Viva Global has about 400 workers, of which about 100 have been dismissed and another 200 are on an indefinite agitation outside the factory in Gurgaon, says the workers union.
Several rounds of talks have been held between the workers, represented by the Garments and Allied Workers Union (Gawu), company officials and the district labour commissioner's office since last month, with no agreement yet in sight.Gawu lawyer K K Niyogi says the factory has been supplying garments to M&S for the past six years and the latter's officials have been visiting the agitation site, with little progress towards an agreement.
"The factory officials assured the M&S region head at our last meeting that 90 per cent of our demands were acceptable and the agreement would be signed immediately. But even days after that assurance, nothing has happened. We have no alternative but to believe both the company and the factory are hand in glove on the labour law violations here," says Niyogi.
The trouble started last month when workers allegedly began protesting about non-payment of overtime despite being made to work for 14 hours a day, as also non-payment of bonus at the rate of 8.33 per cent. "They pay arbitrary amounts like a Rs 500 or Rs600 as bonus.
"Workers are treated as slaves and are beaten and have to suffer abuses routinely," says Niyogi. "People don't even have access to clean drinking water or toilets."
The factory has 400 workers, of which 100 are on contract and are paid just Rs2,800, say Gawu activists.
On August 23, the factory arbitrarily decided to dismiss some of the contract workers, to which the permanent workers protested, saying that at least their provident fund claims should be settled and dismissal done as in law.
Things took a turn for the worse, says Gawu, on August 25 when several musclemen allegedly attacked the workers when they were coming in. One, Arif Ansari, was allegedly abducted and tortured.
The president of Gawu, Ananya Bhattacharya, began a hunger strike outside the factory, prompting the district police head to step in. In one day, Ansari was found by the police and hospitalised, says Niyogi.
M&S representatives acknowledge the agitation is a cause for worry and it has potential to tarnish their brand. Venugopal Nair, head of the region for M&S, told Business Standard there was no lockout as alleged and less than 30 workers were on strike.
Factory manager Mohan Dimry told Business Standard the allegations were untrue and he would be able to explain everything. He said meetings and talks have been on and promised to explain everything at a later date.
He denied the allegation of abduction as well as violence by goons but refused to speak any further. "I will explain everything later," he said.
Gawu activists cite a headcount done by the labour department on a single day which found 82 workers in the strike pandal.
"The company is calling it an illegal strike but how do you expect workers to join if goons attack them when they are coming for duty and abduct one of them?" they ask.
The Observer of London had reported recently that factories in India and the region were using workers hired through middlemen, and paying them as little as 25 pence an hour in the case of Gap and Next, and 26 pence an hour for Marks & Spencer.
The companies were quoted as saying they were totally committed to ethical trading and would not tolerate abuses in their supply chain.
All said they had their own auditing processes and swift action was always taken where warranted. M&S told The Observer it was yet to see evidence to support the low wage claims.