2 ails study

8/13/2019 2 AILS Study

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Project

Capacity Building for the Promotion of Labour Rights for

Vulnerable Groups of Workers

Study Report

Naka Workers(Construction Industry)

Undertaken by

The Ambekar Institute for Labor Studies, Mumbai

Sponsored by

European Union
http://www.google.co.in/imgres?imgurl=http://indonesiamun.com/wp-content/uploads/2012/05/EU_Logo1.jpg&imgrefurl=http://indonesiamun.com/the-european-union-eu/&usg=__jjiV97dmHYkqZRTM2jJF9tlWRLQ=&h=320&w=420&sz=26&hl=en&start=19&zoom=1&tbnid=R_mnmneoJOKyKM:&tbnh=95&tbnw=125&ei=q7tNUOzXAq2QiQfyrYHYCA&prev=/search?q=european+union&hl=en&gbv=2&tbm=isch&itbs=1


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Report

Naka Workers

(Construction Industry)

Contents

Chapter 1. Introduction 3

Chapter 2. Profile of Indian Construction Industry and 6

Its Labour

Chapter 3. Conditions of Naka Workers 14

Chapter 4. Summary and Conclusions 33

Annexure I Report of the Public Hearing on Women 38

Construction Workers, Mumbai.

Annexure II Report of the Public Hearing on Women 41

Construction Workers


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Chapter 1.

Introduction

1. a. BackgroundSignificance of Construction Industry

The construction industry is a global industry known for its generation of jobs at

different skill and professional levels. In terms of value of its output, its global market is

reported to be around $1.5 Trillion as on today. But only a small portion of it is

distributed among its workers. In world labour market, construction workers are said to

be over 100 millions, constituting 6-7 % of the world labour force.

India is well accepted to have reached the stage of rapid economic growth, but

not rapid social development. Poverty, unemployment and inequality constitute the

major problems that India faces, especially from equity and social development points of

view. Indias labour force is predominantly unorganized, unskilled, poorly paid, of low

productivity and unprotected. Among the various sections of unorganized labour, the

labour in the construction industry is a large section suffering from poor working

conditions and adverse terms of work.

The construction industry in India is the countrys second largest economic

activity after agriculture. Migrant workers constitute a large section of construction.

Work is often carried out under hazardous conditions with high accident rates compared

to the manufacturing sector. Safety consciousness is yet to percolate at the actual

construction sites. There are many small firms/contractors less disposed towardscompliance of labour laws and safety requirements.

Influence of construction industry spans across several sub-sectors and

infrastructure, such as industrial and mining infrastructure, roads, ports, railways,

airports, power system, irrigation and agricultural system, telecom system, hospitals,

townships, offices, houses, and drainage and sewerage system.

There are many laws and regulations applicable for the construction industry but

their implementation has been notably poor. There is also high incidence of child labour

in this industry. Attention to their working conditions and welfare is of recent origin.

After several attempts the Building and Other Construction Workers (Regulation of

Employment and Conditions of Service) Act 1996 was passed which provides for the

establishment of construction workers welfare board on a tri-partite basis. However, the

position of the construction workers continues to be unsatisfactory and much needs to be

done beginning from mapping the profile through the primary data data on different

aspects of construction labour to specific measures for the benefit of this labour.


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Chapter 2.

Profile of the Indian Construction Industry, Objectives of the Study and

Methodology followed.

2. a) The Indian Construction Industry

Indian construction industry is, as stated earlier, a highly heterogeneous one

covering many types of construction like transport including roads and highways

development, building of multipurpose dams, industrial structures, and construction of

skyscrapers and big buildings for homes, offices, warehouses. etc. Thus products of

construction are vital for the development of business, industries and other socio-

economic institutions.

The construction sector in India evolved slowly on the patterns observed in other

countries. It needed large investments that were not available with the private sector. As a

result public sector enterprises including companies and departmental enterprises were

set up in addition to the separate departments in the governments at the centre and at the

state levels. These included the National Industrial Development Corporation (NIDC),

the Rail India Technical and Engineering Services (RITES), Engineers India Ltd (EIL)

and special legal entities for the construction for big dams and highways. Later Private

sector firms like the Hindustan Construction Company (HCC), M.N.Dastur & Co., the

Larson & Toubro Ltd (L&T), Reliance Infrastructure etc. also entered the field. It is

estimated that the construction sector in India contributes about 5% to the GDP and

employees about 30 million employees. It also contributes significantly for the capital

formation in the country.

The construction industry has about 200 major firms, over one lakh registered

contractors, and thousands of petty contractors. In 2004-05, the industry had a turnover

Rs. 42885/- crores. This is an underestimation because there are many construction

activities including civil repairs , private housing construction in remote places etc.which

may not have been properly accounted.

In Indias XIth Five Year Plan (2007-12), the public sector outlay for items

involving construction items ;like irrigation and flood control; industry and minerals;

transport and communications amounts to over Rs.10,00,000/- crores! With Indian

economy exhibiting a high growth rate of 8-9% and per capita GDP also rising (currently

$3339 in PPP terms), the scope for construction industry has been growing by leaps and

bounds. The Planning Commission, Government of India and the construction industry

have set up the Construction Industry Development Council (CIDC) to support and

promote the construction industry. It is estimated that over $300 billion investment may

be needed during the XIth Plan in the various infrastructure construction projects alone.


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The industry, till recently highly labour intensive, was helping in dealing with the

national problem of unemployment. However, now technological improvements and

innovations have begun to transform this industry into a high tech one, even in housing

sector, suited to build skyscrapers and towers. This has made the industry quite profit

oriented, yet with high risk and with poor prospects for the labour, especially to the

unskilled, and semi skilled workers in the industry.

2.c) Conditions of labour in the construction industry

The conditions of labour in the construction industry, both at the work place and

at the living place, can make anyone sad. The workers face enormous problems. These

are discussed below.

Working and living conditions of construction labour are, to say the least,

deplorable. All the studies and surveys on construction labour highlight their poor plight.

These problems are common to both Naka Market workers and other construction

workers. The only major difference is that the Naka workers are recruited from the Naka

markets and have to face problems associated with this market. The main problems of

construction workers are narrated below.

Lack of organization has been a serious problem for these workers. Apart from

the nature of the construction site in terms of its time span and locations, poverty, lack of

literacy and lack of awareness about their rights and potentialities contribute to their

inability to organize themselves. The employers or contractors too prefer non-uionized

labour because it helps them in having control over them as per their profit motives. The

intermittent nature of work, the construction projects being scattered at different places,and the projects being of a changing nature making labour to move from project to

project and the fear of job insecurity makes workers very vulnerable, leading to workers

becoming submissive and passive. This leads to their exploitation and perpetuation of the

poor working conditions.

Another aspect of the sufferings of the construction workers is the prevalence of

occupational diseases. Women and children suffer from a number of diseases like asthma,

bronchitis, skin diseases, diseases of reproductive system like hydroceles and

gynaecological problems. These are said to prevail on a large scale in Andheri, Kurla,

Chembur, Bandra, Khar, Haji ali, Worli, and Byculla areas of Mumbai. Such diseases

also affect the nearby residing population. It is reported that over one million

mumbaikars are suffering from such diseases. Construction workers suffer more because

if they fall sick and remain absent, they lose wages with chances of losing job itself.

From the point of view of equity this is a sad state of affairs. Intermittent sickness, poor

nutrition, and continuous work also lead to premature ageing and low life expectancy.


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A serious problem is that of safety and accident prevention. This becomes more severe

when workers have to work at high levels in skyscrapers as well as carrying materials on

staircases and scaffoldings. While safety devices are available both employers and

workers do not observe the necessary precautions. This often results in accidents. Though

these workers are covered under the Workmen Compensation Act 1923, the workers are

usually managed by the management with a lower compensation. Similarly wages too,

compared to the high risk in working in tall buildings, are quite low.

A major problem is that of migrant workers who are new to the environment

suffer several hardships like lack of knowledge of local languages, and absence of social

networks that can help them.

Lack of an adequate institutional framework for these workers deprives them of the

better aspects of life like proper schooling for the children, nutrition, medi-care facilities,

for the workers and their families including children making life isolated and deprived in

many aspects of good life.

