Workers Be Damned – The Akbarallys story
It’s appalling to see the treatment bestowed upon employees of big establishments here in Mumbai. Imagine you are on your way to work one morning; just to find out that your sole means of ‘bread and butter’ is snatched away from you…forever…. Extinct overnight!!
No intimation given, no prior warning….NO JOB anymore…What a shock!
This is the story that Akbarallys-Santacruz (Mumbai), has to tell. On Friday the 10th of February, the store all of a sudden decided to fasten its doors to the world.
For over a month, 40-permanent workers have been squatting outside the estranged shop. Unable to get over the untimely death of their second home; where they have spent over 30 years of their lives. Struggling day in and day out, to obtain some kind of justice.
A good friend of mine walks past Akbarallys, (a brand that was created 108 years ago) on a daily basis. For the past one month she has been narrating various incidents regarding its employee’s demands for justice. So today I decided to leave work a little early, and see it for myself.
Driving over in my A/C car I casually thought over a few questions to ask, but at that point didn’t realize the gravity of the situation. I wasn’t even sure, if I wanted to write a post on this.
As soon as I parked my car, workers assuming I have come to shop, yelled “dukhan bandh ho gaya hai, do mahena ho gaya.” I got down and into the premises, as usual had to explain my self and my purpose. To which, for obvious reasons I had umpteen volunteers, ready to open their hearts out….and so here it goes.
Mr. Francis Fernandez is a senior staff member working at Akbarallys-Santacruz for over 20 years. He is one of the main persons heading the fight against unfair dismissal. This is what he had to say.
What happened on Friday the 10th of February?
On the 10th of February, we all came into work like any other day. Closed shutters greeted us on arrival. A notice was pasted, stating that the store is undergoing huge losses. Competition from newly opened malls in bandra and other suburbs have led the management to permanently seal this branch.
They had a pay pack ready (service, gratuity, etc.) consisting of a mere amount for all the workers, which none of us accepted. All of us were in a state of shock; we approached the Mumbai-Kamghar Sabha. The main head was out of town, and to arrive in three days.
Without wasting any time we marched to the police station to register a complaint of ‘illegal shop closure’. But to our dismay, the owners were already present there. They had intimated the police regarding their actions, I think a prior preparation.
Our next plan of action was to approach NCP leader Mr. Ibrahim Sheikh. He called the ACP and senior inspector, who in turn called the cops, thereby taking permission on behalf of the workers to continue sitting outside the main entrance. This time we lodged an official police complaint. And that’s how the protest started off.
How did you go about the legal proceedings?
Until Sunday we continued sitting outside the store. On Monday we met up with the Union leader along with one of the senior-most employees of Akbarallys-fountain branch. After explaining the entire situation we approached a lawyer and instantly started the paper work. We sent a notice to the management and its lawyers. All the papers were submitted in court the following Wednesday.
The judge read out a verbal agreement, that until the matter is resolved between the workers and management, the management had no authority to open or enter the store for what-so-ever reasons.
Did the management keep up to the verbal agreement?
“Nahi”, as a matter of fact, not once but twice the management tried to remove goods and other papers from the store.
First time was within a couple of days, of the court hearing. People from the management side on the pretence of removing ATM cards and money that was stuck in the ATM, (Akbarallys houses an Oriental bank ATM machine within its premises) removed various gift vouchers and the system server. When I intervened, I was shrugged off saying that only a verbal agreement had been issued. They had a police constable along. We immediately filed a complaint with the police station and also informed the judge about it. The judge issued a final verbal warning.
The second time around, at 1:30 in the morning, President Sherebanu Khorakiwalla arrived with three tempos and twenty-five men. They rolled up the shutters, loaded furniture and other goods from the store. We have stationed two workers for the night to keep an eye on the store. They intervened but all in vain. The men loaded 40 cartons containing Cds, saris, woolen garments into the tempos. Again we were reminded that the agreement is only verbal, there is no stay order. Since I live in Malad I couldn’t come at that time of the night.
