What does one do when Government departments exploit tribals and pay them less than their due?

The forest department, the Integrated Tribal Development Agency (ITDA), the roads and buildings department, forest contractors and even naxalites are involved in the murky goings on that rob the tribals in East Godavari district of their due wages.

For almost a decade now some 50,000 tribals working in the forest areas of the district are being paid much less than the minimum wage stipulated by the Andhra Pradesh Government.

Be it cutting wood, laying roads or working on minor irrigation projects in the agency areas, the tribals are underpaid and in most cases, the rates are fixed in consultation with Naxalite groups.

Take, for example, beedi leaf collection, in the Telangana region of the State, the forest department deals directly with the leaf-pickers. This work is entrusted to contractors in the coastal districts. The rate fixed by the State government is 75 paise per bundle of 1000 leaves.

In the Telangana district, the Naxalites have ensured in some cases that the tribals get a higher rate than that fixed by the Government. In the agency areas of East Godavari, the prevailing rate is only 60 paise per bundle.

Agreement with Naxals: Last year, the contractors paid the tribals 50 paise per bundle when the forest department rate was 55 paise. This year, the contractors have come to an agreement with Naxal groups and have fixed the rate at 60 paise.

As far as construction work and road laying are concerned, the minimum wage stipulated is Rs. 19.25 for a day’s work. The contractors under the roads and buildings department or minor irrigation have been paying only Rs.15 to the tribals. These rates too are fixed in "agreements" with radical groups.

While such is the situation in respect of contractors, the forest department fixes rates much lesser than that fixed by the Government itself. The state Government from time to time revises the minimum wages payable to different categories of workers.

The last time that the Government fixed minimum wage for forestry and timbering operations was in August 1990. Prior to this, the forest department and the contractors were going by the wages fixed in 1984.

Bamboo extraction is a major form of employment in the thick forests of East Godavari district and the forest department has fixed the rates of extraction for various sizes of bamboo. For the larger variety of bamboo (20-25 cm thick) the department is paying about Rs 250 to 300 more than the minimum wage fixed for this category by the Government.

Woefully low: For other sizes of bamboo extracted, the Forest Schedule of Rates (FSR) is woefully low. For instance, if the rate for extraction is Rs 810 per 1000 bamboos, the department pays Rs 600 in some cases and Rs 480 in others. As against a minimum wage of Rs 795, the department is paying Rs 480 to 330 in some categories.

The Rytu Coolie Sangham (RCS), a Naxalite organisation, on August 20 last year came to an agreement with forest officials and under this settlement the department has been paying Rs 550 (minimum fixed by the government Rs 810), Rs 450 (minimum wage Rs 795) and Rs 350 (minimum wage Rs 760) for bamboo sizes 15-18 cm, 12-15 cm and 6-8 cm respectively.

For stacking, the minimum wage notified in the state government’s gazette is Rs 250, the FSR has put it as Rs 160,while the RCS agreement has fixed it at Rs 150 per tonne.

These rates are only for the Arundinacia variety of bamboo. For the strictus variety other rates have been specified but here too, the actual amount paid is much lesser than the notified ones.

Kept secret: While the minimum wages to be paid are specified in the state government gazette, the forest department brings out an annual for works and strangely marks it " confidential". The rates are to be notified publicly but the department keeps its official rates (FSR) secret and notifies only the rates fixed in agreements with Naxal groups. In many cases, the amount agreed upon is lesser than the FSR.

The Naxalites maintain that but for their intervention, the forest department and contractors would have paid much lesser. They contend that when contractors were paying a daily wage of Rs 12, they got in enhanced to Rs 15 and even Rs 18.

Mr. P. Sivaramakrishna, director of Sakti, an organisation working for the welfare of tribals in East Godavari maintains that the Naxalites should ensure that minimum wages are paid. There is no point in getting the tribals Rs 15 as wages when the Government has fixed the rate at Rs 19.25 he contends.

Even since 1987, Sakti had been fighting for implementation of minimum wages in the tribal areas. Neither the labour department nor the district administration has enforced the Minimum Wages Act in the forest areas, where some 50,000 tribals are stated to be working. The exploitation continues.

- News & Analysis Srikant Vittal
Indian Express Tuesday April 28 1992

The Act was intended to prevent sweating of labour through the payment of unduly low wages. As many as 36 unskilled workers filed a petition against the officer of horticultural farm before enforcing authority claiming the wages as per the order. The matter was finally disposed off recently directing the officer to pay Rs. 1,25,775 on which half of the amount as compensation for the delayed payments. They were being paid Rs. 19 instead of Rs. 26 by the time of filing petition in 1992.

