Observación (CEACR) - Adopción: 1996, Publicación: 85ª reunión CIT (1997)

The Committee notes the observations respectively made by Bijli Mazdoor Panchayat regarding the conditions of life and work of workers employed in the "Ash Area" by the Gujarat Electricity Board and by the Federation of Unorganized Migrant Labour of Goa (FUMLOG) concerning precarious working conditions of migrant workers employed in Goa. The Committee also notes the Government's comments on the Bijli Mazdoor Panchayat's observations.

1. The Committee notes that, according to Bijli Mazdoor Panchayat, about 4,000 Scheduled Tribe workers, the majority being women (all belonging to the low caste called "adivasis"), are forced to work in inhuman conditions in the "Ash Area" by the Gujarat Electricity Board, a statutory board of the state government of Gujarat, notwithstanding that the "Ash Area" is attached to the Thermal Power Station and is a factory under the Factory Act. Bijli Mazdoor Panchayat states in particular that workers work in hazardous conditions without safety equipment for long hours without being paid for overtime. It further states that the factory inspectorate, the labour commission and other government agencies have taken no action for the implementation of the Factories Act, Industrial Disputes Act, Minimum Wages Act, Bonus Act, and Payment of Gratuity Act. Thus, Bijli Mazdoor Panchayat has filed a petition to the High Court of Gujarat for the implementation of various labour laws in the State of Gujarat.

In reply to the Bijli Mazdoor Panchayat's observations, the Government states inter alia that the complaint is not about the regular company (Thermal Power Station, Ukai) and its 2,150 regular employees, but is specifically regarding workers who are working outside the factory premises to separate burnt coal from the flowing water. The Government specifies that the Thermal Power Station, Ukai, is a government factory owned by the Gujarat Electricity Board which has given the work of lifting the burnt coal ash to a firm which employs 200 persons known as Mukadams, who have not been registered under the Contract Labour (Regulation and Abolition) Act. The Government indicates that no inspections have been carried out before the filing of the complaint. The Assistant Commissioner of Labour and the Government Labour Officer, Surat, have since visited the workplace and carried out an inspection. These officers have made inspection remarks under the Contract Labour Act against the Gujarat Electricity Board and the Ukai Thermal Power Station as principal employers and the prosecution proposal against them is under consideration by the Government. The Committee further notes that the proposal for action under the Payment of Gratuity Act is also under consideration and that the proposal under the Equal Remuneration Act, 1976, against the contractor was sanctioned by the Commissioner of Labour on 20 August 1996. It finally notes that no inspection has been made under the Factories Act as the matter is pending in court for a decision as to whether the Act applies to the "Ash Area" or not.

The Committee takes due note of these indications and requests the Government to indicate any development with respect to the above-mentioned writ petition of the Bijli Mazdoor Panchayat before the High Court of Gujarat. It also requests the Government to indicate any progress regarding the various prosecution proposals under its consideration.

2. The Committee notes that, according to the Federation of Unorganized Migrant Labour of Goa (FUMLOG), migrant workers are employed by factory owners in Goa under very precarious conditions of work, safety and living, without any social security protection and, in most cases, without being paid the minimum wage. The Committee notes that the Government has provided no information regarding these observations. It invites the Government to do so.