BOX 1: Mumbai Mobile Crches - MMC

The MMC is a corporate body registered under S-25 of the Indian Companies Act 1956 with the objectivof serving the needs of children on construction sites. I t undertakes extensive activities on a large scato develop the children of construction workers who, left to themselves are poor, uneducated anvulnerable..Their main flagship activity is to cater to the educational needs of children right from the day they aborn. It runs crches for children of the 0-3 year age group, Balwadis for children belonging to the agroup of 3-5 years, and school for children of the age group of 6 years and above. The organization helpits school children to move to mainstream education by helping the children to enroll in nearby municipschools. Children from all parts of the country take advantage of its schemes. The children are also give

the enjoyment of field trips and educational outings. It brings children, parents, and teachers together oncommon platform. It also trains women belonging to the families of construction workers to becomteachers.

It also attends to the needs of preventive health and nutrition of the children who normally have littaccess to these services.

The MMC draws on extensive sources for fund raising and resource mobilization. It contacts buildergovernment bodies, academic institutions, industrialists and other civil society organizations to gdonations in cash and kind. Reputed industrial house support its activities. It also has significainteractions with similar organizations and networks with them extensively through programmes mea

for the children its schools.

This may be one of the very few organizations that take special interest in the development of thorganization also. Apart form taking help from companies like the TCS for introducing informatitechnology in its organization for its staff, it also provides opportunities to its staff, including womform the families of construction families working as teachers, to develop themselves through links wivarious educational programmes like seminars, workshops etc. It runs over 30m centers in the Mumbregion where childrens educational needs are effectively attended to. There is a need for more suc

organizations to stimulate the development of poor children all over India.


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2.d) Measures for protecting the rights of Construction Workers

Several measures are being taken to improve and help the conditions of construction

workers. But there are no special efforts to cover the Naka market construction workers

though their plight is somewhat different than the other construction workers.

The construction workers are covered by mainly four legislations. These are:-

a) Contract Labour (Regulation & Abolition) Act 1970.b) The Interstate Migrant Labour (Regulation of employment and Conditions of

Service) Act 1973.

c) Building and Construction Workers (Regulations of Employment and Conditions ofService) Act 1996, and,

d) The Building and Other construction Workers Welfare Cess Ordinance 1996.Government of Maharashtra has been pursuing the system of tripartite welfare

board with the objective of providing the construction workers benefits like Provident

Fund, health insurance, pension, gratuity and other benefits. The Government has started

collecting a cess of 1% of the cost of construction (excluding land cost) from the builders

from July 2010. The Governments target is to collect Rs. 1000/- crores per annum. The

employers have to provide safety apparatus, drinking water, crches wherever applicable,

toilet, first aid and canteen facilities. Workers in 18-60 years age group who worked for a

minimum of 90 days during the past twelve months can register with the board. By April

2011, over 18000 applications for registration had been received.

he Planning Commission & Govt. of India jointly with the construction industry hasset up the Construction Industry Development Council (CIDC) which has started

functioning from August 1996. Its important activities include standardizing contract

terms in domestic building industry, which helps in promoting contract activities without

much variations in contract rates. It also helps in promoting skills and employment of

high level engineers and technicians. Further it also promotes arbitration and dispute

redressal in the construction industry. The CIDC also take up the financial issues of the

industry. It was effective in its working to the status of industry for the construction

activity.

Apart from the efforts of government, the NGOs also attempt to help the

construction workers families. For example the Mumbai Mobile Creches (see Box 1)

provides educational and development facilities for the children of construction workers.

Nirman is another important institution which has been in the field for a long time,

helping construction workers in a variety of ways including providing welfare facilities,

and forming unions to protect construction workers from exploitation.\\However, as


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stated earlier, there is no organization or agency which works exclusively for Naka

workers. Since these workers come to the market in the morning and go away around

9.30 a.m. it has been difficult to contact them, mobilize them and organize them into

unions. They do not have a proper place, they keep standing looking out for work, and

there is no security of job or fixed tenure or wages comparable to those of regular

construction workers. The Naka workers do not get the facilities and opportunities

available to regular construction workers. All these facts highlight to the need for

bestowing special attention to these Naka workers which the present study is aiming at.

Box.2: Role of NICMARDiscussions with Dr.M.G.KorgaonkarNational Institute of Construction Management and Research (NICMAR) is a uniqueinstitution in the field of construction industry- its management and development.Dr.Mangesh G Korgaonkar, Director General, NICMAR highlighted its contribution anddiscussed frankly his opinion on the plight of construction workers, including the Nakaworkers.

He pointed out that NICMAR is now an institution at the post graduate level trainingengineering and architecture graduates in general management, construction management,real estate management, infrastructure finance, forex management and qualityengineering. The trainees are absorbed in good jobs after training through the campusinterviews. The NICMAR also effectively utilizes the distance education mode to offercourses like executive education and performance research.

Dr.Koregaonkar pointed out that construction offers vast scope for employment, but thereis no institution with adequate training inputs. He felt good quality vocational trainingshould be arranged. All concerned stakeholders should come together. According to him

governments role is very important in providing quality vocational training. Butunfortunately government appears to be not much interested. The vocational institutionshave not been able to ensure an adequate supply of skilled manpower for the constructionindustry. Private sector business organizations like the L&T, Hawre, HCC and ACC havespecial arrangement for training workmen in different trade skills. But there cannot be asubstitute for governments role. He alsopointed out that it is difficult to get experiencedpersonnel. And even if workers are trained, they leave if they get better opportunities.

A very significant aspect pointed out by Dr.Korgaonkar was the emerging changes in theconstruction technology in moving materials, mixing concrete cement, bending andcutting steel rods, construction engineering, prefabricated construction structures etc. All

such changes need a new set of institutions that can impart updated skills to workers. Nomore is construction technology labour intensive. He quoted Dr.Fixit as an examplewhich deals with repairs and renovations effectively. The training institutions must beexposed to the changes abroad in advanced countries to observe and absorb the modernAC system, electrical system, fire-fighting systems, high rise buildings and maintenancesystems. This is the challenge before the industry. Government support is also crucial inthis area.


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3.Objectives and Methodology

3.a)Objectives

It has been noted earlier that Naka workers need institutional support. It is proposed to

consider an establishment on institution like workers service centre. The overall

objective of the study is to understand the basis for developing the capacity of vulnerable

groups like Naka Workers in construction sector, so that they effectively access and

enjoy the basic labour rights and privileges in Indias labor markets.

The specific objectives will be:

To understand the problems and prospects of the construction sector in thecontext of employment.

To understand the skill requirements of the sectors to equip workers forupgrading their employability potential as the sectors performanceimproves.

To understand the living conditions of the labour force in the sector, theirlifestyles, needs and aspirations and attitudes towards forming organisations.

To arrive at possible opportunities to the labour force in the sectors forcapacity building and for improving their employment potential, their

quality of life, and

To understand the possibilities of encouraging them for forming theirorganisations for addressing to the common goals of attaining better and

secured living.

3. b) Methology:

This is an action research project. It will have different methods as needed and

suitable. The project has four parts/components.

The first part involves research activity. This will be a survey of Naka workers in

Navi Mumbai. A total of201Naka workers were selected randomly at four naka

markets and surveyed to obtain firsthand knowledge of these workers living and working

conditions. Secondly existing institutions serving the needs of the Naka workerswere

surveyed, to know the activities undertaken by these institutions for the improvement and

betterment of Naka workers. Interviews with management of selected enterprises were

also carried out to gather information on skill requirements of the enterprises and their

recruitment practices in the light of globalization and rapid global changes.

The first part leads to the second. In this part, the findings of the study referred in

the first part, the plight of the Naka workers, and the needs of the construction workers


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are considered and an appropriate institution would be established. The setting up of the

institution will take place over a period of six to nine months. There will be a

coordinating center if more such centers are established.

In the third phase attention will be paid to develop and implement capacity

building porgrammes to empower the senior staff of the visualized service institutions to

enable them to function innovatively and effectively. The contents of the programmes

will be carefully planned in consultation between AILS, MKI, employers/builders, trade

unions, worker representatives and the various vocational training institutions. At the

minimum the programme will cover areas like sustainable enterprise development, the

process of social dialogue and the practice of collective bargaining to equip worker/union

leaders and representatives and specifically cover the topics of basic Indian business and

labour economics; methods of data analysis, basic financial accounting including annual

financial statements, and terminologies used in the various reports of the company and its

management. Special efforts will be made to develop among them the skills analysis of

financial statements especially the Profit & Loss statements. Finally, management and

decision making will be taught to them through a management simulation programme

called BizSim.

Over a period of time the visualized service institutions are expected to develop

themselves and become independent so as to manage themselves with their own efforts

including raising of the necessary funds. At this stage all outside assistance will be

stopped and the service institutions will be expected to be self-sustaining and then this

action research project will end.

