Agreement between Dalal(Agent) and migrant labours

In an unprecedented breakthrough anchored by our Shramik Sahayata ebong Paramarsh Kendra we have been able to pursue and motivate the labor agents to yield to our move for making an agreement between laborers and contractors; to ensure safe migration.

On 31-07-2014 Legal Clinic Day was being held at Shramik Sahayata ebong Paramasha Kendra, Nuapada.  One Bijaya Tandi, who had been to Andhra Pradesh as a brick kiln laborer on contract with a licensed labor agent Narayan Jagat learnt about the legal clinic and visited our Shramik Sahayata ebong Paramasha Kendra to get support relating to his case of payments dispute with the contractor.

As the story goes; Bijay Kumar Tandi of Lohondopali in Komna Block had gone to SVR Bricks, Jagtiel, Karimnagar district under contract with agent Narayan Jagat. Out of the Rs. 30,000/- agreed upon for payment, he had paid Rs. 4,000/- and refused to pay the balance of Rs.26,000/-.

Bijay Kumar Tandi learnt about the legal clinic day from the villagers and visited our Shramik Sahayata ebong Paramasha Kendra in order to seek support. He narrated the whole story to us in the presence of our Legal Advisor, Senior Advocate Ashwani Kumar Patra. Then the agent Narayan Jagat was summoned and was counseled to settle the pending payment. Initially he resisted and even tried to threaten us but finally he gave in and cleared the payment.

Later on, our Shramik Sahayata ebong Paramasha Kendra counseled and motivated him to make a bi-party agreement with the laborers on stamp paper containing all the terms and conditions such as to avoid any violation both on the part of both the parties. He consulted the contractors’ union president Lata Sabar. Lata verified the modalities of the agreement from us and after much pursuance from our side she gave a nod to it. Now some of the agents operating our target area have agreed to carry out the agreement and 78 laborers have been signed up by 3 Agents for a sum of Rs.71,00,000/- and have been taken by them to destination. Our Shramik Sahayata ebong Paramasha Kendra has acted as signatory in the capacity of witness. The original copy of the agreement has been retained by us and the photo copies have been given to the agents and laborers.

In a recent development, Chairman, PARDA Mr. Rudra Pattnaik attended the District Migrant and Bonded Labor Vigilance Committee as a member and narrated his learnings relating to this achievement of the organization. It was highly applauded by the members present and the Chairperson; Collector, Mr. V. Jayakumar assured of all possible support in this regard.

This is an endeavor in addition to the objectives and respective activities designed to target safe and hassle free migration. With this achievement, we look forward to minimize payment dispute cases, rights violation cases, child labor cases and also labor contractor rapport building. A large number of payment related disputes lead to many legal and extra legal complicacies almost regularly every year. Sometimes it is breach of contract on the part of either of the two parties involved. In the presence of a stamp paper agreement such disputes and consequent complicacies can be avoided.

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