Jamshedpur, November 2: Advocate Akhilesh Srivastava has served a legal notice to both Tata Motors Jamshedpur and deputy labour commissioner of the district alleging failure in implementation of Mumbai High Court order on temporary workers.
The notice has been served on November 1 by the advocate on behalf of Afsar Javed, a temporary worker of Tata Motors and cited the Bombay High Court order on writ petition 5588/2017 (Shankar Bhimrao Kadam and others versus Tata Motors and other 51 petitions filed by temporary workers of Tata Motors Pune and claimed the Bombay High Court order has not been implemented in Jamshedpur.
“Tata Motors, with the help of its trade union leaders, has been getting the sons and daughters of former Tata Motors employees to work as temporary employees for permanent nature of work for about three decades and in return giving salary which is 25-30 percent of the salary allowance given to permanent employees,” alleged Akhilesh.
“It is also to be known that more than 3500 employees work in Jamshedpur plant of Tata Motors ion with poor facilities which is a direct violation of Article 23 of the Constitution. Due to this unfair labour practice of Tata Motors, dozens of employees were not made permanent employees and retired even after working for more than two decades,” further alleged Akhilesh.
“The Bombay High Court, passing the order, has found Tata Motors Pune guilty of Unfair Labor Practices and noted that after the completion of 240 days, according to the pay scale of the permanent employees, they should pay their full salary after calculating their back wages, along with it has also been instructed to consider them as permanent employees after 240 days,” said a release issued by Akhilesh.
“Even after an order of Bombay High Court, Tata Motors Jamshedpur has not implemented those instructions for the temporary employees of the Jamshedpur plant and neither has the District Labor Commissioner directed Tata Motors to implement those instructions,” writes Akhilesh.
Advocate Akhilesh has asked the deputy Labor Commissioner through the legal notice that as per the directions of the Bombay High Court, all the temporary employees after working 240 days should get a pay scale of the permanent employees, after calculating the entire outstanding salary to each temporary employee. It also asks the deputy labour commissioner to ensure that employees are made permanent, otherwise, legal action will be taken against both the deputy labour commissioner and Tata Motors.
Tata Motors spokesperson refused to comment on it.