Good Food, Good life! Bad labour practices, Bad reputation! Lets watch Nestle for demo!

Swiss Multinational corporation Nestle engaged in manufacture of milk products has famous underline: Good Food, Good Life. This underline can be seen at several places in Bicholim Taluka where one of the Nestle plant is located at Van-Maulingem village. The other plant is in Ponda Taluka of Goa. 

This post is concerned with controversial labour practices that has led to labour unrest and litigation over the past few years before the office of Labour commissioner, government of Goa. The central issue of contention is that Nestle has suspended some workers, dismissed others and refused to take them back on job. Labour exploitation and Environmental exploitation are the two facets of workings of capitation for profit maximization. 

Labour exploitation by Nestle is alleged by the workers and agitated in various phases so far. Crux of the matter as we understood after speaking to the agitation Union of the contract workers is this. Nestle refuses to owe responsibility to the fate of the workers who are not taken on the job just because they were engaged by the Contractor. Contractor hired the workers and Nestle benefited as Principal employer usurping surplus from workers efforts. 

Now these workers are denied Job and at the litigation at labour commissioner Nestle denies any links with workers and even refuses to delegate its representative. This has been going on for past almost two years, as we learn from the workers and from the available documents that involves minutes of various meetings convened by labour commissioner and  correspondence with Nestle Plant in Van-Maulingem. BMM contacted the President of the Nestle Contract Workers Union Anand Shirodker and we got the following status report:

Payment of Arreas of settlement benefits not paid to 30 workers for five years from 2013-14 to 2017-18. 

Sixteen workers are not taken on job after the break and contractors are insisting on c0ompiance to hire and fire policy of work. 

Three workers terminated from job allegedly for taking active part in Union activity.

Five workers terminated from from their work in Canteen.

International Union of Foods (IUF) was involved initially to support the workers but eventually ditched the workers for the reasons best known to IUF alone.

BMM will continue to bring updates to you on Nestle dispute at Van-Maulingem. This is the way will understand labour exploitation step by step.

Status of Nestle labour exploitation issue

We gets an impression after reading these above and below letters that labour is taken for ride by both the multinational company Nestle (based in Maulingem in Bicholim Taluka) as well as Government of Goa. Match fixing is clearly visible. We had earlier shared notes and stored in folder on this matter and it can be accessed by clicking here .

Press Release in support of Nestle Contract Workers Union

11^th February 2016

Bharat Mukti Morcha (BMM) extends support and solidarity to Nestle Contract Workers Union (NCWU) based at Maulingem, Bicholim. For the past few months BMM has been interacting with NCWU ever since they shifted their agitation in Panjim. BMM is concerned about targeting of Union Leadership in fabricated manner in order to suppressed workers Union activities. BMM has identified that two of the dedicated and talented leaders of the NCWU Anand B. Shirodkar and Sandesh Gawas are placed on suspension. Workers had formed NCWU on 27/11/2012. Details of the background and fantastic union activities are listed accessible from our blog http://bharatmukti.blogspot.in/2015/12/how-contract-workers-at-nestle-bicholim.html?m=0. 

Our investigation has revealed that Nestle has 8 contractors that supply labour to the factory in Maulingem. One of this S.P.Enterprises has suspended Anand B. Shirodkar while another one M/s Harsh Security and Labour supply services has suspended Sandesh Gawas. Though workers has filed complaint before labour commissioner placing various issues for resolution on 24^th June 2013 and number of hearings has gone by ever since. However refusal of the Nestle management to co-operate by their presence has left the issue unresolved. Even the requests from the Goa labour commissioners to remain present for the hearings has not been honored by Nestle management citing the reasons that they are not involved in master – servant relationship with the contract workers. However involvement of Nestle is revealed from the fact that both the Union leaders Anand B. Shirodker and Sandesh Gawas were placed on suspension on the same date of 23/8/2013. One does not need rocket science to guess that this has been done to prevent labour awakening and unionization, and spreading of Union activities and not for cited reasons of criminal behavior and absenteeism from work.

