Herald: Are workers allowed to go on strike?
Pereira: As per the Industrial Disputes Act 1947, all these workers are squarely within the definition of workers and therefore they have a right to go on strike under the same act. The second part is that under the Industrial Employment (Standing Orders) Act 1946 and the Model Standing Orders, workers are classified under different types: permanent, temporary, casual, contract and apprentice. Only apprentice are governed under the Apprentice Act while all other categories are governed by the Industrial Disputes Act and are workmen. The workers who are daily workers with the CCP are classified as ‘casual’ workers. But they don’t lose their right to strike.
Herald: What according to you is the legality of the service contract with the CCP?
Pereira: Under the Contract Labour (Prevention and Regulation) Act 1970, every work of perennial nature cannot be done by contract labour. Garbage collection is of a perennial nature so actually these workers should be classified as regular looking at the very nature of their work. Therefore the CCP act of treating them as daily wage workers is illegal.
Herald: What is your take on the remuneration issue of the workers?
Pereira: The DoP has issued a recent order that garbage collectors are to be paid some Rs 300 plus. So the CCP is violating the Equal Remuneration Act. They are being paid Rs 221 per day now.
Herald: What is your take on the termination of these workers?
Pereira: Even assuming that the strike is illegal, they cannot be terminated. Even if ESMA is applied, they can be arrested. Under the Industrial Disputes Act, the strike has to be declared illegal by the government and the consequence of this is that the union office bearers are penalized at the most. Also termination of Dalit workers for going on strike even if it is illegal amounts to an atrocity under the SC/ST (Prevention of Atrocities) Act.
