Abstract

Maharashtra is the first state which enacted an Act namely the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969, though Mathadi workers find across the country. More specifically, this Act is further infamous due to its enormously successful across the state than any other state labour laws. Also, the said Act is considered as a role model for mathadi workers’ movement as it succeeds to avail them different kinds of welfare benefits. Mumbai is the place where late Annasaheb Patil being work as Mathadi worker fought for the causes of rights of these unprotected segments of society. This was revolutionary in direction of providing legal entitlements to workers who primarily belong to rural places of Sangali, Satara, Kolhapur and another western parts of the state. Hence, this large number of earlier neglected workers yet getting adequate employment as well as other social security benefits explicitly. It is observed through trade union leaders’ statements. Thus, the paper primarily looks at the current situation of Mathadi workers and Welfare Boards set up under the Act. Further, it aims to examine the status of administrative regions of Maharashtra like Vidarbha and Marathwada.

The present study was undertaken in Nagpur and Parbhani district of Maharashtra. The study further argues that despite different union representatives claim that this Act is revolutionary step for workers, yet the ground reality of workers unchanged. It again emphasized that workers are in absolute detrimental situation due to inadequate functioning of welfare board. The qualitative method adopted to attain the set objectives of the research study. In addition, in-depth interviews of Mathadi workers, Mukadams and Office bears taken place.

Keywords: Mathadi or Hamal Workers, Unorganised workers, Welfare Board

Introduction

In India labour being an institution has various interventions. As Indian constitution specify ‘labour’ is a subject of concurrent list hence state as well as centre can have their own Acts for the welfare, social security, prevention from and prohibition of exploitative structure made by employers and other stakeholders. Further, workers are merely categorized into sectors – organized and unorganized, however, both the sectors implicitly define. At the same time, while emphasising on the finest work on this neglected part of unorganised employment the following commissions namely, the National Commission for Enterprises in the Unorganised Sector (NCEUS). It formed on September 20, 2004, was one of the first steps taken by the UPA Government, in pursuance of its Common Minimum Programme that committed itself, “to ensure the welfare and well-being of all workers, particularly those in the unorganised sector who constitute 93 percent of us workforce.” (Nceus, 2012).

Arjun Sen Gupta was appointed as a chairman of this commission, the report was the first initiative by any ruling government with the purpose to enquire into the conditions of work and promotion of livelihoods in the unorganised sector. Moreover, its first time on the ground of International Labour Organisation (ILO)’s recommendation commission defines unorganised sector and unorganised labour which are interchangeably used for informal sector and informal labour respectively. The commission has developed following definitions of the unorganised sector and unorganised labour which is consistent with ILO’s recommendations.

Unorganised/ Informal sector

“The unorganised sector consists of all unincorporated private enterprises owned by individuals or households engaged in the sale and production of goods and services operated on a proprietary or partnership basis and with less than ten total workers”.

Unorganised/ Informal Worker

“Unorganised workers consist of those working in the unorganised enterprises or households, excluding regular workers with social security benefits, and the workers in the formal sector without any employment/ social security benefits provided by the employers”.

Hence, these working masses do not cover by any labour laws due to the very feature of casualization in nature of work assigned to workers. Shrivastava (2012) argues that causalisation is barely leading to vast informalisation of workforce in the labour market. At the same time, certain working sections got significance changes in their working life due to confronting against state but few remain same since no bargaining power and no social action. However, other factors like least government inclination towards other working section in the labour market observed. But, proposed study attempts to revisit the situation where state’s silent role, regionalism that lucidly exclude migrant workers, least union intervention and so forth.

Datta (2007) commented on the existing labour laws which are somehow contributing as social security measures for unorganized sector workers that, all these Acts are either benefiting to select organized segments of the unorganized workforce or mostly with certain limited enabling provisions. Further, it is generally understood that the labour laws have not been able to adequately address the social security concerns of the workers in the informal sector or to provide them any specific welfare measures. Despite the enactment of all these Acts, the workers in the sector are mostly inadequately protected in terms of security of employment; better working conditions; and effective machinery for identification of eligible beneficiaries, dispute resolution and so on.

