March 8 Rally: A Mixed Bag of Promises And Rejections

Four thousand women from 11 independent trade unions and mass organisations marched from Sealdah to Esplande in Kolkata on the occasion of International Women’s Day, highlighting problems faced by women workers working in the informal sector. The women marched to demand strict measures on sexual harassment at workplace, minimum wages for all workers, including women who are employed under government programmes and working as Anganwadi workers and helpers, ASHA workers, mid-day meal cooks, link workers and those employed in tea gardens; regularization of casual and contractual Government workers; a stop to arbitrary sacking of women; social security benefits for all workers; and provision of worksite facilities, such as toilets, drinking water and crèches. The workers also highlighted the government’s refusal to register trade unions formed by women, specifically sex workers and domestic workers and the arbitrary manner in which hawkers were being treated in the absence of a State Hawkers’ Policy.

At the end of their march, while some of the women joined a public meeting organized by Maitree, a women’s network working on gender issues in West Bengal, others joined a protest by the Soni Sori Mukti Manch to demand release of Soni Sori and other such women prisoners.

A delegation also met with the Labour Minister of the State, Mr Purnendu Basu, in the evening for over an hour. On the issue of Minimum Wage, a demand for a floor level minimum wage of Rs. 400 (as per calculations of the 15^th ILC and Supreme Court Orders) was made. The Minister outrightly refused this demand and disagreed with our calculations. The issue of the minimum wage in agriculture being fixed at Rs. 167, as against Rs. 217 in other rural industries was also raised as being too low, which the Minister was not able to justify. He also stated that they had demanded that the Central Government declare Rs.171 as the minimum wage in NREGS works, but was not able to give the logic for this.  The delegation also demanded Minimum wages for all Government employees, including midday meal cooks, ASHA, Anganwadi, link workers in health, trained dai and other workers who work under Government programmes, which the Labour Minister asked us to raise with the Central Government, as these were all schemes under the Centre.

The issue of increasing casualisation and contractualisation of workers and the need for their regularization in the case of Government employees was also bought to his notice, to which the Minister agreed in principle, but showed his helplessness due to the huge debt that had been run up by the previous Government. Again we were advised to meet the Central Government and to organise an all India movement.

One of the most important discussion was on state government’s refusal to register trade unions formed by women, that of sex workers, domestic workers. The response in this regard was not positive, as the State asked us again to take up the demand with the Central Government as the Trade Union Act falls under their purview.

On a more positive note, the Minister told us that they had already taken positive steps on a state policy for hawkers, with a State Government sponsored Bill which they plan to pass soon in the State Legislature.

The demand for social security for all unorganised workers was received positively, with the Minister promising to immediately enlist all names put forward by the unions and mass organizations present under the State Assisted Scheme of Provident Fund for Unorganised Workers in West Bengal (SASPFUW) from his office itself if the requisite papers were given. Important issues of Sexual Harassment at workplaces, including government worksites such as NREGS and Construction sites and provision of worksite facilities, such as toilets, drinking water and crèches were met with seriousness, with promises that they would be looked into.

Participating organisations include New Trade Union Initiative and its affiliates such as Binodini Shramik Union, All Bengal Sales Representative Union and Paschim Banga Khet Majoor Samity, along with other mass organsaitions and unions such as Hawkers Sangram Committee,  Shramajivi Mahila Samity, Bagan Suraksha Committee (Jalpaiguri), Gogo Gaonta (Birbhum),  Paschim Banga Swarojgari O Raduni Union, Paschim Banga Nirmaan Shilpa Shramik Union ( Organising Committee), Shramajivi Samnvay Committee, , West Bengal Government Employees Union (Nabaparjaya) and Durbar Disha Mahila Griha Shramik Samanvay Committee

(Asta Bala Maity)   (Rama Debnath)
Karmajivi Mahila Parishad (Organising Committee)

Court Orders Payment Of Dues

Reprimanding the State Government for not paying minimum wages to workers in the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), the Kolkata High Court passed its final order in WP 16913(W) of 2009 filed by Paschim Banga Khet Majur Samity (PBKMS) on 7th January 2013. It ordered the State Government to not make such a mistake in the future. The State Government has also not disputed that it has not paid minimum wages and has thus admitted its mistake. The court has asked the State Government to pay the balance amount to all workers who apply for the same.

According to the petitioner, the Government of West Bengal did not pay statutory minimum wages to MGNREGS workers in 2009. Workers were paid Rs.81 per day when the declared legal agricultural minimum wage was Rs.87.50 in West Bengal. Section 6(2) of the National Rural Employment Guarantee Act, 2005, states that until wage rate for the purpose of National Rural Employment Guarantee Act is specified by the Central Government, the minimum wage fixed by the State Government under Section 3 of the Minimum Wages Act, 1948 for agricultural labourers, shall be considered as the wage rate applicable for NREGS works. PBKMS therefore contended that each NREGS worker in West Bengal has been paid Rs.6.50 less than his/her legal entitlement from January to December 2009, and had claimed that the State Government must pay Rs. 71.82 crores for 1105.02 lakhs of person days of employment to NREGS workers.

 
The PBKMS has declared that all its members and all other NREGS workers will apply for the remaining amount from the State Government and if they meet with refusal, the union will again move for contempt of court against the State Government.