Jayamma, president of workers told ENS she did three years legal battle to get the fair wages. Similarly on the petition filed by workmen of Horticultural farm at Vetamamidi in Addateegala mandal the enforcing officer ordered horticultural farm to pay differential wages and compensation of Rs. 95,046.

The successors said that they would move petitions again for the differential wages as per the revised minimum wages. While the wage board ordered to pay Rs. 39 the horticultural officers of different farms in the agency area of East Godavari district were paying of Rs. 26 only.

For revision and implementation of minimum wages in forest works

IN THE HIGH COURT OF ANDHRA PRADESH : HYDERABAD

W.P.NO. 5033/90

SAKTI
Vs
State of A.P. & others

Relief Sought: To revise the minimum rates of wages on the employment in forestry land timbering operations with in six months by issuing appropriate notification

Relief Granted: "Revised"

IN THE HIGH COURT OF ANDHRA PRADESH : HYDERABAD

W.P.No. 14398/91

ORDER Dated: 13-03-2002

SAKTI
Vs
1. Conservator of Forests, Logging Project Circle, Rajahmundry,
2. The Commissioner of Labour, Govt. of A.P., Hyderabad.

Brief Note: Petition filed direct to revise the forest schedule of rates (FSR) for works according to the minimum rates of wages in AP Gazettee No.268 dt.30.8.90.

Relief Sought: To direct the conservation of forests logging project circle to revise the forest schedule of rates for 1992-1993 in respect of Bamboo section in accordance with the minimum wages prescribed to workers working in Bamboo operations as per notification published in A.P.Gazette No.268 dated 30-8-1990 and consequently pay the differences in wages with effect from 1-4-1992 to the workers

Relief Granted: "The Ist respondent (Conservator of Forests, Logging Project Circle, Rajahmundry) as filed counter stating that the Forest Department revised the rates and issued orders for implementation of the same w.e.f. 1-12-1991.

In view of the revision of rates which were already effected by the forest Department, no cause of action survives for adjudication in this writ petition. Hence the writ petition is dismissed."

Date: 04-12-2001

To

The Principal Chief Conservator of Forests
Forest Department, Aranya Bhavan
Hyderabad

AND

The Commissioner of Tribal Welfare,
Telugu Samkshema Bhavan,
Masab tank
Hyderabad

Sir,

Sub: minimum wages - F.S.R., Rajahmundry Circle- F.S.R., Adilabad, Warangal and Khammam circle - discrepancies – guidelines of M.o.E.F., Govt. Of India – reminder with a poster- regarding.

***

The minimum wages of Forestry & Timbering operations were fixed in 1983. The wages should be revised for every five years. The wages were revised in August 30 1990, no. 268 at the instance of High Court direction in response to the Writ Petition filed by our Organisation. We found that the F.S.R. fixed by Conservator Rajahmundry are less than minimum wages. (table enclosed). We filed a Writ Petition in High Court seeking directions to follow the minimum wages, which is pending (W.P.No. 14398/91). Though revision of minimum wages is mandatory for every five years, government did not revise the minimum wages in the Forestry & Timbering operations for the last 10 years. The wages were revised recently in May 4 2001, no.178.

I requested Conservator, Rajahmundry to provide a copy of F.S.R. to enable me to give a feed back on differences, but in vain. But I secured a copy of it and also collected the copy of the FSR for Warangal circle also. I have compared the same and tabulated the anomalies. (table enclosed).

I would like to bring to your notice regarding the ‘guidelines on tribal-forest interface’, guidelines issued vide no. 13-1/90-FP(4) dated 18.9.1990 by Ministry Of Environment and Forests, Government of India. One of the guidelines is ‘Elimination of intermediaries and payment of fair wages to the labourers on forestry works’. The guideline stipulates

d) representatives of Tribal Welfare Departments should sit in the Wage Board appointed by Forest Department for fixation of daily wages rates.

f) uniform wage rates should be prescribed for similar piece of works throughout the area by the State Government for all agencies

g) for payment of wages for forestry operations the State Forest Departments and Forest Corporations should comply with the provisions of the Minimum wages Act.

(copy of guidelines enclosed)

I request both the Forest and Tribal Welfare departments to take the necessary steps in implementing above guidelines in bringing uniformity in the units of works and comply with the minimum wages. I request both the departments to communicate this issue to the P.O.s, I.T.D.A., who are chairpersons JFM committees in tribal areas.