3. c) Research PartnersThe Ambekar Institute for Labour Studies, situated at Parel, Mumbai, is an autonomous

research and training institute working in the field of labour since 1976.

In thjis study the Institute sought the cooperation of Centre for Development, Education

and Research (CDEAR), located at New Panvel, which is operating a service centre in

labour community that provides vocational training and employment opportunities for

youth and women. This centre has been providing training for computer operations and

some other vocational training and helping the beneficiaries with opportunities for

employment. As a part of this initiative, the AILS has a team of investigators who

collected data for this study by conducting interviews in the target areas. The AILS was

also provided cooperation by Adhhar Kendra set up by Nirman located at Vashi for

collecting the data.


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Chapter 3

Conditions of Naka MarketWorkers In Navi Mumbai

This section takes up the analysis of the data collected in the survey of naka

labour market in construction industry.

Table 1. Residence of the Respondents

There are nineteen residential pockets in the Navi Mumbai. But most of the Nka

workers reside in a few of them. The above table reveals that over 80% of the sample

respondents reside in Vashi, Belapur, Koperkairne and Airoli areas. Table-1.It was felt

that these are the pockets where one can think of initiating the visualized service

institutions for the Naka workers and their families.

Table 2. Gender

The construction labour in naka is

said to consist of predominantly male

workers. This fact is corroborated here. An

overwhelming 95% of the workers are

males. Table No,. 2.

Name of Residence Frequency Percent

Belapur 45 22.4

Vashi 49 24.9

Kharghar 1 .5

Kopar Khairane 43 21.4

Rabale 2 1.0

Turbhe 10 5.0

Tilak Nagar 1 .5

Shirongaon 1 .5

Pawanagaon 1 .5Diwale 1 .5

Ghansoli 9 4.5

Nerul 2 1.0

Airoli 29 14.4

Atnur 1 .5

Kalyan 1 .5

Mankhurd 1 .5

Kurla 1 .5

Mhape 2 1.0

Kalwa 1 .5

Total 201 100.0

Gender Frequency Percent

Male 191 95.0

Female 10 5.0

Total 201 100.0


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Table 3. Marital Status

Marital Status Frequency Percent

No Response 2 1.0

Married 173 86.5

Unmarried 25 12.5Widow 1 0.5

Total 201 100.0

Among the respondents, a majority (86.5%) were married. Only 12.5% were

unmarried. A solitary respondent was a widow. It is difficult to account with any special

reason why large section are married. ( Table 3).

Fig. 1. Respondents Native State

As can be expected, among the respondents, a large majority (58.7%) are natives

of Maharashtra. Next group was from Karnataka (16.4%). It is not a surprise since floor

tiles fixing is a speciality of Rajasthani workers, the next largest group is from Rajasthan

(9.0%). The neighboring state of Andhra Pradesh accounted for only 5%. (fig. 1)

Table 4. Name of the Naka

As stated in the explanation for Table

1, in the above Table too, Vashi,

Belapur, Koperkairne and Airoli have

larger number of workers (83%). These

workers can be considered to be

fortunate to have their residence near to

their place of work. (Table 4).

No

Respons

e

Mahara

shtra

Karnata

kU.P Bihar

Andhra

Pradesh

Tami

lNadu

Madhya

Pradesh

Wesr

Bengal

Rajstha

n

Frequency 5 118 33 11 1 10 1 1 3 18

Percent 2,5 58,7 16,4 5,5 0,5 5 0,5 0,5 1,5 9

0

20

40

60

80

100

120

140

Name of Naka Frequency Percent

Belapur 48 23.9Vashi 59 29.4

Kopar Khairane 52 25.9

Turbhe 8 4.0

Airoli 31 15.4

Nerul 2 1.0

Total 201 100.0


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Table 5. Total no. of Years Employed

More than half the workers have

given their responses regarding employment

in round figures of 5, 10, 15, 20 years.

Largest section (38) among them stated they

were employed for ten years. Next group of

30 stated that they were employed for 15

years. (Table 5)

Table 6. Nature of work

As is clear from the above table,

skilled workers (21%) were a significant but

smaller section of workers. Semi skilled andunskilled workers (together 126) were over

60% of the sample respondents. It should be

noted that about 15% of the workers could

not be classified indicating the diverse nature

of the construction work. (Table 6).

No of years

(Actual)

Frequency Percent

No Response 5 2.5

1 6 3.0

2 9 4.5

3 2 1.0

4 4 2.0

5 17 8.5

6 8 4.0

7 5 2.5

8 5 2.5

9 4 2.0

10 38 18.9

11 2 1.0

12 13 6.5

13 4 2.0

14 4 2.0

15 30 14.9

16 5 2.5

17 3 1.5

18 4 2.019 2 1.0

20 17 8.5

22 3 1.5

24 1 .5

25 4 2.0

28 2 1.0

34 1 .5

35 2 1.0

36 1 .5Total 201 100.0

Nature of work Frequency Percent

N.R. 30 14.9

Skilled 44 20.9

Semiskilled 70 34.8

Unskilled 56 28.0

Total 201 100.0


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Table 7. Category of Labour getting jobs very often

Category Frequency Percent

Painter 56 28.5

Kadia 30 15.0

Bigari 75 37.5

Mistry 22 11.0

Mason 59 30.4Carpenter 12 6.0

Plumber 58 29.0

Fitter 13 6.5

Electrician 5 2.5

The responses of the workers show that significant section of workers is single-

skilled. Also those who are skilled like Painters, Bigaris, Masons, and Plumbers, get jobs

easily and more often. ( Table 7).

Table 8.Type of trade of workers available at Naka

Category Frequency Percent

Painter 137 68.7

Kadia 75 37.4

Bigari 98 48.5

Mistry 61 31.4

Mason 99 49.4

Carpenter 72 35.8

Plumber 124 61.8

Electrician 69 34.4

The table (No. 8) reveals that the categories of workers stated to get jobs easilyand frequently. i.e. Painters, Bigaris, Masons and Plumbers, are also available in plenty

and unfortunately a significant number of them do not get jobs. (Table 8).

Table 9. Job source

Source Frequency Percent

N.R. 45 22.4

Self attempt 28 13.9

Friend 9 4.5

Contractor 110 55.0Contractor +friends

4 2.0

Builder 5 2.5

Total 201 100.0

It can be seen from the above table that more than half of the workers (55%) get their

jobs through contractors. About 14% of the workers get jobs by their own efforts and


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attempts. What was surprising was that 45 respondents (22.4%) did not respond

indicating that they may be getting Jobs through a variety of sources but did not wish to

share the information. Five workers have stated that they got jobs directly from the

builder, which is interesting. (Table 9).

Table 10. Present Occupation of Respondents

Occupation Frequency Percent

N.R. 12 6.0

Bigari 27 13.4

Painter 67 33.3

Kadia 5 2.5

Eletrician 2 1.0

Plumber 11 5.5

Carpenter 3 1.5

Mason 30 14.9

Fitter 1 .5

House keeping 2 1.0

Mistry 36 17.9

Grinder 1 .5

Civil contractor 2 1.0

Petty contractor 1 .5

Total 201 100.0

The above table reveals that majority of the jobs were shared by Painters (67),

Mistry (36), Masons (30) and Bigaaris (27) and Plumbers(11) accounting together for

over 85% of the jobs. These trades also indicate high employment potential compared to

the trades of electrician, fitter, grinder etc. (Table 10)

Table 11. Periodicity of payment

Answer Frequency Percent

N.R. 7 3.5

Daily 162 80.6

Weekly 5 2.5

Monthly 3 1.5

Contract basis 4 2.0

Other 5 2.5

Daily + contract 13 6.5

Daily +weekly 2 1.0

Total 201 100.0


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It is clear from the table that an majority of over 80% received their wages on a

daily basis and very few were paid on monthly or even weekly basis. This indicates the

vulnerability and insecurity of the jobs in the construction sector. (Table 11).

Fig. 2. Monthly Income (in Rs.)

Majority of the workers (111) constituting (55.2%) received monthly income in

the range of Rs. 5001-10,000. A significant section of workers (66) received income in

the range of Rs.3001-5000. Only 4 workers received income more than Rs.10, 000 per

month. Obviously those who are skilled received higher income but the number of such

workers is very less. (Fig. 2). The average wage comes to about Rs. 5,890/- per month.