Thus, it is clear that the methodological problem lays in existing social security Acts which are essentially made for social security purpose of workers not only in course of service but also post-retirement as well. Even after 70 years of independence, these Acts have not really produced admirable and appreciable outcomes.

Mathadi Worker

The word Mathadi has been derived from word ‘Matha’. It means that a person carrying a load of material either on his Head (Matha) or on his back to stack at the appropriate place. Mathadi worker regularly engages with a specific operation such as loading, unloading, stacking, carrying, weighing, measuring or such other works including work preparatory or incidental to such operations.

Datta (1998) has defined a Mathadi worker as a person or worker who carries a load on his head, back, neck and or shoulders. Generally, Mathadi workers are engaged in 8 kinds of setting such as grocery market and shops, railway board and good shed, wood market, public motor and transport, iron and steel market and shops, industries and other important institutions, Agricultural Produce Marketing Committee (APMC) market, and government good owns etc. Physical labour is an important pre-requisite to works in above mentioned settings. Therefore, these workers are expected to be strong and sturdy to withstand serious physical weights and carrying considerable height for stacking.

Mukadam: Mediator between Employer and Hamal

The workers cannot work alone in any setting. It requires a group of workers to complete the tasks. Therefore, work in a group invariably, called as ‘Tolli’ or Gang, which comprise minimum 3 and maximum 50 workers. Workers select Mukadam who is supposed to gang leader. Mukadam is an intermediator between workers and owner. Prior to enactment of Act workers highly exploited by Mukadam, but now they are seeming to work like other Mathadi. (Datta, 1998).

He is supposed to arrange work, accountable to both employer and employees, take a total salary of workers from employers and distribute it among the workers. It is not necessary that Mukadam should do physical work along with other workers at the workplace. Generally, most of the Mukadam do not like to work as Mathadi workers. He generally well familiar with Mathadi Board. Therefore, he can easily get access to information about registered Mathadi workers and their contact details. Based on the obtained information, he initiates a professional relationship with multiple owners. All of them have different demand and expectations from Mukadam.

The below given conceptual map locate Mathadi worker under Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 and analyze their ongoing situation under the purview of it.

Methodology

The study has been conducted in Nagpur and Parabhani city of Maharashtra. Firstly, basic information about structure and functions of Mathadi and Unprotected Workers Welfare Board, statutory (under the purview of Act) and non-statutory (initiated by Mathadi and Unprotected Worker’s Welfare Board) social security benefits that are available for the workers. Similarly, contact details of actively engaged Mukadam have been obtained from both Nagpur-Wardha Mathadi and Unprotected Worker’s Welfare Board (hence after referred as N-W Welfare Board) and Parabhani-Hingoli Mathadi and Unprotected Worker’s Welfare Board (hence after referred as P-H Welfare Board).

Based on this, the detailed information on life experiences, expectations, and difficulties in availing statutory and non-statutory social security benefits that are available for workers have been collected through the semi-structured interview from total 50(One). Workers those who were basically engaged in three settings such as Railway siding, Grocery Market, and Cotton Market Yard. Also, the case study approach is followed. Further, total 5 Mukadams and office bearers of Board have also been interviewed by each Board.

In addition, the information about the structure, functions, and scope of district-specific schemes as well as secondary data on total number of workers and owners, the total number of actively engaged workers and owners has been obtained from N-W Welfare Board and P-H Welfare Board respectively.

Background of Mathadi Workers

Socio-economic and educational status of these workers can be categorized into two parts which are pre-1969 and post-1969. Because scholarly work on Mathadi workers directing that immense changes in the living and working conditions of workers observed post execution of the Act. The movement of this erstwhile precariat class is projected as an example of other working class movements across the state.

In fact, in the case of these workers, availability of work is totally depending on the arrival, availability and departure of ships, trains, goods trucks or customer. Therefore, it is extremely difficult to predict time and volume of work. Similarly, there are no fixed hours of work rather work used to be spread over the day. Further, workers never gets overtime. However, workers hardly work under any fixed employer simply because they do not fall under the category of ‘scheduled employment’. If anything happens to them then, no one is ready to take responsibility. Hence, social security issue becomes increasinly important instrument to bring changes in their lives and adverse conditions.