This is a very sad reality of Goa’s industrialization. Innovative forms are deployed for the purpose of labour exploitation with legal immunity for prosecution. Contractors in collaboration with Nestle Company through these practices are involved in the process of mutilation and disintegration disguised as development.  BMM considers what is happening to NCWU as symptomatic of industrial scenario of Goa – rampant labour exploitation through contract labour with exploitation as a package. If Goa Government labour Ministry cannot get Nestle to discussion table then it must change its name as Ministry of Slavery.

Sd/-

Maggie Silveira

President

How contract workers at Nestle, Bicholim formed their union

Today lets examine the situation of food supply to Nestle contract workers in Maulingem North, Bicholim before 2011. Permanent workers used to be given food. Packers and Tipping contract workers used to be given food. No other contract workers used to be given food on work. House Keeping, Loading-Unloading workers used to go home in the afternoon to get meals on both shifts afternoon as well as Night. Lunch break was just an hour. Traveling used to consume most of the time and energy. Those workers who used to report late after meals used to be scolded. Cooking at home to take meal for work early morning would take efforts and time and often worker would report late at work.

In this context at the General body meeting of the worker Gomantak Mazdoor Sangh decided on May 01, 2011 that Nestle management should provide free meals inside the factory premises. From July 2011 this decision was implemented and Nestle management started giving free meals to the all the contract workers. Factory then had 350 Union members plus 300 more workers who were not the members of the Union but benefited from Union action. Nestle Plant here has about 900 permanent workers. This practice of free meals to all the workers continues till date.

Then Uniform for contract workers was another issue that got on the agenda. Workers used be get uniforms after standing in Que. There was uniform shortages. Company used to give only aprons to wear over the clothes that workers used to wear. Workers agitated and got the Uniform shortages to eliminate and get more Uniforms to be made available. This problem is still not sorted out. It still exists till date. This issue stands unresolved.

Shoes for worker were provided once in six months per pair. Instead of giving good quality shoes poor quality shoes are given to the workers. And those worker who handles water or works in water are not provided any shoes, not even water proof shoes. After agitation also this situation has not changed.

Contract workers were not given double overtime payment for double overtime work. The first timing is from morning 8.00 am to evening 4.00 pm. The Second shift starts at 4.00 pm to 12.00 mid night. The third shift is from 12.00 mid night to 8.00 am. At the end of the shift if the replacement worker has not reported to work then same worker will have to continue into next shift. But company would not pay double overtime but would pay only single overtime. This was a case of exploitation perceived by workers and raised verbally in 2011. This issue got resolved after agitation in June 2011. After this contract workers started getting double overtime. This issue is not completely resolved as company pays only three double overtimes per month even though workers carry on dosing double over time mover than three times every month. This is gross case of exploitation that still continues at Nestle in Maulingem North. We wonder why this is still the case after 54 years Indian Army march into Goa to liberate us. Why contract workers at Nestle continues to languish and suffer this way?

Night allowances are meant for only night shift from 12.00 mid night to 8.00 am. No allowances were given for night shifts. After agitation the night allowances of Rs. 30/- were granted fro a short while. This was stopped after 2013.

Attendance bonus Rs. 250/- would be given to workers after 24 days in month. This was started after the 2011 agitation and stopped in 2013.

Contract workers at house keeping were supplied with improper materials like gloves, wipers, mops with shortages. This issue was taken up before the management and this was issue was resolved to some extend.

