, in this case], at a point in time when finding jobs in the private sector is a difficult proposition.” The Delhi High Court upheld the order of the Single Bench, whereby the letters accepting resignations of pilots were quashed, and also Air India was directed to pay back the wages to those pilots who were not seeking reinstatement into service.
Air India Limited V. Kanwardeep Singh Bamrah, High Court of Delhi in LPA 246/2021 & CM Nos. 26577-78/2021
3. ‘Maternity Leave Benefits to be Extended to Students in Universities As Well’
A B.Tech student in Dr. APJ Abdul Kalam Technical University of Lucknow, Uttar Pradesh was not allowed to appear in the final chance for her qualifying exams on account of her pregnancy. The University was accused of not granting any relaxation or support to her, due to which she was unable to graduate, thus limiting her from competing equally with other students on par with her. This was in violation of her fundamental rights under Articles 14, 15 and 21 of the Indian Constitution. Upholding her rights, the High Court of Allahabad, passed directions to the University to frame requisite regulations or appropriate legal instruments of grant of maternity benefits to students which embrace the pregnancy period and postnatal recovery time. The maternity benefits shall also include additional chances to clear the exams in an enlarged time frame, the Court directed.
Saumya Tiwari v. State Of U.P. And 3 Others, High Court of Allahabad in Writ C No. 20885/2021
4. Striking Transport Workers in Maharashtra
The workers of Maharashtra State Road Transport Corporation (MSRTC) have been on a strike since October 27th, 2021, seeking that the MSRTC merge with the State Government so that their services can be regularized and they receive benefits of a government employee. As many as 250 bus depots across the State of Maharashtra have been shut down since November 9th, 2021 and the workers have been on an indefinite strike ever since. A majority of the total 92,666 workers of MSRTC have been participating in the strike which has crossed 75 days. Till date, the MSRTC suspended about 11,000 workers and terminated 1,333 of them for participating in the strike.
A news report stated that the MSRTC Management will employ those who are retired or have taken voluntary retirement and who have at least 6 months left to complete the age of 62 years. They will be hired by MSRTC and will be paid Rs. 769/- per day, i.e., Rs. 20,000/- per month in salary, but that they will not be entitled to benefits of provident fund, pension scheme, leave, uniform or any other allowances, including holiday pay. The report stated that the retired employees who will be re-hired on contractual basis will have to buy uniforms, get their driver’s license and PSV at their own cost. Thus, the MSRTC is trying its level best to subvert the workers’ strike by employing unfair labour practices.
5. Delhi University Teachers Strike Work Seeking Payment of Salary
Teaching and non-teaching staff of 28 colleges fully and partially funded by the Delhi Government went on a one-day strike seeking immediate payment of salaries on January 6th, 2022. The teachers were not paid for two months, and they stated that due to the pandemic, their lives were in a shamble. Some of the teachers rued that they had to borrow money from their friends and relatives to pay the tuition fee of their own children. Owing to the pandemic, the teachers were made to work overtime while taking online classes and now they were being asked to come to college for physical classes, while risking their lives as well as that of their families. The non-payment of salaries, unkempt college premises and infrastructure, unpaid water and electricity bills of the colleges are added to their woes.
6. Minimum Wage of Brick Kiln Workers Raised in Gujarat
In a victory to the workers of Int Bhatta Majdur Union, the brick kiln workers have received a notification of their minimum wages after 13 long years of struggle! As per the notification dt. 05.10.2021 issued by the Department of Labour and Employment, Government of Gujarat, the minimum wages for ‘brick moulders’ now stands at Rs. 293 for 490 bricks, which was earlier the same for every 1,100 bricks. Their work involves digging earth, preparing mud mixture, mould bricks, drying them, arranging them in rows and cleaning the place of work. While statutory minimum wages are calculated on time-rate basis, which is normally for eight hours of work, for some occupations it is done for piece-rate as was the case of the Gujarat brick kiln workers. There was no scientific basis for how the minimum wage was determined.
Brick kiln workers are involved in a labour-intensive manual process and they mostly consist of migrant workers, who are brought from their natives through contractors, and are effectively held as bonded labourers. These workers come with their family units to work at brick kilns, which include their children, thus making it a highly exploitative sector with very low statutory minimum wages. The consistent struggle of these workers for 13 long years has paid off with the workers receiving dignified wages for their hard labour.
7. HCL Forcing Employees to Return Bonus
A complaint was registered by the Nascent Information Technology Employees Senate (NITES) to the Labour Ministry stating that HCL, the third biggest IT company in India is forcing those employees who have resigned and are serving their notice period in the company to return the advance variable pay that they were paid earlier. The company claimed that the offer letters of the employees’ state that in case they leave the company before the completion of their performance review period, the advance variable pay, or the bonus can be recovered from them. In case the employee fails to pay the amount, their experience certificate, relieving letter and other documents and benefits can be withheld by the company. NITES stated that this clause for recovery of bonus is illegal and violates several labour laws.