Shri Arvind Kejriwal,
Chief Minister of Delhi,
Secretariat, IP Estate,
Sub: Non Payment of statutory minimum wages to Workers by Sarna Bag Company (Gian International), G-7, Udyog Nagar, Peeragarhi Chowk, Delhi-110087
Dear Shri Arvind Ji,
By this letter, I am reminding you, the promises you and your Labour Minister Shri. Gopal Rai had publicly made on May Day this year that all employers not paying statutory minimum wages to their employees would be sent behind bars. I am sorry to say that till date, not even a single erring employer has been sent to jail for non-payment of statutory minimum wages. It is a well known fact that more than 85% of workers in the unorganised sector in Delhi are not paid wages as prescribed under the provisions of Minimum Wages Act, 1948.
Here is a case, where a worker Mr. Mustafeem Ahmed (M.9711907455), resident of 112, Ext. 2C, Nangloi, Delhi-110041 has given me a written complaint dated 3.07.2015, inter alia stating that he has been working with Sarna Bag Company (Gian International), G-7, Udyog Nagar, Peeragarhi Chowk, delhi-110087 as a Field Worker for the last 15 years continuously. His employer has been paying wages less than the prescribed rates but has been obtaining signatures against payment of full minimum wages.
At present, the minimum prescribed rates of wages are Rs. 9048/- per month though he is being paid Rs. 7285/- per month. Since December 2014, he has been refusing to sign the register unless he is actually paid full minimum wages which he has not been paid till date. Moreover, the worker is being threatened of dire consequences by the employer if the workman would make any complaint against him (employer). He has also stated that about 70 workers have been working with the said employer and all of them are paid wages less than what is prescribed under the law though signatures are obtained showing full payment of minimum wages.
It is interesting to note that, though about 70 workers are working with the said employer, neither Provident fund benefits nor ESI benefits have been given to the workers. The said employer is guilty of violating all the labour laws.
It is therefore requested that as per your May Day promise, necessary action for prosecuting the afore mentioned employer under Minimum Wages Act and other Labour legislations be initiated at the earliest.
Ashok Agarwal, Advocate
Advisor, Social Jurist