What was your next step?
Next morning we again met the lawyer, Union head and NCP leader. Lodged another complaint. Sent one more legal notice to the management and its lawyer. A court hearing came up in a couple of days, this time the judge issued a stay order stating that the store would not be opened till the 27th of March. By that time the management should reach a decision and clear its workers dues.
The management argued their need to return the goods to their respective suppliers. We in turn argued that it was the management’s fault. They shut down the shop overnight, hence they must suffer. We were not going to allow them to open the store until our demands were met. Therefore god-willing by 27th of March, the matter should be cleared.
What are the workers demands and what’s the management’s response?
The workers each want one lakh fifty thousand rupees as compensation. Talks regarding this are on-going with the management and they have offered a sum of fifty thousand rupees. Fifty thousand is not feasible!
The property is worth over 35 crores but still they hesitate in giving us 1.5 lakhs which is nothing and rightly deserved by us. Management is only interested in enjoying all the benefits without caring about anyone else.
All we forty people have been working for minimum 15 years. Some of us have worked for 35 years. We have spent most of our lives in this store and at this age its difficult hunting for another job. We have little qualification hence our task is strenuous.
Whiles interviewing for a new job, the first questioned asked is regarding the previous job. Akbarallys would only give us a bad name; since employers would blame us for the shops failure. “Ek bura thappa mathe pe lag gaya hai.”
We even demanded a service balance, but the lawyers refused. They said that since the shop has closed down, it won’t be possible. Only a lump some amount will be given to each employee…so we asked for 1.5 lakhs.
Did u have the slightest of indication that the store would suddenly close down for good?
Nothing what-so-ever! However three years ago, due to family disputes, the brothers parted ways hence there came about a change in the management. The new owners started buying less stock because they were facing a financial crisis. But we never expected the store to close down one fine morning.
Do you now think the closure was always their intention?
Can’t say for sure but there have been rumors that the property is already sold. Some say a famous cricketer has bought it over, some say a known fast food joint might open up. But we don’t know for sure. Plus in court, the management says that the property is not sold. One thing is certain; Akbarallys-santacruz will never reopen.
How long do you people intend to keep up with this protest?
Do we have a choice? Our lives are disrupted, can’t think of anything else. We must keep up with this daily attendance thereby lending strength and courage to other staff members. We will not take this lying down…will fight for our rights.
I am 46 years old, where will I get another job? This money is all that I have to bank on until I get another job. Practically my lifetime’s hard work. I know I will have to work to make ends meet, once this issue is sorted out.
It’s a humungous injustice to us, our families and our future lives.
If only we were consulted, we could have worked something out. If necessary we would have put in extra hours to bring up the sales. They can’t just kick us out of here, it’s unfair!
Some kind of settlement could have been reached upon…at least we would leave this place on a happy note. Is it fair for us to keep fighting this way? All day we are running to courts, union offices, spending time just sitting around the store doing nothing.
Well this is their plight….40 human-beings unnecessarily battling for NO fault of theirs. Commuting over long distances, these people sit around sealed shutters whiling away their time. Men playing cards, women knitting, the group discussing strategies to obtain justice, workers explaining their plight to ardent customers, is all they keep doing the entire day. Lunch too is out in the scorching heat followed by a short nap within the dirty premises.
It’s a shame…lives getting wasted, time and energy flowing over justice that may not be achieved. A daily struggle for their salary, gratuity and other legal dues. Most of them clueless about what the future holds.
Main stream media has hardly covered this issue. Initially there were a couple of articles in the newspapers. But beyond that no one has bothered to follow up and further highlight the present scenario.
I urge all my readers to encourage the poor workers cause. Kindly give your encouraging comments, link to the post, or if possible pass on the link to your MSM contact. I have promised these guys that I shall give them a print out of the post along with reader’s feedback. So please help out, it might just help bring some smile on their faces.
