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Wednesday, April 8, 1998

Permanent status eludes workers despite HC order

Priya Nair  
April 7: A year after a High Court verdict in their favour, 68 daily wage employees of the Mahatma Phule Backward Class Development Corporation are still waiting for a permanent solution to the struggle over regularisation of their service.

Even a directive from the state Social Welfare Department has failed to move the corporation, which has allegedly forced `artificial breaks' in their service records to dodge two court verdicts asking the corporation regularise the workers. The corporation advances loans exclusively to economically deprived persons from the scheduled castes and tribes. Most of the temporary workers were hired as daily-wage employees in 1991 and are mostly clerks, typists and stenographers. Till 1995, they were paid a measly Rs 46 a day but their wages were hiked to about Rs 100 per day. ``Many of us cannot afford to take even regular offs like Saturdays and Sundays since we lose our pay for these days,'' says Arun T Sasane, vice-president of the Mahatma Phule Backward Class DevelopmentWorkers Union. In 1996, they filed a complaint in the Industrial Court, saying the corporation had deprived them of permanent status by forcing ``artificial breaks'' in their service. The court ruled that they be regularised.

The corporation then moved the Bombay High Court, which also ruled in favour of the workers. In its verdict, on March 27, 1997, it said there was no proof that these employees were inducted merely for emergency work and there was nothing adverse in their service records to indicate ineligibility. Hence, lack of a formal interview and a written examination could not be a pretext to discriminate against them. The court also said employees who had completed 240 days of uninterrupted service should be regularised. ``Now it is a year since the judgement but the corporation has not done anything,'' says Sasane. ``We don't even have the funds to file for contempt of court,'' he adds.

On March 26 this year, the principal secretary of the state Social Welfare Department wrote to thecorporation, asking what progress had been made towards absorbing the employees. He sought a reply within four days asking for a deadline. However, the corporation has not yet replied, the union claims. Deputy General Manager (Finance) D R Lokhande said, ``This is a government matter and we have discussed it with the proper authorities.'' Managing Director G T Bandari attributes part of the delay to insufficient data provided by the employees with regard to themselves. Other problems too like overage employees (some of them had not come via the employment exchange) and lack of adequate qualifications had contributed to the delay, Bandari says. ``We shall also have to create posts for these employees and reorganise the corporation, which will need government approval,'' he claims. However, Sasane says, ``Since we were hired in various capacities in 1991, there is no need to `create' additional posts for us.''

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.



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