CITU-led Workers’ Protests Against Diamond Restaurant Successful after 162 Days

In a meeting of the Centre of Indian Trade Unions (CITU) with the authorities of Diamond restaurant on September 14, which was held in the presence of the Deputy Commissioner of Shimla, Mr. Amit Kashyap, a final agreement has been drawn between the workers and the authorities on the long standing protest of 162 days led by the CITU over the illegal termination of 2 of the restaurant’s employees and illegal lock down of the premise.

In a major victory for the workers and their rights, after a long standing struggle and constant protests outside the restaurant, the authorities have finally agreed to all the demands of the workers.

Vijender Mehra, CITU District Secretary said that the authorities have agreed to re-employ 28 employees out of the 51 employees, who were unlawfully suspended after the authorities had fired 2 of the workers and that they have resumed work on September 17. “A total of 51 employees were suspended without any notice or any allowance. The authorities have agreed to re-employ 28 employees immediately and the remaining 23 will remain suspended since this case is still in process in the labour court but we have made the authorities assure us that these workers will get 70 per cent of their salaries till the time they are suspended.”

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The owner has also agreed to pay suspension allowance and salaries which they had not paid to the workers for over six months. The amount of the overdue salaries is approximately 16-17 lakh.

In a detailed conversation with NewsClick, Vijender Mehra said that this is a satisfactory agreement as the case is still continuing in the labour court and even though the verdict might take another six months, they are positive that the remaining employees will be re-employed as the case against the authorities is strongly in the workers’ favour.

“Since day one, we have lawfully exercised our right to protest and have systematically approached the entire issue whereas the authorities and the owner have constantly violated the law. As soon as the workers were fired in April, we raised a Demand Charter with the labour department on April 6, after which the owner put a lockdown on the premise which is illegal,” said Mehra.

Further quoting the Industrial Dispute Act, 1947, he said, “Once the Demand Charter is raised, no action can be taken against the worker let alone suspend them or transfer them and putting a lockout is illegal any way.”

Sanjay Chauhan, former Mayor of Shimla ,who has been a prominent face in the constant 162 days of protests, said, “We will always fight for what is right and raise our voice against unlawful practices of the state or capitalists like the Diamond authorities who try to exploit poor people and the workers. Even though the struggle was long, we have fulfilled our duty and made sure that the workers get justice. Our struggle is our message to anybody who thinks they can exploit workers.”

It is also understood that the authorities have agreed to re-employ the remaining six against whom cases are pending among the 23 still on suspension, since it’s going to be financially difficult for the authorities to employ new workers and at the same time pay the suspended workers.