In Maharashtra, with the purpose to enact a strong bill for the protection of unprotected Mathadi Karmacharis undoubtedly, public action(Two) played an effective role. The Act directs about the establishment of different Boards viz. Grocery market and shops board, Goods transportation labour board, the railway goods clearing and forwarding establishment labour board and so on(Three). The board basically functions as tri-partite body where the employer, worker’s representative and the government takes part. Moreover, Datta (1998) study has shown that “there is a possibility to improve the low standard of living of the ‘working poor’ through collective, purposeful manipulation of the public environment- the public action, whether by means of legislation, lobbying or self-organisation.”

Workers do not seek any interfere in wages related matter from any third party. On other hand, owners also give money in advance to workers in case of any emergency. Now, workers have started to ask money from owners or employers even without any emergency. Some of the risks are involved with such kinds of behaviors. One of the prime risks is stepped back and non-involvement of the Board from their responsibilities in case of providing benefits on time to and involvement of workers in substance abuse such as drinks, gambling, betting etc.

Anna Saheb Patil’s Contribution to Mathadi Movement

Mathadi workers were engaged in loading and unloading business without having basic amenities for their livelihood purpose. These people mostly native from Sangali, Satara, and Kolhapur, migrated to Mumbai at the wake of decent employment opportunity. Since Mumbai is always preferred for the development of different kinds of businesses created enormous scope for this occupation. Moreover, a large number of working population exploited by the structure due to no adequate protection was given and negligence by the state and employer and other stakeholders invariably. Meanwhile under the leadership of Late Honorable Anna Saheb Patil and other leaders during the year 1966 in Mumbai, pioneered for this movement then. Further, amidst 3-year period three different committee reports(Four) submitted to the government of Maharashtra. Consequently, recommendations of the said committees work as a ground for the enactment of Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 (Datta 1998). Hence, Anansaheb was a crusader who championed the rights of Mathadi workers. On the similar line, Baba Adhav, Manohar Kotwal, Bapurao Magdum, Adv. Kashinath Valaikar, Anandrao Gole, Baburao Ramishte, Shashikant Shinde, Narendra Patil, Popatrao Patil, Balwantrao Pawar, Shivajirao Patil, Dr. Harish Dhurat, Appa Khatal, Subhash Lomate, Rajkumar Ghayal are other Hamal workers’ activist who indeed played a vital role in order to accelerate the movement across the Maharashtra. (Gaikwad 2016)

Legal Entitlements to Mathadi Workers

The government of Maharashtra has acknowledged the fact and tried to address the social security issues of workers under the Act called Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969. The main purpose of the Act is to regulate the employment of unprotected workers such as Mathadi and hamal. Further, it deals with the issues to make better provision for their terms and conditions of employment, to provide for their health, safety, and welfare, to ensure an adequate supply and proper utilization of such workers, and to prevent avoidable unemployment for these workers.

As per the sub-section 6A of the Act, which concentrates on the establishment of district-specific Mathadi and Unprotected Workers Welfare Board. It is responsible for ensuring an adequate supply and full and proper utilization of unprotected workers in scheduled employments, and generally for making better provision for the terms and conditions of employment . Each Board has district specific scheme under which Mathadi work has been carried out. It should deal with the registration of employers and unprotected workers in any scheduled employment(s). The Board is monitored by the Mathadi desk under the Joint Labour Commissioner.

As per the Act, employers are supposed to pay the workers’ wages to the board every month following which they are disbursed to the workers. If an employer withholds payment for any reason whatsoever or fails to pay up, then the onus of Board for making the payments to the workers and then charges 18% interest on the defaulting employer(Five). Additionally, the owner is bound to depositlevy amount along with workers’ wages as soon as completion of work within the period. Since it is a major source to meet social security benefits of workers by Mathadi board(Six). The government of Maharashtra also provides a certain amount to do so.

Moreover, the Act is silent on the total levy amount provided to workers by employers. So, one could see variation in terms of it. Interestingly, it is observed that in N-W Welfare Board owners have to deposit 30% levy in the Board. While, it is 40 % for P-H Welfare Board. Table 1 has shown benefit provided from levy under N-W Welfare Board.