In November 2012 Contract workers resigned from Gomantak Mazdoor Sangh. The main reason was that thier Union leader was not ready to address the problems of the Contract workers. Problems like workers harassment, hire and fire policy by which Union committee member Sandesh Gawas and other were fired from the work by the company. Gomantak Mazdoor Sangh, General Secretary Puti Gaonkar refused to support contract worker. This led to tension among workers and finally decided form their own union.  In this manner Nestle Contract Workers Union Ca,me into existence on 27th Novmeber 2012. general body meeting was called to resolve to resign from Gomantak Mazdoor Sangh and register Nestle Contract Worker Union. Adv. Ajitsigh Rane was approached as legal Adviser. Nestle Company tried to dissuade the workers from this decision for unknown reasons. 

Nestle has its global headquarters at Nestlé S.A., avenue Nestlé 55, 1800 Vevey, Switzerland

Anand B. Shirodkar, President, Nestle Contract Workers Union

Maggi ban lifted yet its parent Nestle continues to torment its workers

Anand B. Shirodkar, is a dashing Union leader of Nestle company in Maulingem North in Bicholim taluka. He has been thrown out from job for past two and half years. His fault is to organise workers for justice. Recently he is involved in creating public out reach in various parts of Goa to explain how this multinational company has been arm twisting the workers for the aim of oppression. He has contacted Bharat Mukti Morcha for support along with his fellow workers. 

Bharat Mukti Morcha has examined the case of the workers and calls upon members of public to do the same. After examination we have found the cause of discontent is solely to suppress dynamic and independent leadership of Shirodkar. He is instrumental in forming Nestle contract workers Union  on 13 February 2013. This is most probably the first Union of Contract Workers in the state of Goa and Shirodkar and all his supporting workers deserve great appreciation. Jai Mulnivasi! 

BMM condemns knife attack on Sanjay Mayekar of Mayem

Bharat Mukti Morcha strongly condemns the knife attack on Sanjay Mayekar on Nomember 26, 2015 with grievous injuries in Mayem, Bicholim. Sanjay is a brother of Kashinath Mayekar of Mayem Nagrik Samiti dealing with evacuee property issue. At the time of attack Sanjay was a place where survey work was going on to grant land titles to the Mayem villagers. For so long Mayem has witnessed obstacles to legal land access to the villagers while mining companies had obstacle free access to evacuee property in Mayem especially Chowgules that had dried up 300 village water ground wells causing scarcity of water for agriculture. 

Kashinath Mayekar and his brother Sanjay has been involved in questioning this state of affairs for past 3 decades. Kashinath Mayekar along with later Fr. Bismarque Dias shared stage with Hon. Waman Meshram at Bharat Mukti Morcha public meeting on October 29, 2011 at Azad Maidan Panjim. Check this links for picture. Bharat Mukti Morcha calls for Judicial investigation in this knife attack in view of faltering confidence in Goa Police we witnessed in murder of Fr.Bismarque Dias murder. Bharat Mukti Morcha calls for criminal prosecution of  those involved in the attack on Sanjay Mayenkar.

Mining provokes water wars in Goa: Shirgao V/s Poira

They are both in Bicholim Taluka. They are both facing water shortages. They are both victims of mining. They are both neighboring villages  They both have politicians who try to find superficial solution to water shortages. The political leadership is hypocritical for it carries on sycophancy with mining industry. The two villages are Sirgao and Poira. Both has history of mining of half a century. The water shortages are due to reckless destruction of water table that has been pushed down to 70 meters below Sea Level. Mountains of Shirgao were majestic. They served not only to wildlife and plants, trees big and small but also as natural water tanks. They made the village prosperous many decades ago with non-stop water supply. And then mining came. Villagers protested. Protesting villagers arrested in 1970s as in Mayem and protest fizzled out. Miners won and Goa's mulnivasis lost. They lost the rivers to mining and so they lost the paddy fields to mining silt. And they lost their health to the dust from the mining companies. 

