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Cecil Hotel Shimla Allegedly Fires 32 Workers Unlawfully for Demanding Implementation of Labor Laws, Govt Remains Silent Despite Month-Long Protest

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Cecil Hotel Shimla Fires Workers

Shimla- The very intent of the contractual staff employed at the Oberoi Cecil Hotel in Shimla to demand implementation of Labour Laws cost them their jobs. About 32 workers have been protesting outside the hotel near the Ambedkar Chowk for a month now. They have been gathering outside the hotel everyday to stage protest. However,  the state government, the media, and Labour Department remain silent over the issue. Some readers of HW, who noticed these workers protesting everyday, asked us why media is not publishing even a single word about this protest.

“This is a very clear example of an imperialist attitude of the corporate and non-implementation of labour laws in India due to the apathy of the government.  Unemployment rate has reached an alarming level in India, and, at the same time, more people are losing jobs due to arbitrary attitude of private firms and inaction of the government,”

State President of Centre of India Trade Union (CITU) Vijender Mehra said while speaking to Himachal Watcher. 

The hotel is violating the Trade Union Act 1926, Industrial Dispute Act 1947, Bonus Act 1965, and Holiday Act 1942. Still, the hotel management is enjoying immunity against any legal action as they are patronized by the government, Mehra alleged. 

The entire episode began when contractual staff raised its voice to claim rights provided under the labour laws including rule of eight-hour duty, leaves, bonus etc.  To make their demands heard, the staff members tried to form a union, and as a response the hotel management fire four employees.

Oberoi Cecil hotel shimla fires workers

The remaining contractual workers protested against this action by wearing black bands. Following it, 28 more workers were asked not to come to duty.  These workers included security gaurds, gardeners, kitchen staff, and drivers, Mehra said. 

Mehra alleged that as these workers were contractual, they were the least paid and were being exploited, made to work for 12 hours but still deprived of several benefits prescribed under the labour laws.

After the workers approached the Labour Department regarding this unlawful action of the hotel, the hotel management terminated the contract with the company from which the workers were hired.

However, Mehra argued that the act of terminating the contract is also unlawful as the Section 33 and 9 of the Industrial Dispute Act 1947 prohibit making any changes in the service condition while conciliating proceeding are pending before a court or the authority responsible for enforcement of labour laws. In this case, the conciliation proceedings are pending before the Labour Department.  However, the hotel management seems to have no fear of law or any authority.

Mehra also alleged that to avoid taking responsibilities and implementation of labour laws, the Cecil group have been pretending to make its hiring through Nova Security – a private company based in Chandigarh. The hotel management conducts the interviews itself, but in papers it is claimed that hiring is made through outsourcing.

Mehra referred to a case pending against the Cecil management since 1995.  As per Mehra, in 1995, Cecil recruited drivers. However, in 1999, these drivers were shown as workers hired through Nova Security company.  The staff had approached the court challenging this action of the hotel.

Mehra also alleged that Nova company is a repeated offender of labour laws. Currently, the hotel management, under the patronage of the district administration, is harassing the workers and making every effort to suppress the protest.

The hotel management has not issued any statement regarding the ongoing protest. 

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HP Health Deptt Scam: BJP Chief Bindal Resigned on “Moral Grounds” or Asked to Resign by High Command?

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Why Rajive bindal resiged

Shimla-In a time when the corona pandemic is haunting India as well as the entire world and a huge amount of budget is being allocated for health infrastructure, services, and equipment like PPE kits, ventilators etc., officials and politicians in India are as usual ensuring their cut in corruption. Are all the donations that people are making towards the PM/CM Relief Funds to fight COVID-19 safe in the hands of the current Government? No surprise that a cut from the 20 lakh crores, which the Prime Minister claims has been released as a relief for the people, would end up in the pockets of bureaucrats, politicians, and middlemen.

An example of this is Himachal Pradesh’s Health Department and politicians. Just after a week of an audio clip of an alleged deal between the Director, Health Services, Dr. Ajay Gupta and an employee and close aid of a politician appeared; Dr. Rajiv Bindal has resigned from the position of State BJP Chief. His resignation was also accepted almost immediately. He claimed that he resigned on “moral grounds” as he was hurt after the party’s name was associated with the alleged scam. He claimed that the party and the Government are clean and have no role in this alleged scam. It’s hard to digest that BJP Chief resigned even though no particular name of any political leader has been confirmed officially. The pubic and oppositions are sensing something fishy in this act of the BJP party chief.

The resignation came right after the mater reached the Office of the Prime Minister. Some sources say Bindal didn’t resign but was asked to resign on the behest of PM Office anticipating a political upheaval not only in the State but at the national level.  Five times MLA Bindal has served as health minister, remained the Speaker of State Legislative Assembly, and then given the charge to lead the party in Himachal.