Table 1: Benefits Provided from Levy

Source: Accessed from Nagpur-Wardha Mathadi and Unprotected Worker’s Board, 2013.

As per the Act, if any question arises whether any scheme applies to any class of unprotected workers or employers, the matter shall be referred to the State Government and the decision of the State Government on the question, which shall be taken after consulting the Advisory Committee constituted under section 14, shall be final(Seven). But, both the boards, lacks in the proper grievance- redressal mechanism which could lead to a massive violation of section 14 of the Act. There are certain unwanted practices are operating under both Mathadi Boards. The owners generally operate all those unwanted practices with the mutual co-operation of Board officials and Mukadam. The major stakeholders are continuously manipulating and misleading by giving fake promises regarding wage increments, and other associated benefits etc.

About the Boards: Nagpur-Wardha and Parbhani-Hingoli

The section is pertinent to Mathadi board functions which situated in two different cities of Maharashtra – Nagpur and Parbhani. Nagpur is the second capital of Maharashtra state and comes under Vidarbha region of Maharashtra while, Parabhani city is one of the important cities in Marathwada region of Maharashtra. Maharashtra Mathadi Board becomes famous in India for its enormous contribution to the improvement of adverse living conditions of these workers. It is well-established fact that, Boards have not been formed soon after the enactment of the Act across all districts of Maharashtra. Therefore, one could not claim about its only positive impact on the workers. Similarly, one has to understand its contribution in a way to changing condition of workers’.

There are certain myths, facts, reasons attached with the outcomes which have been produced by Maharashtra Mathadi Boards. Here, the workers are the prime factor in the study. While, Mukadam, and Office bearers are the secondary ones. It is important to note that Boards do exist in both the cities which has established at two different points of time. Current Nagpur-Wardha Mathadi and Unprotected Worker’s Welfare Board (N-W Welfare Board) has been formed on 29 th March 1974 and started to function on 2 nd May 1974. In the initial period, Nagpur city was an only operational area of the board. Later on, Government of Maharashtra has passed a resolution to include whole Nagpur district in the board.

The Board has once again restructured during the year 2003 and Wardha district have been attached to previously known Nagpur Mathadi and Unprotected Worker’s Welfare Board. Finally, newly restructured Mathadi board has started to function on 23rd December 2003. While Parabhani-Hingoli Mathadi and Unprotected Workers Welfare Board (P-H Welfare Board) has been formed during the year 2004 and started to function in 2008. Hence, the current study seeks to enquire impact on workers who come under said jurisdiction. Since lack of formal execution on the part of Board depriving workers of their legal entitlements.

Total 8979 Mathadi workers have been registered in both N-W Welfare Board and P-H Welfare Board respectively. Out of which 7879 (87.74%) have been registered in N-W Welfare Board. While 1100 (12.26%) have been registered in P-H Welfare Board. Thus, it clearly shows variation in workers’ intake capacity of both the Boards.

Nagpur is a suitable and central place for all kinds of trade and businesses such as semi-finished products, finished products, maintenance and operating items, production support items, services, capital equipment, transportation and third party purchasing etc(Nine).

These are heavy and work-loaded operations which require intensive physical labour to do the same. Mathadi worker can only work to get all those operations done. All the operational work come under the purview of the Maharashtra Mathadi, Hamal and Other Manual Workers Act, 1969. These are very expensive materials. Therefore, owners hardly prefer to negotiate with workers in terms of wages. Likewise, these workers are invariably ought to accept to do the same type of work irrespective of their willingness. It has been seen that workers from nearby states like Madhya Pradesh, Chhattisgarh, and Andhra Pradesh are generally attracting towards Nagpur. Their inclination has been seen as a prime factor in the state and further composition of registered workers under N-W Welfare Board. While Parabhani does not have a big market for all kinds of trade-business not only for Maharashtra but also nearby states. Therefore, workers from outside states are generally not found here. The registered workers under P-H Welfare Board mostly belong to Maharashtra state.