And Panchayats including Sirgao Panchayat is least bothered about all this. The Sarpanch has threatened to march on the streets on the issue of concrete water tanks water diversion to Poira village but cares a hoot for enormous destruction of natural water tanks of Shirgao - its mountains by Dempos, sold to Vendanta, Chowgules and other mining interests. Damage is really huge and protest of the Panchayat is not matching to the damage caused. And media is silent on the core issues too. Reports in Herald and Navhind Times carefully avoided any reference to mining and to the Speech of Dinanath Gaonkar in the Gram Sabha under discussion that was held on 18 January 2015. Media too is protecting mining industry and this is unfortunate development. 

While this is a situation of Shirgao as far as water is concerned Goa's EVM fraud government is going ahead with renewal of 29 mining leases. And Goa Government wants to finish of rest of Goa as well: loot, plunder, decimate, terrorize. This is the mantra of the present governance in Goa. Yet none of these are enough stifle the voices. We still remember police torture of Babi Gaonkar of Shirgao for protesting against mining industry. You may refresh your memory with a click here.

NEERI report on mining is clear in dissection what went on wrong due to mining for Shirgao. Click here to refresh your memory if needed. Shirgao Panchayat is has been completely misguided and enslaved to avoid attacking mining that has horrendously mauled Shirgao like a tiger does to its prey.  

Water tank under discussion here was constructed as a result of compliance of PWD affidavit to the Goa bench of Bombai High Court, Panaji in response to Sirgaon villagers Public Interest Litigation (PIL) in 2007. No MLA has proposed it. No Sarpanch has proposed it to be constructed.

'There is no fear to speak the truth'

From:

Babi Suresh Gaonkar

H.No. 6/1, Vadacha wada, Sirgaon, Bicholim, Goa

Date: 29/01/2013

To,

Bharat Mukti Morcha

Goa Unit

Subject:  My Police torture, Human Rights violations by Constable Venkat Marshal, PSI Tukaram Walke, Police Inspector Ninad Deulkar and other police officials attached to Bicholim Police Station on duty on 25^th and 26^th January 2013.

I the undersigned Babi Suresh Gaonkar, 18 years of age, student, OBC, resident of H.No. 6/1, Vadacha wada, Sirgao, Bischolim, wish to state following:-

1.    At 10.07 am on 25^th January 2013 I was served with notice under section 149 CrPC asking me to remain present at the Bicholim Police station on 26^th January 2013. The notice signed by police Inspector, Bicholim Police Station was dated 24^th January 2013.

2.    On the same day of 25^th January 2013 I returned from my college at 5.00 pm and had just entered my house. I saw One Constable Venkat Marshal along with PSI Tukaram Walke was sitting in a Police jeep near my house.

3.    Constable Venkat Marshal got off from the jeep and came to my house and asked me if I have a knife with me. I replied saying ‘no’. This Constable then picked up instrument called ‘koita’ that we use to peel off coconut and caught my shoulder and pulled me out of my house towards the jeep that was marked with words ‘police control room’. ASI present kicked and pushed me inside the jeep amounting to kidnapping. I was not even allowed to close the door of my house.

4.    At a time when I was forced into the jeep my mother was not at home so she was not aware that I was taken away by police. While I was in police jeep my mother phoned me on my mobile. As I received my mother’s call Police Constable Venkat Marshal confiscated my mobile from my hand and banged it on ground. When I protested and told police that my mother will be worried about my whereabouts, Police Constable Venkat Marshal warned me saying “you will not touch mobile ever again and he banged it to the ground and then switched it off.

5.    Inside the jeep, police asked me if I was wearing any gold chain. I put counter question to them ‘why?’ On this reply of mine police – Constable Venkat Marshal and PSI Tukaram Walke began to beat me up. One of them snatched my gold chain, another one pulled my long pant and I was left without my pant just in my short pant. From the pocket of the pant police confiscated cash of Rs. 1800/- and another Rs.50/-. All this was done to me while I was being carried in a police jeep from my village of Sirgao to Bicholim Police Station.