Table 12. Monthly Overtime

As regards overtime it was clear thatonly a small proportion of the workers get

over time payment (5%) It appears that even

if workers worked for more time, the very

practice of paying overtime was not there.

(Table 12.)

N.R.1001-

2000

2001-

3000

3001-

4000

4001-

5000

5001-

7000

7001-

10,000

10,000

above

Frequency 9 2 9 24 42 62 49 4

Percent 4,5 1 4,5 11,9 20,9 30,8 24,4 2

0

10

20

30

40

50

60

70

Frequenciee

Wages in Rs.

Frequency

Percent

OT in Rs. Frequency PercentNo OT / N.R. 189 94.0

1001-2000 7 3.5

2001-3000 3 1.5

3001-4000 2 1.0

Total 201 100.0


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Table 13. Total No. of Family Members

Actual Members Frequency Percent

N.R. 7 3.5

1 25 12.4

2 47 23.4

3 16 8.04 34 16.9

5 34 16.9

6 23 11.4

7 3 1.5

8 6 3.0

9 3 1.5

10 1 .5

13 1 .5

14 1 .5Total 201 100.0

The above table reveals that workers having 1 to 4 members in their family

constituted 60.7% of the total workers. Those having family members of 5-6 constituted

28.3%. Workers having family members seven or more constitute only 7.5%. The

average size of the family is 3.8 persons.(Table 13). It was clear that smaller families

were more which is a healthy sign.

Table 14. Other Earning Members in the family

Actual Members Frequency Percent

No /N.R. 149 74.0

1 28 14.0

2 16 8.0

3 8 4.0

Total 201 100.0

It can be seen from the table that a large majority (74%) have either stated that

there is no other earning member in the family or have not responded. This is in keeping

with the trend of not correctly quoting income sources or underestimating them. Among

the rest stating that there are other earning members, there were 8 workers who stated thatthere were 3 earning members in the family. Overall it was clear that Naka workers in

general were the sole earning members in their family. (Table 14)


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Table 15. Do you get Minimum Wage?


No 98 48.8

Yes 103 51.2

Total 201 100.0

Generally workers must be aware about the minimum wages that they should get

it. But in the sample almost half of the workers did not know what is minimum wage. It

points out to the need to make workers aware of what they are entitled to.( Table 15) The

present minimum wage declared by the State government is Rs. 6754 for unskilled

workers, Rs. 6854/- for semi skilled workers and Rs. 6954 for skill workers which is

inclusive of special allowance. Fig. 2 above indicates that only about half of the sampled

workers are getting minimum wages.

Table 16. Wages are decided on

A very large number (185)constituting over 90% of the workers have

their wages decided on a daily rate which

reflects their inferior position in the

bargaining which compels them to accept

daily wages. (Table 16).

Table 17. Who decided the Wages?

As regards the determination of

wages, 96 workers (47.8%) have their wages

decided by their contractor. It is surprising

that 32 workers constituting about 16% have

stated that they decide their wages. But it is

not surprising to observe 48 workers

(23.9%) not giving any response as they

may have just accepted the wages offeredsince they may not be having adequate

knowledge of wage determination. (Table

17).

Wage Basis Frequency Percent

N.R. 6 3.0

Daily wages rate 185 92.0

Contract ratebasis

7 3.5

Daily + contractbasis

3 1.5

Total 201 100.0


N.R. 48 23.9

Contractor 96 47.8

Worker 32 15.9

Contractor +worker

9 4.5

Owner +Contractor+Builder

16 8.0

Total 201 100.0


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Table 18. Level awareness of Central / state Govt. -Social Safety Scheme


No idea 193 96.0

Know SocialSecurities/PF/ESIC

5 2.5

Know theJanshree BimaYojana

2 1.0

Total 201 100.0

It is not surprising that the vast majority (96%) have stated that they are not aware

of or getting any benefit of any government scheme operating for their benefit. It is

necessary that they must be made aware of the scheme. Thus it points out to the

responsibility of unions, government and employers towards the workers. (Table 18)

Table 19. Did the respondent get Benefit of Schemes?


No 199 99.0

Yes 2 1.0

Total 201 100.0

It is unfortunately true that workers in general do not know the various scheme

that exist and as stated in the earlier table this tripartite responsibility must effectively

discharged so that workers lot can be improved.(Table 19)

Table 20. Naka a Convenient Place?


No 113 56.0

Yes 88 44.0

Total 201 100.0

The above responses show that workers are divided on the issue of their Naka

place. Majority are not satisfied with their place or location. But may among those who

say yes may not be fully aware of the fact that some basic conveniences like drinking

water facility are necessary. (Table 20)Table 21. Drinking Water

As is clear over 90% of the workers are not

satisfied with the quality of the drinking

water. This is also a health question. It is

necessary to ensure that workers get pure

drinking water. (Table 21).


No 184 91.5

Yes 17 8.5

Total 201 100.0


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Table 22. Public Toilet

The responses of the workers about theavailability of public toilet are revealing.

Overwhelming workers felt that public toilet

facilities are very poor and can affect their

health and smooth functioning. (Table 22)

Table 23. Harassment from authorities

Workers in Naka Market often face

harassment from public officials like the

Municipal authorities or police.

Surprisingly a large majority (61.7%) have

said that there was no harassment from

these officials. This may be perhaps because these workers meet in the morning before

busy hours of the Naka and public officials also do not visit the place at those early

hours. However, it should be noted that a significant section (38.3%) of workers have

said that they face harassment from authorities. (Table 23)

Table 24. Regular work

It is very important to note that

workers in the Naka Market do not getregular self-employment. In rainy season

they remain jobless or have to accept

lower wages as the demand is less in this

season. Similarly they are not recruited for long term; as a result they get only

intermittent employment. In the table an overwhelming section of workers (97%) have

highlighted these aspects. (Table 24)


No 176 87.5

Yes 25 12.5

Total 201 100.0


No 124 61.7

Yes 77 38.3Total 201 100.0


No 195 97.0Yes 6 3.0

Total 201 100.0


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Table 25. Activities when there is no work

It is sad to note the responses of workers in the table-25. 156 workers have stated

that they take rest when there is no work. If we add the responses of workers (22) who

have said they do nothing, it becomes clear that 88.5% remain idle. If the responses of

12 workers who said they spend time wandering or chatting, then a whopping 94-5%

remain idle which is a social waste and grinding poverty for the workers. Only one

worker said that he spent time in Library, but against these 4 workers said that they

spend the time on drinking and gambling! Only 3 workers have said that they do another

work. How to enable other workers also to get other jobs is the main question to be

tackled. (Table 25)

Table 26. No. of Days of Work available

It can be seen from the table ( Table 26)

that majority of the workers(107 workers-about

54%) could get employment for 20-25 days ina month which is of course a satisfactory state.

But 80 workers (40%) could get employment

only from10-20 days which is a highly

unsatisfactory state of affairs. These workers

need social help. Only 12 workers got

employment for 25-30 days in a month.

Status of Unionization

Table 27. Union at Workplace

It is observed that unionization rate

among informal sector workers normally

very weak. Surprisingly the above table

(Table 27) reveals that almost half of the

workers are unionized. But marginally the


Nothing 22 10.9

Rest 156 77.6

Wandering /Chatting 12 6.0

Reading at Library 1 .5Watching TV/Movies 3 1.5

Drinking /Gambling 4 2.0

Doing another work 3 .5

Total 201 100.0

No. of days Frequency Percent

N.R. 2 1.0

10-15 21 10.5

15-20 59 29.5

20-25 107 54.4

25-30 12 6.0

Total 201 100.0


No 103 51.5

Yes 98 48.5

Total 201 100.0


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non-unionized workers are more, highlighting the need to mobilize the non-unionized

workers.

The reasons for the high rate of unionization as reported was further investigated and it

was found that these workers have formed their own labour cooperative societies with the

initiative from NIRMAN.

1.

NIRMAN Initiative ( Box 3)

It was with the intention of responding to the needs of construction labourers and their families in Mumbai andneighbouring Navi Mumbai that Nirmala Niketan College of Social Work established a 'migrant workers project'in 1986. Later christened 'Nirman', it was registered as an NGO and now aims to bring measurable changes in thequality of life of the city's migrant workers.

Initially, Nirman, in collaboration with the City and Industrial Development Corporation of Maharashtra(CIDCO), conducted a study of 500 construction workers in Navi Mumbai to understand their socio-economicbackground and the occupational hazards they face. Based on the study, Nirman formalised its objectives andidentified the major areas of intervention education, training, networking and research.Nirman has thus beenable to respond to the specific needs and problems of this section of society and plan its strategies andprogrammes accordingly. It has also adopted the social advocacy model aimed at bringing in structural changes

at the policy level, so that the benefits will reach a larger number of construction workers.

