Drishti lifeguards defy ESMA, to stay off beaches

Serve notice to govt through union proposing to strike work on Nov 21 & 22; allege harassment, victimization and anti-labour practices by contractor

PANJIM: All 568 unionized workers employed by Drishti Lifesaving Pvt Ltd as lifesaving guards, supervisors, captain and in other allied services have served a strike notice through their representative union, proposing to strike work on November 21 and 22 to protest harassment, victimization and anti-labour practices of the contractor, even as the government has declared this strike illegal under Essential Services Maintenance Act, 1988.
The union has alleged that though these lifeguards have been working for many years in the lifesaving jobs at various beaches in Goa, they have been forced to work in most oppressive and exploitative service conditions and are victims of the hire and fire policy.
The union alleged that the contractor did not adhere to the statutory labour laws and summarily terminated the services of 11 workmen on July 4 in blatant violation of the law. It alleged that they also do not have any insurance cover. These workmen are also denied the benefits of the statutory labour legislations; have not been issued employment cards; nor is the contractor maintaining employment register, muster rolls and register of wages at the place of work. 
However, Drishti officials have dismissed these allegations saying that the contract for lifeguard services was signed with the government as on July 1 and all the lifeguards have been hired on six months probation period.
“Initially the (lifeguards) contract was awarded to Drishti Special Response Services Pvt Limited. Now Drishti Lifesaving that has bagged the new contract is a new entity. In the first case, one company had 100 per cent contract. Now the contract has been awarded to a consortium (there are three partners),” Rajiv Somani, chairman and managing director Drishti, said. He denied all charges saying that they “have paid 100 per cent dues including gratuity.”
According to him, the new company has taken almost 600 lifeguards on six months probation period, so that the allegation that the company had not attended Labour Commission proceedings does not arise. “Where is the question of attending any case?” he asked, informing that the employees had been given Rs 4,000 increment some four months ago.
Stating that if there are any specific allegations, then they can be replied to, Somani said that they have all documents and papers in place. “It is easy to make frivolous allegations. We don’t recognize the union and we are not supposed to show them the papers. We have shown all the papers to the government,” he said, adding that the issue came up because of the 14 cases of indiscipline that were punished. “Somebody is misleading these poor kids,” Somani said, questioning whether the company should condone drunkenness on duty, insubordination or other such infractions.
The union had alleged that on Thursday the Labour Commissioner had convened a hearing to resolve the industrial impasse and issued notices to all concerned including the contractor. However, the contractor did not attend the hearing.
The union said that at the hearing, the workmen had informed the Labour Commissioner that the strike notice was perfectly legal and justified as all the workmen as on date are employed by Drishti Lifesaving.

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