6.    Inside jeep all together there were four policemen - Constable Venkat Marshal, PSI Tukaram Walke, one ASI and a jeep driver. Police said to me “you are doing too much. You are asking for information under RTI. What do you think of yourself?”  I was treated like a dog. They further said to me “you are doing too much; we are not going to leave you this way.” I asked police in the jeep as to why my pant is taken away. Police instead of answering forcefully caught my shirt and tore off its buttons. They then said to me “we will now parade you nude at Bicholim bus stand. Then you will feel ashamed and only then you will learn as to how to write RTI letters.

7.    I was taken to Bicholim Police Station. When got off from the jeep and ASI was pulling me from front and constable Venkat was pushing me from behind. Once I reached the police station at Bicholim I was told to sit. Police then said loudly “This boy is doing too much, he is ‘malkriad’. We have caught him and brought him here now.

8.    After few minutes police put me inside the police van and took me away to Bicholim Primary Health Centre. Over there doctor asked me “What you are feeling?” I told him that I am feeling black out in my eyes and head is heavy. Doctor checked my B.P and declared that it is very high at 190/100 and I am not fit for the lock up. I was hungry. I had only breakfast and had not taken lunch. Doctor told police to take me to District hospital in Mapusa. Doctor wanted to inject me something. I refused and did not give my consent. I was then brought to the Bicholim Police Station and police there was giving me tablets to swallow with water. I refused as I was without any food. Police said “this boy is too much” and started beating me up at Bicholim police station. Every policeman on duty beat me up with kicks and slaps. They then declared that they will beat me up even more for the reason that I refused tablets. I was beaten mercilessly. More they beat me more resolutely I refused to take the some chemical tablets offered to me. I told police that no matter how much they beat me, I will never take tablets. I was then again taken to Bicholim Primary Health Centre.

9.    Doctor here was angry at my refusal to take tablets. Doctor on duty then warned me that he will certify me as fit for police custody. The doctor then checked my blood pressure again and declared that my blood pressure is normal at 130/80. Doctor then told police that it is upto them whether they want to admit him to District Hospital in Mapusa or not.

10.  From the hospital I was taken to the police station again. My mother reached at police station. I gave my mobile to my mother at around this time 7.30 pm. My Mother Suvarna Suresh Gaonkar was called inside the cabin of Police Inspector Ninad Deulkar. PI Ninad Deulkar told my mother “We have arrested your son even though he has committed no offence of any kind, we have framed him up in criminal case because he has filed RTI letter seeking information about police.” My mother told PI Deulkar “My son is in the path of righteousness and he committed no crime.”. She walked out of the cabin of PI Deulkar. While she was walking out of his cabin PSI Walke caught her shoulder and took her back in the cabin of PI Deulkar even though my mother protested and said that no male policemen can touch her. I have not filed any RTI and not sure as to which RTI PI Deulkar found in my name. RTI letter was filed by my mother Suvarna Suresh Gaonkar in order to make democracy functional in Goa’s mining belt and I have been made the target of torture.  Even then filing of RTI letter does not warrant police torture violating anyone’s self respect and dignity. The behavior of Police team at Bicholim Police station is barbaric as I experienced it first hand.

11.  I was stopped from talking to my mother and was whisked away and taken back into Jeep that drove towards District Hospital, Mapusa. Here I was taken to casualty ward. Doctor here inquired and examined my health status. I told doctor that my eyes are feeling black out and my head is heavy. Doctor got my ECG and checked my blood Pressure. He found that my blood pressure was very high at 160/90. Doctor said that I have to be admitted in the hospital. I was made to sit on the wheel chair and taken in for admission.