Experiences of Workers pertinent to Social Security Benefits

Labor protection is needed to guarantee and improve safety and health protection of employees at work by determining obligations, rights and mutual relations regarding labour protection among employers, employees and their representatives, as well as State institutions(Ten). Social security is an inherent component of labour protection. Thus, it is also essential to note that, labour protection is essentially meant to acknowledge contribution and importance of workers in the flourish of a particular setting. In other words, it could be a mechanism to protect and promote workers’ rights.

The workers have mixed experiences regarding work setting and social security benefits which they are supposed to get from Board. Workers generally belong to similar social strata and locality. Therefore, the ‘sense of co-operation’ and ‘we feelings’ do exist among them. It automatically develops a social and personal relationship among workers and Mukadam. Here, Mukadam is more accountable to workers than owners are. It is observed that workers get work by sacrificing their expectations. Because, at end of the day, workers are only responsible for completing particular work on the same day only.

More interestingly, Mukadam generally arranges work even without consultation with workers. In most of the cases, workers have to sacrifice their expectation regarding wages and other associated factors like work conditions as well as other benefits etc. It is hardly observed that workers get proper wages out of performing task. They have caught in a dichotomy of fear, if they could expose this issue then they might be eliminated from the particular gang in which they currently engaged. Generally, they do not want to take risks resulting into their job lost. If they dare to do so then none of the gang will accept them and it will automatically have a serious impact on their family. Mukadam and owners do not give any kinds of receipt to the workers. Therefore, they cannot check their actual amount of wages. The Board does not provide proper and relevant information pertaining to Workers amount, the check and balance of social security expenses and other related benefits. It apparently shows the mismatch between work and wages out of it.

These workers mostly concerned about the regularity in wages. On another hand, they also have faith on their respective Mukadam but he does not interfere in this matter. So, owners deduct some amount of money from the total amount of wages. Here Mukadam too gets some percentage of share. Further, if workers could not able to complete their work then owner purposefully deduct some amount of money from their wages. In some cases, owners do not allow to leave them until they finish work or they have to come tomorrow. But, they could not ask for more wages. It has become a part of daily life of these people. Subsequently, at the end of month very less amount of money has been remained in the hands of these marginalized groups.

Furthermore, these kinds of unethical practices has created unwanted frustration and psychological distress among workers and their family members. Most of the workers feel that despite having a satisfactory salary; they could not able to fulfill all requirements of their family. It effects on socio-economic conditions, job satisfaction, retention, and teamwork. Thus, the experiences vary from one city to the other. The poor socio-economic family conditions are a crucial factor that pulled most of them into this form of work. The retention of all those workers is depending on the same no matter whether they are getting satisfaction. All of them seek to see their family members happy especially their children. Thus, most of them are still engage with Mathadi work irrespective of the health problems and other occupational hazards etc.

Restraints in availing Social Security

The section 14 of the Act deals with the grievance-redressal mechanism in order to respond issues related with workers. The functioning of such mechanism yet seems problematic in Boards. On another hand, section 14 of Act has been generally manipulated and interpreted in such a way that which leading to complete destructions of the section in Boards. It has been primarily because of certain unwanted practices (as given below) which later on becomes hurdles for workers in availing social security benefits:

• Ignorance and restless nature of Mathadi workers about Social security benefits.
• Complex and silent nature of both Act and Mathadi board on various social security benefits
• Lack of support from other Mathadi workers and Labour unions.
• Unnecessary harassment in the name of administrative formalities by Board officials.
• Lack of proper grievance-readresal mechanism.
• Lack of communication and co-ordination between Mukadam, Board and workers.

Expectations and Demandsof Mathadi Workers

During beginning phase government initiated mechanism whereby Mathadi labour market could be operated in smooth manner in industrial areas like Mumbai, Thane and Pune etc. Similar kinds of mechanism have not formed in other cities such as newly emerged industrial hub like Aurangabad, Nagpur and Nasik etc. Later on government realized to form Boards in other parts of Maharashtra.

Due to functioning of these Boards, it has brought several changes in the life of workers. Also, over a period of time the expectations and aspirations of this group changed due to their rigorous engagement and safety needs. This section highlights some expectations of workers.

Indeed, workers always work at risky and hazardous settings even without Personal Protective Equipment’s like helmet, hand gloves and other basic amenities like drinking water, toilets, electricity, washroom etc. though it is enshrined in the Act.