Oppositions and public are demanding a CBI probe into all purchases made during the period of lockdown. Senior BJP leader and former Chief Minister Shanta Kumar also expressed anguish over the ongoing corruption in the health department, especially when the nation is going through turbulent times due to the pandemic.

प्रैस विज्ञप्तिभारतीय जनता पार्टी के वरिष्ठ नेता एवं हिमाचल प्रदेश के भूतपूर्व मुख्यमंत्री एवं पूर्व सांसद, शांता…

Posted by Shanta Kumar on Saturday, 23 May 2020

It’s pertinent to mention that it’s not the first such scam, irregularities were earlier reported in the purchase of sanitizers. According to the allegations, hand sanitizers were bought at a price higher than the actual price. Moreover, last year, a letter from a BJP’s leader had created a stir in which serious allegations were labelled against the minister and officials of the health department.

What Happened Earlier

Director, Health Services, Dr. Ajay Gupta was suspended after a 43-second-long audio clip leaked in the media on May 21, 2020. In the audio, two persons can be heard talking about bank accounts and transactions of Rs. 5 lakh. The charges are that the Director was allegedly asking for a bribe in purchase-related to health equipment in wake of the pandemic.

Additional Chief Secretary RD Dhiman had to hand over the case to the Vigilance department soon after the audio clip appeared.  Ordering immediate probe is something that BJP is presenting as proof of State Government and Chief Minister Jairam Thakur’s innocence.

The Director confessed that he was one of these two persons heard speaking in this clip. Later, late that night, the Vigilance and Anti-Corruption Bureau arrested Gupta.

Then, he got admitted to the Indira Gandhi Medical Hospital complaining of poor health due to his diabetic condition. He was discharged on Monday, May 25. After his discharge from the hospital, he was produced in a court from where he was remanded to five days of police custody.

His house was raided by a Special Investigating Unit headed by IPS Shalini Agnihotri and jewelry worth Rs. 4 lakh and Rs. 28 thousand cash was ceased. Several documents, mobile phones etc. have also been ceased.

On May 25, the Vigilance team informed that the Director holds over a dozen accounts in various banks. As many as 20 ATMs and Credit cards were also ceased in the raid on his office and residence.

Then, media reports said that the entire scam is linked to some influential leader of Bharatiya Janata Party. According to a Hindi Daily, the person to whom the Director was speaking is an employee of a firm that the alleged politician is affiliated to. This firm was allotted the tender for the purchase of equipment related to COVID-19. The Daily said the Director had negotiated the deal for a bribe of Rs. 5 lakh.

The politician involved was reportedly making attempts to get an extension for the Director who was to retire on May 31. After the audio clip went viral, the politicians tried to hush it up but could not do so as the Vigilance had already arrested the director.

Not only the Director but the committee constituted for taking decisions on purchases for the Health Department has come under the scanner.

Since Gupta’s arrest, the Vigilance Department has not released any information regarding the person on the other side of the phone. No other arrest has been made so far. However, it was reported that a close aid to the politician involved was being questioned regarding the scam.

However, the public fears, investigation of this scam is likely to be botched up as influential politicians and bureaucrats are said to be linked with it. In the name of investigation, the Director or a couple of other officials would be held responsible. Still, the investigation might not reach its conclusion for years, as it happens when influential politicians of a party are involved in scams.

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Response of Judiciary to India’s Migrant Crisis During Lockdown

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Mingrant labourers crisis in India and indian judiciary

Shimla-Judiciary has a duty to make the Government accountable for the conditions that migrant workers are facing today. In a series of articles, we will be going through the response of Indian Judiciary to the present Migrant Crisis. In the first of these series, we go through two important directions of the Patna High Court to the Government, which can help in elevating the condition of the Migrant Workers who are the victims of the present lockdown.

Patna High Court this month acknowledged the seriousness of this crisis and passed two important Orders which are marked by empathy for the plight of the present victims.

In one of the order, it has sought a reply from the Bihar government on a petition alleging ‘poor condition of quarantine centres’ in the state where migrant workers have been mandated to stay for three weeks upon their return from other parts of the country. In the other order, it has urged the State Government to reconsider its policy of not engaging with members of civil society in handling the COVID-19 crisis.

Order regarding the poor condition of quarantine centres

(C.W.P No.5656 of 2020)

A Division Bench headed by Hon’ble Chief Justice Sanjay Karol directed the state government to file its reply, noting with concern that Bihar has the “highest population density” in the country and “any mismanagement” at the quarantine centers could lead to a substantial increase in the spread of COVID-19 in the state.