Right from welfare work to union issues and advocating construction workers rights at both micro and macrolevels, Nirman has been diligent in its endeavours. The Nirman Mazdoor Sanghatana, a non-politicalorganisation initiated in 1990, is an offshoot of Nirman's efforts. This organisation promotes the democratic

rights of construction workers and advocates an equitable distribution of resources.

Nirman has also organised skill upgradation programmes in welding, plumbing and masonry in collaborationwith Jan Shikshan Sansthan at five different construction sites. These programmes have reached out to about20,000 men and women construction workers.

Nirman's interventions with women workers in the areas of health, education and savings have also been veryeffective. In addition, the organisation regularly organises recreational and cultural activities that help to create aclose bonding and lighten the burdens of the daily grind.

Apart from the NGO's success in setting up the crches / balwadisfor the children of the workers, Nirman runssix balwadisfor nearly 200 children at different sites. Its efforts in advocating the health rights of the workers inNavi Mumbai by networking with CIDCO, the Navi Mumbai Municipal Corporation, builders and contractorsare commendable.

Nirman runs its healthcare programmes at the various sites and nakas(street corners) where construction workersnormally congregate, and at its recently established Workers Development Centre at the CIDCO CommunityCentre in Nerul, Navi Mumbai. Along with training and skill upgradation programmes, it focuses on HIV /AIDScounselling and awareness programmes.

Nirman also works at various nakasand sites in Mumbai, and has extended its work with the Tamil migrants inDharavi where the focus is on HIV. In collaboration with the Sir Dorabji Tata Trust and Concern IndiaFoundation, Nirman has tried to set up cooperatives of the nakaworkers. It has also set up a sort of library oftools for one such workers' co-operative society, Nirmiti Bandhkam Seva Society. These tools may be used bythe members of the society for their personal use or may also be given on hire to other workers. These tool bankshave proved to be so popular that they are now being replicated elsewhere too.


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Table 28. Member of Union

The above table gives responses as to

whether they are members of the union.

Surprisingly only 52 said they are members.

The others include those who are not

members or do not wish to respond. Also

often workers join the union when there is need and keep away at other times. So it is

difficult to comment on their membership. (Table 28)

Table 29. If No-Reasons

Reasons Frequency Percent

No./ N.A / N.R. 149 74.1

Money Problem 3 1.5

No time 5 2.5

No interest 16 8.0

Less faith onunion /Leader

29 14.5

Nobodycontacted us

13 6.5

The workers appeared to be reluctant in answering t as to why they have not

joined the union. 149 workers constituting over 74% of the total did not respond.

Significant section (29 workers, 14.5% of total workers) of workers stated that they had

no faith in the union/its leader. It indicates the need to educate the workers and create the

awareness of the need of a union. (Table 29)

Table 30. Approach in cases of difficulties?

The respondents were not unanimous

on who they approached in case of

difficulties. The largest section (85 workers)

stated that they themselves struggled. The

next larger section (49 workers) said that

they did not approach anybody perhaps

because there was no need. The next section

(25 workers) stated that they approachedtheir co-workers and took their help. 20

workers took the help of unions. The

contractor was approached by 17 workers

for help. Few others (5 or less) approached

police or NGO Nirman or Naka president

in case of difficulty.(Table 30)


No./ N.A / N.R. 149 74.1

Yes 52 25.9

Total 201 100.0


Not approached 49 24.4

Co-Workers 25 12.5

Self Struggle 85 42.3

Contractor 17 8.5

UnionAuthorities

20 10.0

Local leader 3 1.5

Contractor orpolice

3 1.5

Worker + Police 5 2.5

Nirman 3 1.5

Naka President 2 1.0


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Table 31. Difficulties/Issues?

Issues Frequency Percent

No Job Security 37 18.5

Threaten By Native People 52 25.7

No Payment/Irregular 77 38.3

No Increment 13 6.5

No regular work 27 13.5

No Facilities 14 7.0

No convenient Timing 9 4.5

Harassment on work 8 4.0

Accident claims 11 5.5

Cheating by contractor 34 17.0

The table above shows that workers had several problems but these varied in

intensity. Many faced multiple issues. 77 respondents were concerned because they did

not receive payments regularly on time. Next larger group (52 workers) felt threatened by

the local people. Next group (37 workers) felt vulnerable due to job insecurity. 34

workers felt cheated by the contractor.27 workers had to face the issue of no-regular-

work. Other issues faced by workers (less than 15) were the absence of increments, no

facilities, dealing with accident claims and harassment at work. ( Table 31)

Table 32. System for grievances handling

Most of the workers seemed to have

no grievances as a large majority (78.5%)

either did not respond or said they did not

have any grievances. Of the remaining 23

(11.4%) workers said they handled

grievances through co-workers. Next 12

(6%) stated that they approach the union.

Other small groups relied on contractors,

builders, friends, relatives, etc. It is obviousthat the workers did not have any clear

mechanism to settle their grievances. (Table

32)


No / N.R. / N.A. 157 78.5

Through workers 23 11.4

Contractor /Builder 9 4.5

Police station 6 3.0

Through Union 12 6.0

Court 3 1.5

Mutually 4 2.0

Friends / Relatives 3 1.5

Dharana / Morcha 9 4.5

Through Nirrman 2 1.0


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Table 33. Mechanism for Settlement of disputes

Majority (153 workers, 76.1%) as seen from the above table (Table 33) had no

responses or had not dealt with settlement mechanism in cases of grievances. Of the

remaining, 35 (17.5%) relied on worker-groups, and 10 on workers and contractor.

Table 34. Training Obtained by Respondent


No. / N.R. 141 70.5

Yes 60 29.5

Total 201 100.0

As expected a large majority (141 workers, 70.5%) did not have any training or

did not respond. But a significant section of workers (60 workers, 29-5%) received

training which deserves high appreciation. Facility or access to training is very necessary

for Naka workers to improve their productivity and employability. (Table 34)

Table 35. If Yes, Which is the Trade?


N.A. / N.R. 154 77.0

Mason 18 9.0

Plumber 9 4.5

Electrician 3 1.5

Painter 16 8.0

Technical 1 .5

Total 201 100.0

In the earlier table (Table 39) 60 workers stated that they received training.

However when asked, training in which trade, only 47 responded. 18 Masons,16 Painters,


No /N.R. / N.A. 153 76.1

Workers group 35 17.5

Workers +contract.

10 5.0

Workers society 2 1.0

Contractor /

Builder8 4.0


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9 plumbers, 3 electricians and one technical worker received training. As stated earlier

training facility or access is a must for every worker. (Table 35)

Fig. 3 If no, which Training respondents want?

To the question of which type of training that workers would prefer, 53 workers

did not respond while 46, 27, 25, and 23 workers preferred training as painter, Mason,Plumber, Mistry respectively. 10 workers preferred training as electrician. Other small

groups (5 or less) preferred training various other fields. (Fig. 4)

Table 36. Duration of Training

On duration of training, a significant

section (44 workers) did not respond. But

almost all remaining responses (75% of

total) were that training should be of short

duration, as workers cant afford to lose

time when they are daily rated. Just 4

respondents preferred long term training. It

must note that remaining two preferred only

certification, which shows their confidence

in their skills. There may many who know jobs and have skills but no certification. Such

people can benefit from the scheme of certification of courses. (Table 36).

26%

13%

12%5%

23%

1%2%

12%

3% 2%1%

NR.

Mason

Plumber

Electrician

Painter

Technical

Carpenter

Mistry

RCC fitter

Chip Making

Crane Operator


N.A. 44 22.0

Short term 151 75.0

Long term 4 2.0

Only

Certification2 1.0

Total 201 100.0


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Table 37. Does Respondent afford fee?

The responses to the question whether

they can afford to pay the fees, elicited a

positive answer from majority of the

respondents (124 workers, 61.7%). A significant

section (76 workers, 37.8% did not respond or

felt there is no need for response. (Table 37)

Table 38. Respondent can spare time

To the question whether they can spare

enough time for training, majority (104

workers, 52%) said they would spare two hours

daily. Another significant section (50 workers,

25%) said they can spare one hour. 43 workers

(21.5%) did not respond. (Table 38)

Table 39. Training at Workplace

The workers were uncertain about

training at work place. A large majority (136

workers, 68%) did not respond. But a significant

section (65 workers) was agreeable for training

at the workplace.

