Workers Be Damned – The Akbarallys story

Mohamed Elyas (left), Harichandra Gurav, Francis Fernandez, Ebrahim Singh

Mr. Francis Fernandezis 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.