Order Stated:

“From the record, it can be inferred that perhaps in the State of Bihar, more than 2450 quarantine centres stand established by the Disaster Management Department, in anticipation of housing 2.5 lakhs persons, termed as migrants, who are desirous of returning home. Perhaps the figure may be more. Such quarantine centres are to be established and managed as per the guidelines for quarantine facilities framed by the Government of India. There has to be proper segregation of the areas, prominently labelled as low risk, moderate risk and high risk areas. The entry and exit points of the said centres are required to be secured properly, with proper facilities of sanitation etc. Any mis-management in proper handling of such centres may result into the spread and/or increase of the disease in Bihar.

..The relevance, significance and importance of ensuring proper sanitization, cleanliness and orderliness at the Centres is highly imperative, more so looking into the economic condition, demography and population of Bihar. Today, 1/10th of the population of India lives in Bihar with highest density of population ratio. Hence the need, all the more, for monitoring the centres directly by senior level officer(s) at the level of the Government and with a greater vigil.

..In the response, it be categorically stated, in a tabulated form, district-wise, (a) the number of quarantine centres established in the State of  Bihar; (b) number of persons (migrants) housed therein; (c) number of persons who have been allowed to return to their respective places of destination after expiry of the mandatory period of quarantine;  (d) total number of persons (migrants), who are further expected to enter the State of Bihar; (e) the capacity of centres to house such persons; (f) whether provision for security, sanitation and food exists at each one of such centre or not; (g) whether such facility stands outsourced or is being provided  or sought to be provided directly by the employees of the State; (h) whether there is a provision for providing medical aid/facilities; and (i) mechanism for lodging complaints and its redressal.”

Direction for engaging members of civil society in the fight against Corona Virus.

(C.W.P No.5609 of 2020)

A division bench headed by Justice Sanjay Karol in another order observed that “in a democratic society, the Civil Society cannot be ignored”, Order Stated:

“Well, at this stage, we need not say anything further, save and except, that the role of Civil Society, be it in the form of individuals/ CSOs/NGOs, in helping the orphans; elderly persons; and specially challenged persons, cannot be undermined. Public and private participation to overcome natural disasters and adversities is not alien to the culture and heritage of this great nation. Also Practices and teachings of Lord Buddha and Lord Mahavira are well entrenched in the State of Bihar. One cannot forget the importance and significance of the Directives Principles of State Policy, Part IV, (Article 39) and Part IV-A Fundamental duties, more specifically, (Article 51-A (h)) of the Constitution of India, while dealing with the problems arising out of the Pandemic Corona Virus (COVID-19).

We are also of the view that for centralized monitoring of the problems faced by the sectors mentioned above and the relief provided/action taken, technology be used. Perhaps, a Website, to be operated at the level of the Government of Bihar can be opened up where any member of the Society (organized or un-organized) wanting to help the Government or the citizenry, in whatever manner, be it in the form of material or human resources, can register their request and the same dealt with promptly by a duly authorized competent and a responsible officer. We only hope that the Chief Secretary, Government of Bihar shall have part of this order implemented latest by day-after-tomorrow, 29.04.2020.”

List of verified NGOs, charities and private institutions, which are working on the ground:

  1. safaindia.org
  2. cjp.org.in
  3. parikrmahumanityfoundation.org
  4. feedingindia.org/donate
  5. kashtakaripanchayat.org
  6. robinhoodarmy.com
  7. https://goonj.org/support-covid-19-affected
  8. fdci.org or write to them at [email protected]seedsindia.org/covid19/
  9. https://tinyurl.com/ydgmfpcm
 

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Migrant Workers in Himachal’s Baddi Forced to Walk Back Home as State Govts Remain Apathetic

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Baddi migrant labourers going back home on foot

Solan: The heart-wrenching exodus of stranded migrant workers from cities back to villages in the wake of the COVID-19 lockdown happening across the country is now unfolding in Himachal’s industrial belt Baddi as well. About 30 organisations, comprising of trade unions, civil rights groups, youth alliances, independent social organisations and networks from Himachal, Uttar Pradesh and the country today issued an appeal in support of workers from other states stranded in Himachal and the need for urgent coordination between states to ensure and facilitate their safe return to their homes.

The Baddi-Barotiwala-Nalagarh Industrial area in the Solan district of Himachal Pradesh houses more than 2000 industrial units and is known as the pharma hub of Asia, said the collective appeal of these organizations.

With an annual turnover of more than 60,000 crores, this zone has a major concentration of migrant workers in the state of Himachal Pradesh, possibly between 1.25 to 1.5 lakh people. These workers belonging to various states mainly Uttar Pradesh, Bihar, Jharkhand, Madhya Pradesh, Orissa have been under severe distress due to the sudden announcement of a country-wide lockdown, the appeal said.

The appeal specifically highlights the distressful state of thousands of migrant workers in the Baddi-Barotiwala-Nalagarh industrial area and the lack of response of the administration and respective governments to ensure urgent evacuation of those who want to leave.