Table 40. If yes, DescribeTo the question as to who all preferred

training at workplace, an overwhelming

majority (166 workers, 82.6%) did not respond

or were indifferent. (Table 40)


N.A. / N.R. 76 37.8

Yes 124 61.7

Total 201 100.0


No / N.R. 43 21.5

1hrs 50 25.0

2hrs 104 52.0

3hrs 3 1.5

Total 201 100.0


No / N.R. 136 68.0

Yes 65 32.0

Total 201 100.0


N.A. / N.R. 166 82.6

Mason 5 2.5

Plumbing 3 1.5

Painter 1 .5

Carpenter 1 .5

Organized by

NIRMAN

9 4.5

By Skilled/SeniorWorkers

4 2.0

Organized byContractor

11 5.5

Total 201 100.0


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Table 41. Availability of Training facilities /Institutions


No / N.R. 169 84.1

Yes 32 16.0

Total 201 100.0

The respondents were not sure about availability of training facilities, as indicated

by the non-response from 169 workers (84.1%). About 16% of respondents felt positive

about availability. (Table 41)

Table 42. Awareness of Health Hazards

Answer Frequency PercentNo / N.R. 51 25.0

Yes 150 75.0

Total 201 100.0

On awareness about health hazards, a large majority (150 workers, 75% ) said

that they were aware of the health hazards in the construction sector. But a significant

section (50 workers, 25%) did not respond. (Table 42)

Table 43. Safety Precautions taken at work siteAnswer Freque

ncy

Percen

t

No / N.R. 89 44.3

Medical treatment 11 5.5

Face covered by clothes 14 7.0

Using safety Measure +

Medicine9 4.5

Using safety measures 77 38.5

Avoiding accidents 1 .5

Total 201 100.0

The answers to the question as to how were they taking precautions, a large

section (89 workers) did not respond.77 workers said they used the safety measures.

Other small groups gave different answers. (Table 43)


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Chapter 4

Summary and conclusions

The study aimed at examining the present status of Naka Workers in

construction industry in Navi Mumbai and understanding the problems faced by them so

as to arrive at some solutions, as effective as possible, to overcome these problems.

The construction industry is second only to agriculture as far as provision of

employment opportunities is concerned. However the quality of employment, in terms of

wages, working conditions and social security support, is extremely poor. Workers are

less educated, their skills are non-formal, their awareness of their own rights is poor, and

many of them being migrants, or not organized and unionized. The conditions of

construction workers in Naka Markets are still worse. All these facts were highlighted

in a survey undertaken by the present research team that covered Nakas in the Navi

Mumbai region, covering over 15 localities in the region.

The following issues have come up prominently through the study:

1. The Naka market Workers do not get regular wages because they do not getregular work. Most of them earn less than the minimum wage. Their wages

are decided by the agents/contractor who hires them for the builder or

developer.

2. Most of the workers possess a single skill. Resultantly they do not get regularwork. Having multiple skills would have given them work for more number of

days in a month. They desire to obtain multiple skills but they do not have any

access to such training institutions/organizations from where they can obtainmultiple skills training.

3. Lack of unionization among the Naka Market workers reduces thebargaining capacity when they negotiate with the contractor/agent for their

wages.

4. Some Naka workers do not have capacity to buy the equipments/toolsnecessary to work with the skill they possess. They do not have such

credibility with banks and other financial institute to seek the loan for

purchasing the costly equipment and hence most of the times they remain out

of work. They do not have knowledge about the government other

developmental schemes through which they can avail of some financial

support.

The focus in this study has been on improving the conditions of Naka Market

constructions workers. Having studied their conditions and after identifying the key areas

for successful intervention in the problems, the present study focused on finding out a


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practical arrangement that will be multi-purpose and multi-functional and at the same

time that will be cost effective, accessible and beneficial to Naka Market workers. With

this view the research team met several experts in the field, visited organizations that

render different services to the construction workers including Naka workers. The team

visited organizations like Aadhar Kendra in Vashi, and NICMAR and Hamal

Panchayat in Pune and had fruitful discussions with their executives and observed their

working. A number of trade union leaders, NGO activists and academicians were also

interviewed to get more insight into the aspects. The arrangement that evolved is that of

service institution which can be named as Workers Service Centre (WSC) whichcan

deal with the problems of the target group and the challenges in mobilizing training and

increasing the employability of the members of the group.

The detail of the scheme of WSC that is proposed to be set up has been discussed

earlier in the report. This action research project will now embark on establishing the first

WSC at a suitable place in Navi Mumbai. After a year or so there will be a review to

evaluate the progress of the scheme. In the light of this evaluation, the scheme will be

modified, improved and expanded to meet the needs of Naka workers in the region with

an aim of making it self-supporting.

Workers Service Centres (WSCs)

Need

The data analysis of the sample respondents in the earlier section brings out the need

for some help to these workers. It was noticed that large groups were found in Vashi,

Belapur, Koperkairne and Airoli. These markets can be termed as having potentialbeneficiaries of WSCs. It was also noted that 95% of the responding workers were males

a large number of themwere also married.. If a family is taken as a unit of attention then

it was imperative to make the WSCs more women friendly so that they can also come to

the market and seek services to improve their family living by different ways.. It is

necessary to ensure facilities for these women and their children in terms rest room and

crches. They also need social security facilities. Their skills have to be undated to make

them more employable. These workers are exploited and are not provided adequate

wages. They also need opportunities for better employment and training. The workers do

not have toilet facilities. Worse, they also do not have pure drinking water facility. Above

all many of them are not organized. All these highlight the need for developing some

institutional structure that will help these workers in overcoming their difficulties and

strengthen themselves. And for this one suggested solution is the institution of WSCs.


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Structure

The structure of these centers has to be developed depending on the activities

planned and the scale of operation. To begin with there will be one center that will have

centralized facility at one place. But as more centers are established, a separate leading

center or one of the centers could double up as apex center. Again within a center there

will be services offered by different persons with a coordinator at the top. Further in each

center there will be 3 broad sets of activitiesone looking after various welfare facilities,

one for skill development and education. And one dealing with skill building and

employment/self-employment.

The composition of each center will depend upon its various needs, number of

workers it has to cater and intensity of activities to be carried out. Ideally there should

five personnel. One manager at the top, three persons for the three broad categories of

activities and one coordinator who will attend to the needs of individual workers and their

development may be tried. The composition should be periodically reviewed as the

center expands and activities increase.

Functions

Here the focus is on the function of the center as a whole. The center will have

the functions of:

a). Mobilizing workers in categories depending on the needs and the problems

faced. b) Arranging for the employment of those who have skills or for their self

employment c) estimating the excess supply and shortage category, d) determining the

skill training needs and retraining or multi-skill training needs, e) locating and contacting

training institutions and f) arranging or facilitating for need based training programmes.

There can be several approaches for classifying workers, their training needs,

mobilizing funds, placement methods, determining wages and incentives and so on.

These will depend on the workers abilities and capabilities, supporting institutions and

their capacities, availability of jobs and their potential and the scale of support.

Approaches will be dynamic and made adaptable.

Some Workers Service Centres (WSCs)

Attempts have been made to conceptualise some sort of service centers to help the

Naka Workers. The services may also be available to other construction workers. We

have already discussed the cases of Mumbai Mobile Creche (Box 1) and NICMAR

(see Box 2). We consider some more cases here. A good illustration of a typical service

centres are 1. Aadhar Kendra and 2. Hamal Panchayat.


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The Aadhar Kendrais functioning from a small room at the Vashi Bus Depot.

An analysis of its functioning revealed what all can be expected from a WSC that can

help the Naka workers in a variety of ways and almost all the needs of the Naka workers.

The details are given in Box 3 below. The Aadhar Kendra also appears successful since it

has been networking with a variety of organizations and in addition has been innovating

to make the scheme successful and to some extent sustaining also. There are other

organizations like the Hamal Panchayat which seems to be facing enormous difficulties.

The construction workers for whom the Panhayat is working appeared to be extremely

poor and hardly educated. Details about Hamal Panchayat are provided at Annexure I.

