[Reader-list] PROTEST NON-PAYMENT OF WAGES AND DENIAL OF WORK
Jeebesh Bagchi
jeebesh at sarai.net
Sat Nov 12 12:10:11 IST 2005
PRESS RELEASE
WORKERS OF MICHAEL ARAM EXPORTS PRIVATE LIMITED
PROTEST NON-PAYMENT OF WAGES AND DENIAL OF WORK
Seventeen workers of Michael Aram Exports Private Limited (B-156 DDA
Sheds, Okhla Industrial Area Phase I, New Delhi-20) stood with placards
in Connaught Place and Janpath Lane Market on Divali, November 1, 2005
to protest against the denial of work in the factory since March 2005,
non-payment of wages, and non-payment of their Divali bonus.
Michael Aram is an America-based artist and designer whose metal artware
products (tableware, cutlery, vases, hardwares, etc.) are marketed in
high end retail department stores in America such as Macy’s and
Bloomingdales (please see www.michaelaram.com for details). He has been
conducting business in India for over fifteen years. Michael Aram
Exports Private Limited (India) supplies finished products to Michael
Aram Inc. (USA), and operates production units in Okhla Phase I, Lado
Sarai, Kishangarh, and Sahibabad (U.P.), and is headquartered at F-61,
Ground Floor, Sujan Singh Park, New Delhi (Ph.29523920, 29523095,
29522297-8). The annual turnover of Michael Aram Exports is estimated
at Rs.9 crores, while that of Michael Aram Inc. is $4.4 - 6.7 million.
Steel polishing is done at B-156 DDA Sheds, Okhla Phase I. The work is
extremely difficult, dirty, and dangerous. Workers are blackened in the
production process, wear tattered and torn clothes, cough and spit up
dark phlegm, and suffer from chronic colds, fever, stomach disorders,
chest pains, and tuberculosis. The workers (24 presently) are on the
company muster rolls and have been paid minimum wages (Rs.2950-3386),
though they have been denied legal overtime rates, timely dearness
allowances, clean drinking water, and proper pollution masks. These
workers are migrants from Uttar Pradesh, Bihar, and Jharkhand, and are
highly skilled, inventive, and hardworking, and have increased
production quantity (by double for many items) and quality since the
unit was started in 2001.
In March 2005, a dispute broke out between Michael Aram and the
company’s Indian Director (and thirty-percent shareholder), Francis
Joseph, over alleged siphoning and bungling of funds, amongst other
charges, and the case is being carried out in the Company Law Board.
Citing this dispute, management stopped giving work to workers in all of
the factories of Michael Aram Exports, and workers were made to sit
idle. Michael Aram assured workers at the time that the Directors’
dispute would be resolved within two weeks and a new transparency and
accessibility would be brought into the company. Instead, water,
electricity, tea, and other facilities were cut, and wages were given
late and reluctantly every month, only after workers filed complaints in
the Labor Department (via the Delhi State Kamgar Union (IFTU)). The
exigency of going back and forth to the Labor Department led to the
death of one worker, Ramdev, whose cycle was hit by a car on the way
back from the South Delhi Labor Office in July 2005. Although Michael
Aram promised Ramdev’s wife at the time that she would be given a job on
compassionate grounds, the management has yet to act on this promise.
Meanwhile, in May 2005, Michael Aram started a new company and
production unit at C-109, Okhla Phase I under the name of Michael Aram
Design India Private Limited, and has been carrying out the exact same
work there through a combination of newly recruited employees, former
employees of Michael Aram Exports who have tendered their resignations,
and contractors’ workers working on an illegal night shift, now
relocated elsewhere.
In October 2005, alleging that there was no more money left in their
accounts, Michael Aram Exports management stopped paying wages to its
workers. On Divali, no bonus was given. B-156 workers have filed a
case under the Minimum Wages Act in the Labor Department for non-payment
of September wages. Although there have been no official closure or
retrenchment notices of any kind, management has offered workers their
full and final settlements. But the metal workers of B-156 DDA Sheds
desire work, in any of Michael Aram’s units, including C109, and have
communicated the same in a letter to Michael Aram, who has not given a
response, and is said to be in America at present.
Beginning October 27th, B-156 workers have taken their struggle to the
streets, standing with placards in and around Okhla Industrial Area, in
an effort to generate awareness of the above events and developments as
well as engage in conversations and discussions with workers at large
about their common experiences and difficulties. On Divali, workers
brought their placards to Connaught Place and Janpath Lane Market, in
the attempt to reach out to inhabitants of the capital city more
generally. They quietly stood, like statues, within the busy, festive
market as shoppers walked by and occasionally stopped to read the
messages and inquire into their present plight.
Should not every worker be allowed to celebrate Divali, even in a modest
way? Is this how we wish foreign employers to treat the workers of this
country? That too, within the heart of the capital city? Should we be
welcoming into this country a set of arrangements which increasingly
look upon workers as things to be exploited and discarded at will? Eid
and Chhat are now rapidly approaching. Without wages, yet also without
the desire to submit to the illegal and inhumane practices of Michael
Aram Exports management, B-156 workers will continue to be seen on the
streets of Delhi with their placards, with the hope that some festivity
might be found in these new conversations and discussions with fellow
workers, residents, and co-strugglers of the capital city.