Saakshi
That’s a really great article. I remember seeing the protesting employees when i passed by SV road in early february. I am surprised that there has been no coverage in the mainstream media, or at least something I am not aware of.
It’s shocking that a store like akbarallys would do something. Its one thing for them to close down stores and consolidate business, but to treat employees thus does not bode well for a family run establishment.
Thanks for bringing this out.
Cant we guys do something, to support their protest?? Just a Blog and the feedback wont really help them, can’t a petition or something be removed to support these people?? Also it is extremely shocking to know that the fourth estate is turning a deaf ear to such a huge issue.
I’m sure there are thousands of cases like this that remain unoticed. It looks like 27th March is the day of judgement let us hope they get what’s coming to them
Very well covered indeed Saakshi-O! It’s so nice that you went out of your way to get this done. It has always been this though, hasn’t it? The interests of the poor have always come towards the end.
Arzan, yes it is indeed surprising that this incident went unnoticed by the MSM. But what did we expect with newspapers today? And Saakshi, you don’t need to pass on this link to an MSM contact, they will find it themselves. Don’t be surpised at all, if this incident appears in some newspaper tomorrow.
Brilliant work, Saakshi! To suddenly lose a job after such a long service is heart-breaking. And a measly compensation doesn’t help. Did you get a chance to know whether while joining the store the employees signed documents saying this job can be terminated anytime (by employer or employee) or they will get a few months’ notice if its terminated by employer?
The mgmt has violated court rules clearly by breaking-in twice so that makes me think their case is little weaker now compared to previous. I hope the employees dont get frustrated and keep fighting..we know how court battles tend to prolong for ever…loss of time, energy, money …in addition to the big question mark over next job. But still…if their case is strong and the lawyer is smart, fair justice will prevail.
Thats my message to employees, if at all this reaches them.
I remember reading about this in the paper over 2 months ago, but no follow up was done after that. If journalists can follow up for weeks on end on what Abu Salem was eating or wearing in jail, why can’t they try and follow up on these stories too. It takes an “aam junta” like you Sakshi to bring these stories out into the open.
I haven’t been taking SV road recently because of the digging work, so I had thought that the amtter was resolved.
Its really sad that the workers have to suffer like they are doing right now, not knowing when they will get compensated for their losses. Its really sad.
Can’t they be absorbed in some of the bigger malls like Spencers or Food Bazaars or Shoppers Stop ?
I’m goin to link your article on my blog
http://whazzupmumbai.blogspot.com
Hope you don’t mind.
Dear Readers / Ms. Saakshi
I appreciate ur effort and other readers views.
I m a Delhiite , still wondering how could I get into assisting the innocent workers.
I just wish to know , what Positive has been done till now by YOU and anyone else, plz write in that and Pour in Ideas for the issue’s solution.
My Opinion :
1. All workers should remain United and for ‘bread and butter’ start finding/doing other jobs.
In this way, they wont be financially insecure, and fulfill their family’s needs.
2. Hold meeting/protest DAILY , at Akbarallys, at a fixed time, after their working hours. It will keep them UNITED !
It will also help them to plan and act upon some line of action.
3. Seek professional guidance.
All the best !
Anil.
anilzone@hotmail.com
congrats….ur article got linked to BoingBoing one of the biggest blogs in the world. I hope now there will be some justice done for these employees.
this is in my opinion a laughable story albiet a tradegy. Millions of jobs from the united states which are now outsourced to india leaving american workers with even less recourse then the legal issues mentioned here. I’m sorry but I have no pity here as I myself was told train your indian replacement we are outsourcing the position with 0 notice. If refused, was fired on the spot, if trained them, was allowed to finish out the week. So i say again, you reap what you sew on the large scale.
Mike,
You prove the adage correct…..”Repeat a Lie a 100 times and it starts sounding the truth”
The actual percentage of jobs outsourced is about 4.5% of the total workforce of the US.