Yours Sincerely,

(P.SIVARAMAKRISHNA)

SAKTI, 305, Ist Block,
Janapriya Abodes Apartments,
Gandhinagar, Musheerabad, Hyderabad.-80
Ph: 55614787

Enclosures:

1. Differences between Minimum wages gazette (1990) and F.S.R. Rajahmundry circle (1991-1992)
2. Discrepancies between F.S.R., Rajahmundry circle (2001-2002) and Minimum wages gazette- 2001
3. Discrepancies between F.S.R., Adilabad, Warangal and Khammam circles (2001-2002) and Minimum wages gazette-2001
4. Guidelines on tribal-forest interface, M.O.E.F., New Delhi., issued vide No. 13-1/90-FP dated 18.9.1990
5. Poster on the above guidelines

Copies to:

1. Conservator of forests, Rajahmundry circle
2. Conservator of forests, Adilabad circle
3. Conservator of forests, Khammam circle
4. Conservator of forests, Warangal circle
5. Secretary, Tribal Welfare Department
6. Principal Secretary, Forests
7. The Commissioner, Labour Welfare department
8. Joint Secretary, Forests

BEFORE THE AUTHORITY UNDER MINIMUM WAGES ACT AND THE ASST. COMMISSIONER OF LABOUR, RAJAHMUDRY

PRESENT: SRI Y. SURYA PRASAD? M. COM., B.L.

VIDWAN, CAIID. PGDPM, (NIPM)

STATION: RAJAHMUDRY

W. BO. 4/90 Dt. 26-4-91

Sri kanaal narasamm & 21 others,

Rampachodavaram .. Applicant.

And:

The Executive Engineer,

Girijana samshemam,

Rampachodavaram.

*******

This is an application filed by the applicant claiming Minimum Wages as fixed in G.O. Ms. No. 101. dt. 7-10-88. the respondent who is the executing body of the Governments informed in his letter dt. 22-8-90 that the matter is informed to the concerned contractors. But no contractor appeared before me. As such the application was heard from time to time and finally on 16-10-90.

Having considered all the material put forth before me, the evidence adduced and the arguments heard I deliver the following:

ORDER;

SMT. K. Nrasamma, one of the applicant was examined as AW-I. She deposed that she worked as the daily Labourer at pandirimamidi, in digging of canal for day in May 1990 ie, summer of the year 1990. Along with her 21 others who are applicants in the claim work for all the 10 days. Sri Seetapati who was supervisor used to pay them at Rs. 16/- PD. The Executive Engineer, Girijana Samshemam was the principal employer. As the are entitled for daily wage of 18-70. PS. Per day as per G.O. Ms. No. 101 dt. 7-10-88, they filed this claim for difference of Wages as they are all uneducated. Sri Sivarama Krishna of "SAKTI" Voluntaree Organisation was approached by them and with his help they filed this claim application. They pray this authority to award difference of Wages with compensation as deemed fit.

Sri. P. Babu Rao, another worker was examined as AW- 2. He deposed that he along with other 21 applicants worked at Pandirimamidi, during the May 1990 for 10 days and they were paid Rs. 16/- P. D. He also deposed the facts stated by the AW -1.

It is evident from the evidence adduced on behalf of the applicants that they were paid Rs. 16/- P.d. against the minimum Wage of Rs. 18-70 ps. As the applicant could no identify the contractor they preferred this claim against the principal employer. The respondent who is a principal employer also did not prove that the contractor is a contract Licensed under Contact Labour (Regulation and Abolition) Act. 1970. as such the responsibility of payment of statutory. Wage falls on him. However he may recover the said amounts in turn from the Contactors if any. As such I hereby held that the applicants are entitled for the Minimum Wage of Rs. 18-70 ps. As fixed G.O. Ms. No. 101, dt. 7-10-88. further as the poor and illiterate tribes are deprived at the Minimum wage and even the name of the Contractor which could have been exhibited at the place of execution of work was not made known to them I deem it just to award a compensation amounting to 2 times of the difference of wages.

Accordingly I hereby directed the respondent to deposit within 30 days from the date of this order Rs. 594/- towards difference of wages to give with compensation of Rs. 1, 188/-. He may recover the said amounts from the concerned contractors if any.

No order as to costs.

Dictated by me this 26 th April, 1991 and transcribe by the Steno-grapher and corrected by me.

AUTHORITY UNDER MINIMUM WAGES ACT

AND

ASST. COMMISSIONER OF LABOUR,

RAJAHMUNDRY .