The Employees of Michael Aram Exports Private Limited
B156 DDA Sheds, Okhla Industrial Area Phase I
TEXT OF PLACARDS
1. JULY MEM VETAN RUKA, EK MAZDUR KI JAN GAI
AB RUKI HAI TO KITNE KI JAN JAYEGI?
Vivad ke calte har mahine mem deri. July ki payment me deri ki vajah se
shram-vibhag mem shikayat kar lautte vaqt car ki takkar se cycle savar
hamare sathi Ramdev ki jan gai. Ab phir vetan rok hai to kitne mazdur
bhaiyom ki jan lemge?
WAGES WEREN’T PAID IN JULY, ONE WORKER DIED
NOW THEY’VE BEEN STOPPED AGAIN, HOW MANY MORE WILL DIE?
Due to a dispute between the Directors, each month our wage payments
have been late. In July, we went to file a complaint in the Labor
Department, and on the way back, our co-worker Ramdev was hit by a car
and died. Now wages again have not been paid. How many more of us will
have to die this time?
2. PAHLE ASHVASAN, BAD MEM MUKARNA
MAZDUROM KA MANOBAL TODNE KA NAYAB TARIKA
Director Michael ka ashvasan March 05 mem do hafte mem kam dene ka,
pardarshi company banane ka, parantu aj 6 mah bad bhi kam nahim diya.
Hamare sathi Ramdev ki shram vibhag mem shikayat kar lautte vaqt
accident mem maut ke bad unki patni ko naukri ka vada kiya, parantu aj 3
mah bad bhi naukri nahim di hai. Pata nahim mritak mazdur ke patni aur
baccom ka kya hoga? Abhi management dvara vetan bonus nahim dene ka
nirnay. Kya ham ummid kar sakte haim ki management is bar bhi apni bat
se mukaremge?
FIRST GIVE YOUR WORD, THEN GO BACK ON IT
A FINE WAY TO BREAK WORKERS’ SPIRIT
In March 2005, the Director, Michael Aram, promised to give us work
within two weeks’ time and to bring transparency to the company. But
today, six months later, he has yet to give us work. On the way back
from filing a complaint on non-payment of wages at the Labor Department,
our co-worker Ramdev had a road accident and died. He gave his word
that he would give Ramdev’s wife a job but today, three months later,
she has yet to be given this job. What will happen to Ramdev’s family
now? Now management says that they will not give us our wages or
bonus. Can we possibly hope that they will go back on their word this
time?
3. DASHAHRA PHIKA, DIPAVALI ANDHKAAR
Dashahra to jaise taise bit gaya. Karva Chauth karvi rahi. Dipavali
andheri dikh rahi hai. Tankhvah to di nahim, bonus ki aas karem kaise?
Baccom ko kaise bahlayemge, patni ko kaise bahkayemge? Khud to bam bane
baithe haim, patakha kaham se bajayemge?
DASHAHRA WAS LACKLUSTRE, DIPAVALI WILL BE TOTAL DARKNESS
We somehow got through Dashahra. Karva Chauth was bitter. Dipavali is
looking absolutely black. Our wages have yet to be paid. How can we
hope for our bonus? How will we give our children a good time? How
will we explain things to our wives? We ourselves have become bombs.
Where is the question of exploding firecrackers?
4. DARPAN VAHI, CEHRA BADAL GAYA
Pakke mazdurom ko khali bitana, nai factory khol vahi kaam karvana.
Sthai karmcariyom ko khali bithana, bahar thekedari ke zariye kam
karvana. Ghotala ke nam par factory band karne ka bahana, nai factory
mem naye sire se ghotala karna.
THE MIRROR’S THE SAME, ONLY THE FACE HAS CHANGED
Make your permanent workers sit idle, start a new company and have the
very same work done there and through outside contractors. Close the
factory on the pretense of the bungling of funds, open a new factory and
start bungling anew.
5. DO MALIKOM KE BIC PIS GAYA MAZDUR
Do malikom ke bic vivad jhagra ghotala adi ki ladai March 5 se shuru hua
aur ham mazdurom ko khali bithaya. Dusra nai company Michael Aram
Design ke nam se khol dena, kam vahi karvana, purane logom ka resign
lekar naye sire se bharti karna, naya ghotala calu. Sthai mazdurom ko
khali bithaya aur bahar thekedarom ke madhyam se kam karvana. Tankhvah
to band ho gai to bonus ki ummid kya karem? Vivad, jhagra, ghotala
malikom ke bic, bali ka bakra bana mazdur.
WORKERS CRUSHED BETWEEN TWO PROPRIETORS
A dispute between the two proprietors over alleged bungling of funds
began in March 2005 and we workers were made to sit idle. A new company
was started under the name Michael Aram Design India Private Limited,
and the same work is being carried out there. Resignations were
tendered from former workers in exchange for fresh employment and along
with this, bungling of funds has started afresh. Permanent workers are
made to sit idle while work is done outside by contractors. Wage
payments have been stopped. May we hope for our bonus to be paid? The
dispute, quarrel, and bungling are between the proprietors, but workers
have been made the sacrificial goats.
