Gardeners Of Delhi's Historic Shalimar Bagh Struggle To Survive As Authorities Turn A Blind Eye

Once envisioned as a beautiful garden by the Mughal emperor Shah Jahan, where he could sojourn, Shalimar Bagh in North Delhi is an upscale residential colony in the present times.

Perhaps, that¡¯s why, the place is abandoning the ones who have traditionally taken care of it - the gardeners. Around 50 of such workers live in the area, resigned to abject poverty, devoid of their basic rights, minimum wages and in constant fear of being evicted or beaten.

Birender Singh, one of the several affected gardeners in the area, is an aged man. Now in his 70¡¯s, he has been working on an electric lawn mower without any safety assurances for the last 15 years, starting with a paltry sum of Rs 2,500 per month.

He recounts his confrontation with the contractor¡¯s representative, Jaiprakash, when they asked for their rightful remuneration.

¡°When the entire process of wage payment was digitized in 2017, we went up to him to ask for the payment to be sent to our bank accounts. He kept our bank passbooks and aadhar cards, promising us to pay by procedure from the next year.

When last year, the Delhi government brought forth the rule that every unskilled worker should receive a minimum pay of Rs. 14,000, we again confronted him. He again started stalling us and asking us to come back the following month.¡±

But when that proved unsuccessful, the contractor fired all the workers from work without any kind of intimation. Moreover, he even threatened, abused and beat them up, refusing to give them any kind of employment. Birendar has been out of work since 1st August, 2018.

¡°God knows I had nurtured these gardens with utmost dedication. I might not have asked for any written proof, but I had definitely trusted him,¡± he said.

Ramdhin, another worker who was fired has not received his passbook from the contractor till date, shares his plight. ¡°I used to earn only Rs 6,500 for working here and taking care of the garden,¡± he said.

A recent survey conducted by the All India Central Council of Trade Union (AICCTU) in 5 major industrial areas of Delhi noted that none of the contract workers were being paid wages on time. In what is a clear violation of the minimum wages norms laid down by the Delhi government, the workers were not being remunerated for overtime work.

But these workers, working for the upkeep of greenery of the Delhi Development Authority (DDA) gardens, are worse off. The fired workers rely on the scanty berries found in the park for sustenance. And to quench their thirst, on a small water supply from the nearby mosque.

¡°Jaiprakash cut off our electricity and water supply, locking the water pump nearby. We live in darkness, inside out.¡± Birendar Singh says.

The contractor, Mahesh Chandra Gupta turns a blind eye to the misdoings of his henchmen, Jaiprakash. Not only did he refuse to comment on the same, he also refuses to set the wrongdoings straight.

The rut runs deep. DDA Personnel Commissioner, Rajiv Gandhi, on being asked about the minimum wages rule implemented by the Delhi government last year, brushed off saying that they had no knowledge about such a rule.

The workers allege that DDA officials and police of the area are in cohorts with the contractor, making life difficult for them.

¡°They come, have a drink and leave. They have never done anything for us, despite being well aware of the situation,¡± says Ravi, another worker who has been out of work for protesting against non-payment of wages.

Some workers, on the other hand, are being paid their wages, only to have them return a substantial amount, leaving them with almost nothing.

¡°We get Rs 11,000 in our account, but have to return Rs 5,000 to the contractor on receipt,¡± says Ramkumari, who works under the same contractor in Shalimar Bagh.

A group of workers also mentioned that they received a payment of Rs 7,500 against a cheque of Rs 11,000. The remaining part, they said, was in part of maintaining their Employee Provident Fund (EPF). But, they had no means to access their funds, nor do they have any idea regarding their contractor¡¯s contribution on the same.

A circular released by the Employees Provident Fund Organization in February 2017 observed that a large number of employees were being hired on Contract basis by various Principal employers including Government departments, PSUs, autonomous organizations, financial organizations etc. for their business activities. Further, in many cases, such contract employees were not being provided Social Security benefits which they are entitled to.

The circular directed all stakeholders to engage only with contractors who were registered with the organization. But unfortunately, many contractors get away, exploiting the lack of awareness of these workers.

Resigned to their fate, their only hope are the few organizations actively working to promote the cause of labour welfare. Jawahar Prasad, Delhi President, Labour Progressive Federation, who has been promoting the creation of labour card for every worker, speaks of the law in place.

¡°The Contract Labour (Regulation and Abolition) Act, 1970 stipulates that a contractor, who employs twenty or more workers during the year, has to provide each of his workers with an employment card within three days of the beginning of their contract period. These poor workers have no idea about this, nor do they claim their right, for the fear of the contractor and his henchmen.¡±

A messy political and administrative nexus and a lax implementation of policies have ensured that these gardeners, well responsible for nurturing greenery, live in desolation in the nation¡¯s capital.

The author is a New Delhi based freelance contributor.