IIT Bombay to pay full gratuity amount to workers
IIT Bombay to pay full gratuity amount to workers(Source: EdexLive Desk)

Justice well-served: IIT Bombay directed to pay full gratuity to deceased gardener, two other workers by HC

On October 5, the Bombay High Court ruled in favour of these workers who were fighting for their deserved payment being withheld by one of the esteemed institutions in the country, IIT Bombay.
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Amidst the relentless grind of labour, this news represents a significant victory in the cause of workers' rights.

Three former employees of the esteemed institution, Indian Institute of Technology (IIT) Bombay finally tasted victory after being embroiled in a long and weary legal battle of more than five years. It all started with the institution refusing to pay these labourers their deserved gratuity amount after the end of their service.

On Saturday, October 5, the Bombay High Court ruled against a petition of IIT Bombay that challenged orders issued by the Assistant Labour Commissioner (Central), Mumbai, who was acting as the Controlling Authority under the Payment of Gratuity Act, 1972. The court upheld the applications submitted by the respondent employees and ordered the payment of gratuity to them.

The Ambedkar Periyar Phule Study Circle (APPSC) of IIT Bombay took to social media platform X to share the news. The post read, "@iitbombay lost its appeal in the honourable high court of Bombay to deny the workers their gratuity benefits. The struggle of Raman Garase, Tanaji Lad, and Dadarao Ingle has sowed a seed for justice and worker rights."

For the labourers in question, ailing Ingle and Lad, the news came as a boon. Unfortunately, Raman Garase due to the mounting harassment ended his life in May this year.

IIT Bombay's contention
The struggle for these workers began in 2019 as IIT Bombay started challenging their right to ask what was rightfully theirs. 

The recent petition submitted to the Bombay High Court contended that the three respondents (Garase, Lad, and Ingle) were hired contractually with the involvement of a middleman (contractor), hence there is no relationship between the employer and the employee, and they are not bound to pay the gratuity amount or the interest of late payments.

Court's ruling
The court finally ruled in favour of these employees and upheld the labour court's decision. IIT Bombay was directed to pay gratuity to these employees as per an order dated 31 January 2022. A writ petition by the Bombay High Court stated that "...IIT Bombay has ultimate control over the affairs of the establishment and therefore Petitioner (IIT Bombay) is the employer of the Respondent..."

Hence they are liable to pay the full gratuity money to them. The amount that was owed to the workers is as follows:

1) Tanaji Lad: Rs 1,89,95/-
2) Dadarao Ingle: Rs 2,35,170/-
3) Raman Garase: Rs 4,28,805/-

Furthermore, the institution is liable to pay an added interest of 10% per annum effective from their dates of retirement. Lad and Ingle have been paid the gratuity amount sans the interest, meanwhile, Garase's kin await the deserved funds.

A lowly bargain
These former workers of the institution have been filing petitions since the beginning of 2020, and every time their plea was toppled under the might of the apex institution. The long fight was not only a to-and-fro game but also a game of bargains and tactics.

A student at IIT Bombay, who is also a member of APPSC, under the condition of anonymity, told EdexLive that IIT Bombay has failed to recognise the efforts of these labourers, subjecting them to various concocted narratives. "These workers had to fight out IIT's multiple narratives. The institution alleged that they were ready to pay their gratuity amount, but it is them who are consistently refusing. These workers felt cheated and ignored," the student shared.

The amount was a meagre compensation and an injustice to their 20 or more years of service to the institution.

Garase, Lad and Ingle were being offered gratuity only for the last seven years when employed under the tenure of the existing contractor and not from the beginning of their service. Not only this but the other workers were being informed that their payments were being held, as these three workers refused to accept their impending payments.

"There was a kind of negative campaigning against these workers, as they were being discouraged by other employees. The tactics employed to discourage Garase, Lad and Ingle were seemingly taking a toll on them," the student claimed.

Death of hope
After numerous visits to several courts, and mounting disappointment with constant rejections, unable to procure his hard-earned money Garase ultimately decided to take his own life.

"My father had suffered from paralysis, yet was able to move. He was hoping to get proper treatment after he receives his gratuity, but that never happened," said Sunil Garase, the son of deceased Raman Garase.

Witnessing the death took a toll on his entire family, he said. Speaking more about his father's struggle, Sunil told EdexLive that his father was hopeful that someday he would get his hard-earned money, but after several trips to courts and obliging to numerous obligations of IIT Bombay, he lost his hope and that was the end of it all.

"My father sacrificed his life for this, and I don't want it to happen to anybody. I think this was a victory for all of the workers and the employees so that their rights are not taken away from them anymore," expressed Sunil, regarding the judgement that has come after five months of his father's death.

Although he has lost his father, Sunil gives due credit to a few professors at IIT Bombay, and the student organisation APPSC at IIT Bombay who added momentum to their struggle and led to their victory, and the victory of labour rights.

IIT Bombay to pay full gratuity amount to workers
A labour dishonoured: Raman Garase's suicide vs IIT Bombay, a long legal battle
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