6. PAHLE HALAL, BAD MEM JHATKA
MAZDUROM KO MARNE KA NAYAB TARIKA
Directorm ke vivad ke calte ham sabhi ko March 2005 se khali baithaya.
Cay pani bijli adi band aur ab tankhvah bhi dena band. Halaal kiya to
tankhvah band kiya. Jhatka mara to 60 admi ko acanak hisab kiya. Abhi
bhi hamari halaal jari, aujar tez karne ki taiyari.
FIRST SLICE THE THROAT, THEN CHOP OFF THE HEAD
A FINE WAY TO KILL OFF WORKERS
Due to a dispute between the Directors, we have been made to sit idle
since March 2005. The company stopped tea, water, electricity, and now
they have stopped paying our wages. They sliced the throat, and wages
were stopped. Then they chopped the head, and 60 workers were given
their final settlements. Our throats are still being sliced. The blade
is being sharpened for the chop.
7. TANKHVAH BAND, MALIK FARAAR
Company ke donom malikom ke vivad ke calte March 2005 se ham mazdurom ki
khali bithaya aur Sitambar se tankhvah bhi band kar di. Jaham ek taraf
ham apni rozi-roti ke lie pareshan haim to dusri taraf ek malik Dilli
mem chupa hua haim to dusra malik America cala gaya. Ab tak payment
nahim mila. Management ka kahna hai ki company ke khate mem paisa nahim
hai. ‘Malik se bat karo, shram-vibhag mem shikayat karo, malikom ka
putla phumko, jo caho so karo.’ Jab donom malikom faraar haim, to ham
mazdur kisse bat karem? Jiske pas paisa hai, vah to kahim bhi bhag
sakta hai. Parantu ham mazdurom ko payment nahim milegi to
makan-malikom aur dukandarom se ham kahim aur kaise bhag sakte haim?
WAGES STOPPED, PROPRIETORS GONE
Due to a dispute between the two company proprietors, we workers have
been made to sit idle since March 2005. Since September, wages also
have been stopped. While we are facing great difficulty for our daily
bread, one proprietor is hiding out in Delhi and the other has left for
America. We have not been paid our wages, and management says there’s
no more money in the company account. ‘Go and talk to the proprietors,
file a complaint in the Labor Department, burn effigies of the
proprietors, do whatever you feel like.’ When both proprietors are
nowhere to be found, whom are we to speak to? Those who have money can
run anywhere. But if we don’t get our wages, can we possibly flee from
our landlords and shopkeepers?
8. NAUKRI SARKAR KI, SEVA PUNJIPATIYOM KI
Malikom ke vivad ke calte har mahine payment mem deri aur phir payment
hi band kar di. Har mahine shram-vibhag mem shikayat dalne par
shram-adhikari pratyaksh mem hamare paksh mem bol kar hamem ashvasan
dete haim, hamara hausla badhate haim. Shram adhikari company mem 6
baje chutti ke bad hi pahumcte haim, derh ghante tak company mem rukte
haim. Jab bahar ate haim to cehra khushhaal, magar khabar hamesha
badhaal hi dete haim. Shram-adhikari sarkari naukri nahim karte haim,
punjipatiyom ki naukri karte haim. Kaham milega nyay?
GOVERNMENT EMPLOYMENT, BUT SERVICE TO CAPITAL
Due to a dispute between the two proprietors, every month our wage
payments have been late and now they have been stopped altogether.
Every month, upon filing complaints with the Labor Department, the labor
officers give assurances to us and bolster our spirits. The labor
officers show up at the company only after 6 pm, and stay there up to 1½
hours. When they emerge from the factory gate, their faces are always
beaming, but the news they bring is always bad. Labor officials don’t
do government service, they work for the capitalists. Where will one
get justice?
9. HISAB NAHIM, KAAM VETAN CAHIE
Ham kushal karigar haim. Hamne jugadom ke zariya bhi utpadan badhaya
haim, quality sudhara hai. Iski saza yah hai ki donom malikom ke vivad
mem ham 6 mah se khali bithaya gaya. Nai company mem utpadan karvana,
thekedarom dwara bahar se kaam karvana aur hamara vetan bhi nahim diya.
Hamne kaam manga to management dwara hamem koi javab nahim. Hamem hisab
nahim, kaam aur tankhvah cahie, sath hi Dipavali ka bonus.
WE DON’T WANT FINAL SETTLEMENTS, WE WANT WORK AND WAGES
We are skilled workers. Through our own efforts and ideas we have
brought about increases in production and quality. The punishment for
this is that thanks to a dispute between the proprietors we have been
made to sit idle for six months. The company now gets production done
in a new factory, and also via outside contractors. We have asked for
work but we have yet to get an answer from management. We don’t want
our final settlements. We want work, wages, and our Divali bonus.
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