12.  Since it was already late and food was already served before I was admitted in the hospital nurse on duty told police that it is the responsibility of police to provide food for me. Police kept silent. Doctor wrote prescription of tablets. I refused tablets. Nurse asked me to sign the documents/papers that I am refusing tablets. I refused. Nurses then went to doctor. Then three policemen came back to me and warned me “if you are not going to sign these papers then we will beat you up. I signed these papers under duress. Nurses went away. I was neither given any food nor water to drink. Police put handcuff and tied me up to bed the whole night. I was on bed number 22 and I do not remember the ward number. I requested police to get my handcuff off my hands but police refused. The whole night I slept on bed with handcuff in my hands and locked to bed. By morning my left hand was totally numb. Many doctors came and inquired but no treatment was given to me.

13.  Handcuffs were removed from my hands just for 20 minutes in the morning of 26^th January 2013 to go the toilet to answer nature’s call. After this span of 20 minutes of freedom to my left hand I was handcuffed again. At around 10.00 am I was given medicines. I refused again. Doctor then wrote on my discharge paper “Fit for lock up”.

14.  I was very weak and handcuffed even on 26^th January 2013, Republic day of my beloved country. I did not take even water. I did not take dinner. From the hospital I was dragged and brought to Bicholim Police Station at around 11.00 am with handcuffs on. I complained about handcuffs. Police told me “If we do not put handcuffs on you then what else to put on?” On this Republic day I was brought to harsh and uncomfortable realization that I as OBC and mulnivasi is just a slave in free India and my freedom struggle has just began through handcuffs in my left hand.

15.  At Bicholim Police Station my handcuffs were removed. I am not sure as to who gave permission to handcuff me.

16.  At 1.00 pm on 26^th January 2013 PSI Walke spoke to me at the Bicholim Police Station “We arrested you yesterday at 5.00 pm and now we will remand you for 14 days of judicial custody. This is a minor offence. You can take bail with two sureties. Now inform someone at home.” I told him that I was not allowed to call my mother and when my mother called on my mobile you snatched and destroyed my mobile.” PSI Walke retorted “You are still talking too much?” I told him “There is no fear to speak the truth.” I was then asked to call up my mother. I called my mother from police telephone and after that I was sent into police lock up again. Handcuffs were put again on my hands inside the lock up. Several policemen gathered and said “we now have some more time to beat you and torture you. We were not able to do it as you spend most of the time in hospital last night.” While I was being tortured and beaten up inside the police custody I noticed my mother walking from a distance and I cried aloud “Mummy”. My mother heard my cries and she started to walk towards police custody. One policeman came and stopped her and told her to go in some other direction where lawyer was waiting with bail application.

17.  Then on 26^th January 2013 while still in police custody I was forced to sign Memo of Arrest signed by T.P.Walke, PSI, Bicholim Police Station dated 25^th January 2013 that reads as “You are hereby informed that you have been placed under arrest in Bicholim P.S. Cr.No. 17/13 u/s 341 of I.P.C today i.e. on 25.01.2013 at 17.00 hrs. You are further informed that the said offence is a bailable offence  and you are entitled for bail.’ I also signed arrest form after consulting my lawyer. I have not restrained anyone to attract section 341 of I.P.C. and I hold that this police action is in total violation of my human right to life and dignity enshrined in the Constitution of India on the eve and on the day of the Republic Day 2013. Police did not return my pant, my cash and my gold chain till date even though I am released on bail and out of police custody.

18.  In my understanding Bicholim police acted in this manner with me under the directions from Rajaram Bandekar (Sirigao) Mines Pvt. Ltd as they have past history of using police and other bodies of state administration like Panchayat and BDO for their vested interest of capturing 1,19,000 square meters of my family land near my house in Sirigao.

19.  I pray that suitable action be taken against all the named Constable Venkat Marshal, PSI Tukaram Walke, Police Inspector Ninad Deulkar and unnamed policemen attached to Bicholim Police station responsible to my torture on 25^th and 26^th January 2013.

20.  I pray to you to do everything possible for this matter has not just caused grave harm to me but to the very core of the spirit of the Constitution of India that governs all people of India.

Thanking you,

Yours Sincerely,

Sd/-

(Babi Suresh Gaonkar)