Owners generally do not care about the issues of providing all those safety instruments and facilities simply by saying that they deposit 30% amount of total wages in Boards. Further, they defend that, the welfare of workers is merely the responsibility of such Boards. So, they must have to take care of all of those facilities. It means that neither Boards nor owners are willing to take the onus of making an arrangement of all those essential things at work site. Similarly, neither owner nor Board is a concern to avail first-aid box and other required medicines at work site. It is extremely imperative since workers always work in risk-hazardous setting on regular basis. Now, during a daytime loading and unloading related work has been carried by crane. So, it is bound to happen mistakes from workers. If any death occurs during a course of employment, then the owner of that particular crane is not responsible. Additionally, it treated as workers fault and negligence.

Workers generally do not get work-based identity through this work from owner, contractor, the Board officials and even Mukadam. Further, owner, contractor, Board officials and Mukadam do not consider workers as a human being. At the same time, harassment and torture on the part of workers from employers and other major stakeholders experienced frequently. Hence, it has also impacted adversely on the mindset of these poor workers. Discriminatory practices followed on a regular basis as observed during the field survey.

Broadly speaking, the levy is a significant source to meet social security expense of workers. The government provides a very limited grant to the Board for the same. Thus, these illiterate working masses looking for a positive response from Board and State that they should make some changes in this direction to increase the share of levy amount. Indeed, it should bring some transformation in living and working situation.

The Nagpur is the newly emerging industrial hub of Maharashtra and central to the nearby states like Madhya Pradesh, Chhattisgarh, and Andhra Pradesh. Even migration is not a new phenomenon in Indian labour market that is peculiar where relatively high employment generation availability finds.

Here, urban space and labour have a strong nexus as it ensures some sorts of stability in economic sphere. In neo-liberal time ‘city’ can be considered as a space where hardly a labour may have guarantee to accommodate themselves in social, physical, political, and cultural spaces (Samaddar 2016). Again, all of the abovementioned states are comparatively less developed and have less scope for livelihood. And most of the workers belong to those states prefer to work in Nagpur. Immigrants from these states settle wherever they get place such as railway siding, slums etc. The people who settled near to railway siding have started to work as Mathadi workers. Even after the 20 to 25 years of service, few of them have purchased land and constructed pakka houses. While, most of them remained either in slums, huts or kaccha house. In spite of belonging from Maharashtra and mostly same nearby area, most of the workers do not have own constructed Pakka house. However, union leaders claiming to have successful endeavors in the life of mathadi workers through this step but it yet to reach to these people. As in interview, Minister opined workers now have housing development scheme, medical facility, even workers paying regular income tax but first-hand data and narratives apparently inconsistent(Eleven). Yet, workers demand for decent housing facility and adequate drinking water supply, which have not addressed by the state.

The workers are very attentive towards the future of their children. They wanted to provide good education to their children, workers reiterated that they (children) should get a good position in society unlike them. In this, global competitive technological world and economic slow-down create difficulties before workers to meet educational expenses of their children. More part of their income spends on various domestic things. It is simply because of the large family size and limited income. Because of this, despite having the commitment and intelligence, workers’ children have more drop out ratio in school and hardly have they concerned about higher education. In this regards, these people urge the government to start various educational scholarships for their children. Additionally, the state must have start coaching, personality development, skill enhancement and career guidance centre for those children on various subjects.

Although the Workmen Compensation (WC) Act of 1923 and the Employees State Insurance (ESI) Act of 1948 directs about various benefits, least amount of execution experienced by these working group. They are more vulnerable to get temporarily injured and permanently injured, temporarily disabled, and permanently disabled or death on the course of employment while loading and unloading related operations. Moreover, different benefits as per ESI Act. On the similar line, there is neither strong preventive nor curative measures available in boards excluding operating (only in case of major) injured Mathadi in private hospital provided government hospital guides to do so. Family members, however, of those particular workers, have to spend money on various medical expenses by their own.