The research team also interviewed some trade union leaders who had experience

in leading Naka workers and helping them. The team was impressed with one

Mr.Patharia who began his career in 1984 with Mathadi Labour board. Later he got

associated with several NGOs and labor organizations working for Naka workers in

Mumbai, Raigad, Thane and New Mumbai, Panvel. . He helped workers in promoting

union activities as well as welfare activities. According to him the best way to mobilize

workers was through welfare work. He said that creating leadership was the main

problem but it was also the correct and effective solution for helping workers. Another

senior leader was Mr. Baba Adhav, a well known senior trade unionist leading Hamal

Panchayat based at Pune. He was leading a large group of labourers like hamals,

ragpickers etc.. He pointed out that since workers are not well educated and poor they

were exploited. His union is helping poor workers including Naka workersin Pune in

getting basic living facilities for them.


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Box No. 4- Aadhar Kendra

xxxxxxxxxxx

Aadar Kendra is a multi-purpose organization dedicated to improve the lot of construction workers. It is

led by Alupam Salvi. It has also centers in other places like Kalamboli. Womens activities in the centre,

among others, are managed by Rashmi pawar.

The Kendra has mobilized and organized a significant section of 250-300 construction workers,especially the Naka workers. It helps them to get jobs, arranges for the training of these workers

and has formed some cooperatives to help workers to help themselves and counsels them.

It maintains records, including a Register of workers. It acts as a service center for the workers. It

is known for its services since it is located in a convenient place in Vashi Bus Depot. As a result,

whenever there is demand for any construction activity or repair work the needy customers

approach the center which discusses their needs, fixes the wage rates for the construction workers

of Naka market and sends suitable workers from the pool of workers who have registered

themselves with the centre. It also takes up larger orders involving a larger number of workers

under a contract. It maintains a detailed data base of the workers registered with it which enables

it to respond immediately. It also collects newspaper articles on relevant matters that will be usefulto the construction workers. It also brings out pamphlets covering subjects that are helpful to the

workers. It also maintains records of its members for police verification purposes, thus developing

the confidence of the customers about workers.

The center has a good record of working with governmental organizations as well as non-

governmental organizations (NGOs) undertaking collaborating activities for the benefit of workers.

Earlier its Leader Mr.Vijay Kanhere had formed joint venture with the organizations in Pune to

implement schemes that provided employment to its workers. It helps unorganized workers also.

It also arranges training programmes for the workers in trades like plumbing and arch-welding

with the help of organizations like the Nirman. It also arranges short term training courses in newcomparatively newer areas.

It also implements schemes of self-employment schemes. It mains a Tool Bank from which it rents

out machinery and equipment for workers on a rental basis which enable workers to get self

employed.

The Kendra promotes Self Help Groups (SHGs) from among its members, especially women

members. The Kendra also undertakes welfare and health activities in the interests of health of

workers. It arranges AIDS/HIV campaign with the help of NGOs like the Nirman. When workers

suffer injuries while at work, The Kendra helps them in getting compensation under the

appropriate law.

Thus the Kendra functions as a typical Worker Service Centre that is sought to be developed

under the present action research project.


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ANNEXURES

Annexure I

Hamal Panchayat, Pune

Background

Called Hamals in Maharashtra, manual load carriers are the backbone of

commercial activity in every city. One of the most strenuous manual jobs is the

job of a coolie (porter) who is expected to carry heavy loads on his head or

back. The work of carrying heavy gunny bags on the backs or heads involves a

lot of physical strain and health hazard. One coolie is expected to carry a bag

weighing 75 to 100 kilos. Some of them work in this fashion for 12 hours a day.In Pune, there are over 14000 Hamals engaged in regular work. By about 1953 or54, some coolies like Shri Laxman Mudrik, Shri Yashwant Hargude and a few

others decided that they would build up an organization of coolies. However,

most of them were illiterate and had no training or experience in organising a

union. By this time they came in contact with a Socialist, Dr. Baba Adhav, who

was a medical practitioner in a health centre owned by a socialist group, and

requested him to help them in organising a union. He undertook the responsibility.

Thus the nucleus of Hamal Pachayat, now a powerful organization, was formed in

1955.

Office is Located at Timber Market a crowded area near Pune Station. All the

services provided are within area of one kilo meter away from the head quartersof the Union. The Hamal Panchayat acts as a security blanket for porters, offering

them basic economic facilities. The first step of the organisation was to guarantee

these unskilled workers provident fund and gratuity. The society struggled long,

for many years since its inception, and the breakthrough came when the Supreme

Court, in 1980, ordered the constitution of a Mathadi Board to mediate and

institute social and economic welfare measures for hamals.

At present its membership is over 2000, consisting of head loaders, auto drivers, domestic

workers, construction workers, and rag pickers.

SERVICES PROVIDEDUnlike many other unions in this country, this union runs a number of welfare projects

for its members with the aim and objective of improving the overall quality of life of the

coolies. The main projects are --- a) Kastachi Bhakar (Hard-Earned Bread) b)Hamal-

Nagar (a housing colony) c) Hamal Bhavan (a community centre d) Book-bank e)

Brotherly-help f) a dispensary g) a grain shop h) cattle fodder shop. A short account of

each of these projects is as follows:-


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1. Kastachi Bhakar :The scheme employs 77 women workers on permanent basis and 25 more on a

casual basis. In addition to these women 32 male workers look after transport of

food and sales. Wholesome breads (chappati or Bhakari) along with some

vegetables and sweets are cooked every day and sent to 9 centres in the city of

Pune. The food is sold at a cheap rate to members and other workers, till about

10.00 p.m. About 5000 people take the food every day.

The unique feature of this project is that all the people managing the project are

illiterate or semi-literate coolies. But they manage all purchases, sales etc. The

women employed are from the members families or often widows of former

members.

2. Hamalnagar :Most of the coolies working in the wholesale markets of Pune are from the rural

areas of Maharashtra. They came to the city alone, leaving their families in the

villages. In Pune they live either in the godowns of merchants, on the verandahs

of the shops, or in the slums nearby. The Panchayat secured a plot of 5 acres at a

cheap rate from Pune Municipal Corporation, and built houses of 250 sq.ft.

each.The Panchayat also secured bank loans for members who wished to purchase

houses. So far 400 members have been provided houses.

3. Hamal Bhavan : (A Community Centre)

The Panchayat acquired a land on 99 years lease from the Marketing Board and

has built a three storey building in a new suburb of Pune. This building was built

entirely out of the Rs. Six lakhs building fund started from members contributing

Rs.201 each. No donations from outside agencies were accepted. One floor of the

building is utilized by the administrative office which implements the Mathadi

Kamgar Act for these workers. The others two floors are let out to the members or

other social organizations at cheap rate for weddings and other functions. The

Panchayat also holds its meetings and functions in this place.

4. `Brotherly Help Fund :The Panchayat has a fund for providing immediate monetary help to the widow

and children of a member in case of his sudden or accidental death. In addition to

this, once in a year the widow gets Rs.250 from the fund as token help. These

women are encouraged by the panchayat to be self-supporting by giving them

sewing machines and finding them other means of livelihood. In the year 1985, 18

widows received such aid.

5. School And Book Bank:


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A new school building has been built up by the HP in which the children of the

members and the nearby community are enrolled. The school runs from 1stand

10thSTD classes.

In order to encourage their children to attend schools, the Panchayat has also set

up scheme of a book-bank. Needy children are provided text books from the book

bank. Those of them who go in for higher education receive a financial aid also

from the panchayat.

6. Dispensary :From 1975 onwards Panchayat started a cheap dispensary. The dispensary

provides cheap medicines to members and at the same time educates them in

healthy living. All attempts are made by providing lectures and demonstrations

etc. to wean members away from superstitions & witchcraft. They have to pay a

token amount of Re.1 for the medicines they receive. As these workers are not

covered under the Employee State Insurance Scheme, the Panchayat has its own

health-fund from which this dispensary is run. If the worker needs hospitalization

or surgery, the Panchayat helps the member to get these facilities at cheap rate.

There is a special section for women and children and provision is made for

immunization of children and family planning advice for women.

7. Workers Co-Operative :In 1966 some members of the Panchayat formed a worker cooperative with the

objective of getting contracts of loading and unloading operations from marketing

agencies of the Central or State Governments. This cooperative was a success for

about 12 to 13 years. Later on they could not get the contracts and could not get

the dues in time. Hence the cooperative ran into trouble. It still has members, but

they now buy and sell cattle fodder and run a grain shop. These two new avenues

of income have proved a success.

This short account of the welfare facilities provided by the Panchayat to its members

shows that the Panchayat, unlike many other unions which cater only for the industrial

problems of the members, is trying for an all round improvement in the quality of its

members.