And that is because the US does not have as many skilled workers as required.
Just look around you, and you will see.
And I write this from the perspective of someone who lives and works in New York City.
Not trying to be unsympathetic, but I fail to understand what constitutes a police matter here. It’s sad and unfortunate that a shop has closed, but what does that have to do with the police? If it were me seeking compensation, I would hire a lawyer. India does have a legal system too, you know.
Indians have a reputation for emotionally flailing about in random arbitrary directions, and a story like this only adds to that impression. Calling the police may be emotionally gratifying, but isn’t terribly rational.
Sanjay if your company does not pay the Provident fund it owes you – it becomes a police matter.
Someone help me understand what’s so tragic or unjust about this? So they’re out of work. People loose jobs all the time. So they didn’t get any notice that they’d be out of work. Bummer, but would they be required to give notice if they got a better job somewhere else? Of course not. So why should their former employer be required to give them notice? There’s no tragedy here, folks, it’s just economics. People lose their jobs; stores close down. It’s brutal reality. If they’re owed money, fine, but they aren’t helping themselves by not going and looking for other work for 40 days. It’s laughable.
Here in Australia, they outsource a lot of jobs to India also, but we also have a lot of jobs available to us, and a skills shortage so it doesn’t always make a big difference. I work in IT and these days, you do kind of expect it (six places out of seven went through forced redundancies).
Still, anybody who has been shocked to have lost their job like this should understand and have compassion. This is most unfortunate. Best of luck to the workers.
I hope management resolves this issue soon. My best wishes for the employees. They have definately set an example … so now onwards any other employer thinking about doing similiar thing will think twice.
My hats off to all the courageous employees.
Paresh
I think the tragedy is the surprise. The business owners watched, probably in shock and horror, as the business they spent so much time building with their loyal staff, became unable to compete with the mall. They owed to the workers to apprise them of the difficulties they were having, you know, hold staff meetings and have discussions about how to innovate the shop to bring back the business. Regardless of what the local law might might, it was immoral that the business owners did no communication to prepare their workers. While there is likely little recourse for the workers, and its best they pick themselves off the pavement in front of the store and find other work, they might rest easier knowing that what goes around, comes around, and the owners that slammed them have some pretty horrid karma they’ll have to repay.
Hi! Thanks for the very good note about this worker’s situation. I totally think that they have to squat the shop and put the shop to work by their own. Please, give me my advice and strength to them.
arzan,
nice typical NY mentality. Comment without clue. It’s not due to lack of skills as you think, it’s companies saying we can hire cheaper labor overseas at $1 an hour vice pay a legitimate wage here while the CEO CFO and top level of those companies enjoy the millions and millions of dollars each in bonuses for doing so. Maybe you forget the recent Enron thing just to name 1 company out of thousands.
Um, Read this article, Mike…
http://www.cpsr.org/pubs/workingpapers/1/IToutsourcing_Brigham5
Shall we have no sympathy for the chinese next?
Pls note that these workers are not asking for your sympathies…nor begging you to feel bad/sad for them. If you can’t help someone, atleast don’t try to put them down.
They are there, fighting for what they believe is truly/rightly theirs. And there is nothing wrong that now, is it ?
Saakshi
First, plz go through my comments posted on March 27th.
I really wish to know what has happened till now.
Job means everything to an employee.
Those ppl. won’t understand who do not know what a job is.
Anil.
anilzone@hotmail.com
Anil – I have put up an update.
This is sad. I hope the people who have been with Akbarallys for so long get their dues.
Down Down Akbarallys
Akshay, if the employer has failed to fulfil their legal duty, it’s a legal matter, not a police matter. The employer hasn’t created a civil disturbance, although they may have breached their obligations of severance under the law. There’s no point calling the police, nor in calling the Rapid Action Force, nor the fire department. This is a matter for lawyers to pursue, not police. They’d be better off trying to obtain work elsewhere, rather than sitting around moaning.