Solidarity With Tea Garden Workers

All of us know about inhuman conditions of the tea workers of North Bengal. During the Left Front Government’s regime, the unending procession of dead, starving workers that emerged from the tea gardens was an issue that was much discussed and which led to many protests. With the re-opening of many gardens, there has some improvement in this state of affairs. However, overall, the situation remains the same without any meaningful gains for the workers. The number of closed gardens may have reduced, but the wages of tea workers remain abysmally low, when compared to the huge price inflation in the past few years. The conditions of workers in this industry, in which India is a world leader, are as bad, if not worse, than that of workers in the unorganized sector.

Despite all the denials by Governments in power, one cannot but accept that hunger and hunger –related malnutrition are a daily problem for tea workers. For example, Ramjhora TE is now an open garden, so the workers there no longer get the facilities that were extended to closed gardens. Ironically, they are also not given the wages and facilities of workers of open gardens. They feel they have gone from the frying pan straight into the fire.

Dheklapara tea garden makes the headlines every second day for all the wrong reasons. There may be endless debate about whether the deaths in Dheklapara are due to starvation, but there can be no doubt that the workers are in horrendous conditions. While giving doles occasionally, the Government is silent, saying that the matter is sub judice. The garden is under liquidation, yet no buyer is coming forward. The Tea Board, which is legally obliged to see that tea gardens function properly, and the State Government, which is also responsible for workers’ welfare, could take it over, are shrinking from doing so.

Another garden close to these two is Dalmore, which has been closed or is on the verge of closure for two years now.  It gets none of the facilities for a closed garden and its management also shows no signs of re-opening the garden.

The workers of these three gardens want to take positive action. NTUI has organized worker representatives to come to Kolkata. 28 of them are coming to meet the state administration on 21^st December 2012. On the 22^nd December 2012 afternoon at 2 p.m., they will meet the press at Press Club to give details of their conditions and that of their gardens.

On 22^nd December 2012, these 28 workers will meet various trade unions and other sympathetic persons at 10.30 AM at AWBSRU Guest House to explain their problems and ask for suggestions and solidarity support.

We invite you/a representative of your organization to join us on the 22^nd to extend solidarity to the workers and give suggestions for their future movement.

In solidarity

 
Anuradha Talwar, Pradip Roy

Return Kulpi Land To The Landless And Fish Workers, Not To Shipyard

Paschim Banga Khet Majoor Samity (PBKMS) welcomes the State Government’s move to declare about 500 acres of land bought illegally by benami companies as vested in the Kulpi block. We are however concerned about the future of this land.

We have been informed today by newspaper reports that Bengal Shipyard, a 50-50 venture of the Apeejay Surrendra Group and Bharati Shipyard, plans to set up a marine cluster, with ship building, repair, unloading and loading facilities etc. and that they propose to take the land vested by the Government on lease for this purpose.

We would like to remind the ruling party that they had won on the slogan of “No Agricultural Land for Non Agricultural Purposes” and “No Acquisition of Land by The Government for Industry”. Vesting the Kulpi land and giving it to a shipbuilding company amounts to breaking of these promises. It virtually amounts to acquisition of agricultural land for industry. The Government must instead distribute the land to the landless in Kulpi.  

This land in Rangaphala and Tangra Char villages was forcibly acquired by the land mafia from the land owners, bargadars, and pattadars. Force, intimidation, threats of use of firearms had all been used to suppress protests in the villages.

Due to the Samity’s movement, the police stopped protecting the land mafia and the illegal fencing of people’s land. The Samity also helped 5 registered bargadars- - Jabdali Peyada, Alauddin Jamader,Aipan Beowa, Badal Sarder and Sabur Ali Jamader-to move  Diamond Harbour court and to get the right to till their land. Thus in 2012, these bargadars farmed over 25 bighas of land within the so-called project area, and are at present harvesting their crops. The government also initiated an enquiry after receiving written complaints from the Samity.  

In a complaint given on 6^th August 2012 to the Chief Minister and Industries Minister , PBKMS had stated that about 1500 bighas of land had been purchased by a cartel of 40 companies. On investigation we had found that many of these companies exist only on paper and were probably being used as fronts to circumvent the ceiling on purchase of agricultural land. For example, 10 of the companies were registered at the same address. The so-called project remained shrouded in secrecy, leading to suspicion that only land speculation will take place with no economic gains for the local people. No local consultation had taken place about the project. Even the lawyer (RN Ghose and Associates) of the so-called buyer/company had not revealed details of the so-called project in its letter to the administration. Many illegal methods had been used to purchase land and occupy it by the benami buyers, who have put forward a set of middlemen (“arrangers”) to do these transactions. Complaints about this, including 11 specific instances were put forward to the BLRO, BDO and OC at their request. Initially, no action was been taken. Instead the police provided protection to the “arrangers” to illegally fence the land of people who had not at all sold it or who were registered bargadars. The purchase of land had meant extensive loss of income and employment for fish-workers and agricultural workers in the areas.

We would like to remind the State Government that the first claimants to any vested Government land should be the landless. We therefore demand that this land be distributed amongst landless agricultural workers and fish workers in the area. In addition, all bargadars and attadars should have their land restored.

Anuradha Talwar  
Swapan Ganguly