It creates frustration not only on the part injured Mathadi workers but also his family members. Even it get delay in reimbursement or often deprived of the same. There should be accident insurance by which medical operating charges will be taken care off. Workers those who are engaged in railway siding work 10-12 hours per day (but other workers merely work for 6-8 hours) even without proper lunch and emergency breaks. It requires not only physical fitness but also mental fitness. Further, this rigorous loading unloading of bulky goods effects on head, necks and overall body. It invariably leads to knee, body pain, headache, paralysis and other major health issues

Therefore, hardly few of them worked untill the age i.e. 60 years old. While most of them worked untill the age 40 to 45 and get voluntarily retirement. Nowadays, health care facilities have become quite expensive. Government hospitals do not have sufficient equipment. Hencce, people prefer to go to the private hospital for quick relief. So, the government must have provided Health Insurance to the workers which could take care of all medical related expenses during service as well as post retirement period. Certainly, the family should be benefited out of that facility.

Presently, the existing social security measures that are essentially made for the workers have barely touched upon the aspect of post-retirement benefits like pension and other expenses. They generally use saving on various domestic utility services. As a result of this, they might face a financial crunch, especially after a post-retirement period. At this point of time, they do not have another financial source which can take care of their all domestic utility service expenses.

So, they have strong demand to get post-retirement benefits. Subsequently, it seriously impacts on the livelihood of the family. Thus, workers have to demand that government must have to provide infrastructural and other possible support to their family especially their wife whereby they could start any home based business. It will automatically help to run family.

So far, only one hospital build in Mumbai to take care the workers. However, no serious effort made to begin such new project in other parts of the state. Due to inadequate resources in government hospitals, workers may lose their life. Hence, Board must initiate with the purpose to facilitate hospital for better health care services. In most of the cases, being an only earning person in the family they are asking for ‘unemployment allowance’ during inability to go to work due to serious injury at the worksite.

Findings

Negative Approach of the State

State’s negative approach towards the inclusion of these disadvantaged working community explicitly observed in this study. Similarly, the Labor Advisory Committee and Labor Commissioner of the Board have not shown their positive response towards the same. As a result of this, it took about 39 years to establish Mathadi Board in Parabhani jointly for both Parabhani and Hingoli districts.

Misconception among Workers

Mathadi workers have a certain misconception about the registration of their name under Mathadi and Unprotected Workers Welfare Board in Parabhani city. Most of them believe that if they registered their name on Board then they might be cheated by the same. The following reasons could be found behind such misconception in Parabhani city. The P–H Welfare Board does not have sufficient staff to deal with the issues related to the workers.

Union’s Least Interest

Further, each of the work settings has separate union known as Lal Bawta, Majdur Union, and INTUC etc. All of those unions are essentially attached to a political party such as Communist Party of India (CPI), Shetakari Kamgar Paksha etc. it’s mere to maintain vote bank and get political coverage on worker’s issues. It is also important to note that unions are always given priority to other issues of the workers such as rationing, housing etc rather than making them aware of getting registered in Mathadi Board. All of those unions have underlined hidden agenda to divert the real issues of the workers to get popularity and vote in elections.

Mislead by Stakeholders

Similarly, workers get emotionally blackmailed by owners. They are generally misguided and misled by owners. Generally, owners say that if they would register themselves under the Board then their salary will directly go to the board and administration will deduct some amount as an administrative cost. Owners always remind them in Marathi proverb that ‘Sarkari Kam Bara Mahine Thamb’ (Twelve). The hidden agenda behind this is to avoid deposit of extra 40% levy amount in Board.

Conclusion

Maharashtra Mathadi Board is well known for ‘effective social security scheme’ for these unprotected segments of the workers in India. It is generally believed that it has created a positive impact on life conditions of workers through the continuous recovery of levy amount from owner, distribution of levy amount among workers, delivering social security benefits to workers etc. It is also equally important to acknowledge that the same picture could not found in every part of Maharashtra. Hence, lack of political will which includes regionalism, disorder in administrative process, malpractices and least intervention by the state observed explicitly.

Likewise very few Boards have been formed soon after enactment of the Act. While most of them have formed till last decades. So, one could challenge the aspect of positive impact which has been created by Boards.