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Annexure II

REPORT OF THE PUBLIC HEARING ON WOMEN CONSTRUCTION

WORKERS

MUMBAI, FEBRUARY 11, 20042

A Public Hearing on the status of Women Construction Workers was held in Mumbai onFebruary 11, 2004 at the instance of the National Commission for Women. The Hearingwas conducted by Ms. Poornima Advani, Chairperson of the National Commission forWomen. The hearing was attended by Sh. M. B. Gadre, Labour Commissioner,Maharashtra.Over 400 workers and government officials testified before a panel comprising of formerHigh Court Judge S.D. Pandit, veteran trade union leader Dr. Baba Adhav, trade unionistand researcher Sujata Gothoskar, advocate Sanghraj Rupwate, Nirmalatai Prabhawalkarand Abhay Mokashi, a media consultant.

The public hearing was organized by the Nirmana Mazdoor Panchayat Sangam in the

premises of the Mumbai Marathi Patrakar Sangh in collaboration with the Joint ActionCommittee for Construction Labour, Nirmana Mazdoor Sangathana, Asangathit ShramikSamajik Suraksha Parishad, and the India Centre for Human Rights and Law.The public hearing was conducted on the status of the implementation of the Buildingand Other Construction Workers (Regulation of Employment and Conditions of Service)Act, 1996 and the Building and Other Construction Workers Welfare and Cess Act,.1996.Opening Session

In his opening remarks, Dr Baba Adhav said that of the 40 crore workers in the countryonly two or three crore who work in the organized sector are covered by any protective

laws that entitle them to decent wages and social security benefits. The rest work indifficult conditions and the majority does not get minimum wages or sufficient earningsto feed themselves and their families. In this situation, it is vital that all workers becovered by suitable legislation that ensures their right to livelihood and social security.On the special problems of construction workers Dr. Adhav said that constructionlabourers are practically bonded labourers. Contractors bring workers and their familiesfrom distant states. This ensures a workforce that is totally dependent on the contractorfor survival. Many of these workers cannot speak the local language and are unable tocommunicate their problems to local authorities or trade union persons or social workers.

Baba Adhav pointed out that many construction labourers die in accidents but the

contractors and builders cover up these cases. They send the bodies back to their nativeplace and claim that the deaths were because of liquor consumption.

2Sujata Madhok Report on the Status of Women Workers in the Construction Industry;National Commission for

Women,New Delhi;2005


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He said that although construction work is hazardous in nature, not a single worker iscovered by accident or life insurance. Even those working on large projects are notinsured. In contrast, the workers on every lorry have to be insured, including the driver,cleaner and helpers. It should be mandatory for construction workers to be insured.

He suggested that at the stage when building plans are passed, municipal bodies musttake an undertaking from the person/agency planning the construction that adequateprovision is being made for housing the workers and providing water and sanitation, anda crche and schooling facilities for their children.

He also said that cheap credit should be available to construction workers and otherunorganised sector workers, including the self-employed, both for consumptionexpenditure and for buying tools etc. Construction workers, he said, are always in debt. Itis strange, he pointed out, that when a poor person borrows money they have to payhigher interest than a rich person. A worker who takes Rs.90 in the morning has to payback Rs.100 in the evening. Minimum 10% interest per day is the norm and sometimes itgoes up to 25%. The government has no provision for loans to poor people but it ensuresthat the rich get cheap loans. A businessman pays interest at a maximum annual rate of

18%. Banks and insurance companies are all benefitting the business class and ignoringthe needs of workers. Of the 2 crore nirman mazdoor, how many have bank accounts, heasked.

He demanded that Construction Workers Welfare Boards should be immediately set up inall states. At present only the three states of Tamil Nadu, Kerala and Delhi have Boards.Among the welfare benefits being denied to construction workers are drinking water,accommodation, employment regulation, payment of minimum wages, equal wages forwomen, creches and schooling for children.

Only strong organisations of workers can ensure that they get these rights, he said. Baba

Aadhav also appealed to all workers to give up alcohol and stop destroying their ownlives and the lives of their families. He alleged that contractors encourage consumption ofliquor to keep the workers in a stupor and unable to challenge them. There may be nodrinking water in a zhopadpatti but there is always liquor flowing.

Arokya Mary, a spokeswoman of the Asangathit Shramik Samajik Suraksha Parishad, analliance of 20 organisations formed for collective action and pressure on issues ofunorganized sector workers,expressed solidarity with construction workers. She said theParishad wants deprived groups like rag pickers and domestic workers to be treated assemi-skilled workers and given insurance, medical facilities, maternity leave and otherbenefits.

Subhash Bhatnagar of the Nirmana Mazdoor Panchayat Sangam said the organizationhad struggled for nearly 20 years to get social security for construction sector workers.Although the lobbying and advocacy had focussed on the Central Government in NewDelhi, the inspiration had come from Maharashtras Mathadi Labour Act. In 1996,

Parliament finally enacted the two laws to protect construction workers and set up Boardsfor their welfare.


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Regrettably, these laws have still not been implemented. Only six states have madeserious efforts to implement these laws so far. Maharashtra has still not set up a WelfareBoard. It is to inquire into this non-performance and highlight the plight of womenconstruction workers that the National Commission for Women has sponsored the seriesof public hearings.

He said that unemployment in the construction sector is increasing because ofmechanization. In Delhi there are huge construction sites where flyovers and roads arebeing built. An entire metro network is being built by the Delhi Metro Rail Corporation.But on all these sites one sees hardly any women workers. All workers currently face thethreat of being displaced by new, sophisticated machinery but women are the worstaffected, being the least skilled workers. The majority of women are employed as headloaders. They are being displaced by new, crane-type concrete mixers that mix theconcrete and convey it mechanically to the place where it is required. Bhatnagar urgedthe National Commission for Women to provide retraining for these displaced workers sothat they can find alternative employment.

Women from several organizations of the unorganized sector in Maharashtra testified at

the Public Hearing to the problems they faced in finding work, getting paid andsustaining themselves and their families. They said that unemployment was a constantproblem.

Women construction workers said there was discrimination in wages, with the contractorspaying them Rs 80 per day while paying men Rs 100 per day. They had neither rationcards nor electoral identity cards. Constantly relocating homes from worksite to worksiteand living in impromptu housing without clean water and sanitation was extremelydifficult. This affected their health and that of their families. Childcare, they said, is aspecial problem, as children are particularly vulnerable to accidents on the worksites.Children cannot be educated because of the constant relocation. Sexual harassment and

non-payment of wages are major problems.

Sagar Taide of the Satyashodhak Kamgar Sangathana said that no city can run withoutworkers but because they are unorganized they are unable to pressurise the government tolook after their needs. The problems of women in construction are the same as those ofother women workers. All workers are at the mercy of thekedars and employers. A majorproblem of construction workers, he said, is the lack of proper employment venues. Tofind work, they are forced to stand in the open and wait for contractors to offer themcasual daily work. When workers stand in the naka (crossing) shopkeepers andbusinessmen object and complain to the police. Police do not take the side of workers.Workers in the entire unorganized sector have to organize and become a strong collective

force to get justice, he said.

Kamla Pawar, a worker from Mulund, testified that although she and her neighbours hadlived in the same zhopadpatti for 20 years the police is now trying to evict them. Sheasserted that it is their right to have proper housing in the city.

Machhendra Wankhede of the Asangathit Shramik Panchayat pointed out that allworking people in Mumbai are at the mercy of the local goondas and police. Women


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fehriwalas and other vendors are forced to pay hafta to the police and the corporationstaff to be able to work and earn a living. Neelabai Pasare, a construction worker fromMumbra, said she stands in the naka every morning,sometimes from 8 a.m. to noon,waiting for work. There is no guarantee that she will get work. She earns Rs 80 perworkday and her husband earns Rs 100. In Kalyan (a Mumbai suburb) the wages arelower, with women getting only Rs 70. Workers, she said, generally have to commutelong distances and have to pay for their transport themselves. They get no bonus, nothingextra. The construction companies exploit them by making them work extra hours.Contractors invariably delay payment, often paying out Rs 5 at the end of the day withreluctance.

Pasare also strongly asserted that it is their childrens right to get education. They cannot

afford to pay donations. Children should be able to study till at least the 12th standard.She complained that workers like her are forced to live in zopadpattis in terribleconditions. The children are constantly exposed to the sun and the rain. Workers do notdemand air conditioned rooms, she said, but should at least have pucca housing.

Vaijayanta, a lecturer w

2 ails study

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