“Post the lock-down, as factories remained closed down, in the absence of any sources of income, these workers soon ran out of the savings, if any, to buy rations and pay off their room rents. In the initial period contractors took care of some relief which soon ended and accessing the government-sponsored relief has not been easy either. Their only desire and demand, for the last month and a half, has been to be able to return to their homes, but it is unfortunate that while the Himachal Government has been able to bring back its native residents, the same efficiency and empathy has not been shown in ensuring the return of these workers who contribute hugely to the state’s economy”,

the statement said.

“Although the news has clearly stated that Himachal government will bear the cost of travel for migrant labourers, private operators have started plying their buses with the permission of administration but have been charging exorbitant amounts from the already deprived workers. This has been causing further panic and stress among these communities. Over the last few days, with no Government assistance forthcoming, after losing all hope and patience, workers have picked up their bags and baggage, their tiny children, the elders and the women and have started walking on foot the journey of several kilometres in a desperate attempt to return back to their homes,”

the statement said.

Specifically highlighting the case of workers from Uttar Pradesh, who have long registered themselves on the online portals to travel back, the statement also raised that “private bus operators are charging exuberant fares from already deprived people and with no State help forthcoming, the migrant labourers have been forced to walk back home several hundred kilometres with their children, elders and women”. 

The statement also condemned the dilution of labour laws as well as the suppression of freedom of the press by filing charges against journalists reporting the plight of the workers and the negative impacts of the lockdown and demanded the withdrawal of these.  Highlighting that the Haryana Government has arranged for free food and public transportation trains as well as buses till state borders for labourers to reach their respective States, the statement questions why Himachal has not done the same.

“The Himachal Government needs to understand that any coercive or apathetic measures in regard to forceful retention of these workers will only lead to psychological insecurities and loss of their trust in Himachal as a State”

read the statement.

The signatories in their appeal stated that it is the responsibility of the State government to ensure that the dignity, the constitutional and human rights of these migrant labourers are protected and respected.

Following Are the Demands Made Through This Appeal:

  1. Himachal government needs to coordinate with other state governments and urgently facilitate movement of migrant labourers stuck in Baddi-Barotiwala-Nalagarh Industrial area.
  2. Public transportation by bus for the evacuation up till the state borders needs to be arranged by the state government free of cost.
  3. Up until then a mechanism of ensuring that relief rations with regular follow-ups are provided to the families of stranded migrant workers without having to make repeated demands needs to be put in place.
  4. The status update of these arrangements should be released in public domain through the media and regular press releases so that people have all information and clarity is established.
  5. We condemn the suppression of freedom of press through the FIRs on media persons reporting on issues of migrant workers and demand that these charges be dropped immediately.
  6. The suspension and dilution of labour laws along with the provision of extension of working hours for adult workers from 8 hours to 12 hours be immediately withdrawn.

 

List State and National Signatories

Himachal Pradesh Organizations

  1. All India Trade Union Congress (AITUC)
  2. Bharat Gyan Vigyan Samiti
  3. Centre of Indian Trade Unions (CITU)
  4. Citizens’ Rights Forum, Kangra
  5. Communist Party of India, Himachal Pradesh
  6. Himalayan Students Ensemble (HSE)
  7. Himdhara Environment Collective
  8. Jagori Grameen
  9. Mountain Women Rights Forum
  10. People’s Action for People in Need (PAPN)
  11. People’s Campaign for Socio-Economic Equity

 

Uttar Pradesh Organizations

  1. Sangatin Kisan Majdoor Sangathan (SKMS)
  2. MNREGA Majdoor Union
  3. Purvanchal Kisan Union
  4. Humsafar
  5. Mahila Yuva Adhikar Manch
  6. Rihai Manch
  7. National Alliance of People’s Movements, UP

National Organizations

  1. Stranded Workers Action Network (SWAN)
  2. National Alliance of People’s Movements (NAPM)
  3. Mazdoor Kisan Shakti Sangathan (MKSS), Rajasthan
  4. National Federation of Indian Women (NFIW)
  5. Socialist Party of India
  6. Jan Jagran Shakti Sangathan (JJSS), Bihar
  7. Pennurimay Iyakkam, Madurai, Tamilnadu
  8. National Platform for Small Scale Fish Workers (Inland) [NPSSFW(I)], West Bengal
  9. Andhra Pradesh Vyavasaya Vruthidarula Union (APVVU)
  10. Kosi Navnirman Manch, Bihar
  11. Telangana Vyavasaya Vruttidarula Union
  12. Sanyukt Trade Union, Pithampur, Madhya Pradesh
  13. COVID Action Support Team (COAST)
  14. Khudai Khidmatgar

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