It happened mostly because complex nature of one of the successful Acts but for few sections of the working population on several aspects like principle of employee-employer relationship, wages, work conditions etc. Board’s inability to do their job properly, workers effort to bring any special changes in provisions of Act especially after its enactment etc. But, there is a strong possibility to address all possible concerns, loopholes and hurdles that are contributing in availing social security benefits by workers. It would be changed provided rationalization in existing functions, scope, coverage, nature, procedures and different provisions which adversely effects on living and working situation of labourers under the purview of the said Act. Moreover, there is a need to revisit on providing certain administrative and financial powers to workers whereby they could be able to implement the scheme as per their own. Indeed, the government of Maharashtra has to revitalize current monitoring and evaluation mechanism related with Mathadi and Unprotected Workers related issues at State level.

Notes

• The number indicates 25 Mathadi Workers each from Nagpur and Parbhani Mathadi Board respectively.
• Public Action is supported by Politician like Anna Patil along with other strong followers of him.
• There are total 11 and 7 Mathadi Boards are established under the jurisdiction of Mumbai and Pune respectively.
• Three Committee Reports includes:
  1. Report of the Mathadi LabourEnquiry Committee, Greater Bombay (1965),
  2. Report of the Lokhandi Jatha Kamgar Enquiry Committee (1965) and
  3. Report of the Committee for Unprotected Labour (1967).
• The technical functioning of the worker’s wages is borrowed from the article titled Maharashtra’s Mathadi Workers by Pravin Khotkar, Economic & Political Weekly april 13, 2013 vol xlviiI no 15.
• Levy has been defined as the obtaining of money by legal process through seizure and sale of property; the raising of the money for which an execution has been issued. In case of Mathadi workers, levy is extra amount which Mathadi and Unprotected workers generally gets from owner on total 30-40 % amount on total of Mathadi workers’ wages. It shall not use for other purpose except social security benefits expenses of Mathadi workers.
• The scope, structure and function of Advisory Committee is being discussed in section 14 of Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969.
  1. Figures shown in table 2 signify total registered and actually engaged both Mathadi workers and owner in Nagpur, Wardha, Parabhani and Hingoli districts respectively.
  2. There is no any data available regarding actively engaged owners under Nagpur-Wardha Mathadi and Unprotected Workers Welfare board. All of those registered owners are engaged actively .
• To discuss more about Nagpur as a central place for business i.e. selling out goods and service, visit: http://scm.ncsu.edu/scm-articles/article/types-of-goods-and-services-purchased procurement-a-tutorial
• Labour Protection Law accessed from – The Parliament of the Republic of Latvia-Translation © 2011 Valsts valodas centrs (State Language Centre)
• Narendraji Annasaheb Patil, leader Mathadi Kamgar Union. The interview can be accessed through given link: https://www.youtube.com/watch?v=drSA1w4a6y0
• It means in government work workers ought to wait for salary for a long period or unspecific time.

References

Acts and Rules. Ministry of Labour and Employment. Government of India. ( http://www.labour.nic.in/ )

Datta R.C. (1998). Public Action, Social Security, and Unorganized Sector. New Delhi: Economic Political Weekly.

Datta, R. C., & Sil, M. (2007). Contemporary Issues on Labour Law Reform in India. An Overview.

Gaikwad, S. (2016). Maharashtratil Mathadi kamgar chalvalicha abhyas.

http://expressindia.indianexpress.com

http://www.citehr.com/421039-supreme-court-jugement-maharastra-mathadi-hamal-other.html#ixzz2MaFVN833

http://www.mahashramm.gov.in/lc/mathadi_boards.html .

Nceus, N. (2012). Report on Conditions of Work and Promotion of Livelihoods in the Unorganised Sector (No. id: 5124).

Samaddar, R. Migrant and the Neo-liberal City.

Shedage, D.B. (2011). Employer & Employee Relationship Under Mathadi Act. International Referred Research Journal, ISSN- 0974-2832, RNI-RAJBIL 2009/29954;VoL. III *ISSUE-34

Srivastava, R. (2012). Changing employment conditions of the Indian workforce and implications for decent work. Global labour journal, 3(1).

The Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969. ( https://mahakamgar.maharashtra.gov.in/images/pdf/mathadi-hamal-and-other-manual-workers-act-1969.pdf )