NO to Contract Work! Reinstate and regularise the 60 illegally terminated workers at the Haldia Dock Complex

The New Trade Union Initiative stands in solidarity with the Haldia Dock Complex Contractors' Shramik Union in its fight against the contract labour system and the illegal termination on 1 July 2011 of 60 workers of the Haldia Dock Complex (HDC) employed at the Berth No. 10 Rubber Tyred Yard Gantry Cranes under the control of the Kolkata Port Trust (KoPT).

We congratulate the 2,000 workers at the HDC led by the Haldia Dock Complex Contractors’ Shramik Union for the success of the 4 hour tool-down industrial action held on 3 August 2011 which brought the port operations to a stand-still as the loading and unloading of containers from eight ships were suspended. The 60 workers who were illegally terminated have been continuously employed in the container yard for loading and unloading of containers for the last 5 years, despite two changes of contractors. This clearly indicates the sham and bogus nature of the contract arrangement. The NTUI demands that the KoPT immediately reinstate the illegally terminated workers and regularise their employment.

The company contracted by the HDC to take over on 1 July 2011 the Operation & Maintenance of four Rubber Tyred Yard Gantry Cranes, at the Container Parking Yard of Haldia Dock Complex, Mumbai based Land-Marine Equipment Services Private Limited, has ignored both the Additional Labour Commissioner’s advice to reinstate workers within 7 days, and the tripartite agreement reached on 18 July 2011 wherein they agreed to take back all the workers. The NTUI condemns the Land-Marine Equipment Services management’s blatant violation of the law of the land and visible lack of willingness to engage in negotiations in good faith for a resolution of the issue. The management of KoPT, as the principal employer has also failed in ensuring the implementation of the Additional Labour Commissioner’s advice.

This is not the first time that the contract workers of the HDC have had to fight for fair working conditions and security of tenure of employment. Over the years, HDC has gradually changed its workforce composition and created a small core of permanent employees and a growing body of workforce under temporary contract who are employed under precarious working conditions. This weakens the bargaining power of the workers.

The total workforce strength at HDC is 6700, of which 3200 are permanent workers and 3500 are contract workers. There are 600 contract workers in regular and stable jobs in different divisions who receive wages between Rs 165 to 270 per day, with limited benefits of ESI and PF, far below the earnings of permanent workers engaged in the same work. It is deplorable that these workers are kept outside the category of regular employment and exploited. The NTUI denounces the complicity of the principal employer KoPT in allowing for the contractualisation of the workforce and discrimination of contract workers in the facilities under its control. We condemn KoPT management’s use of this discriminatory practice as a tool to divide workers and marginalise contract workers and the unequal treatment given to contract workers. The NTUI upholds the right of equal pay for equal work and right to security of tenure as regular workers.

The struggle of the Haldia Dock Complex Contractors’ Shramik Union is a part of our common struggle and NTUI is committed to ensure the success of this struggle.

The NTUI demands that the Kolkata Port Trust and the Land-Marine Equipment Services management:

· Reinstate all the dismissed workers immediately

· Absorb contract workers employed in jobs that are perennial in nature into the KoPT workforce

· Stop engaging in unfair labour practice and stop violating labour laws

The NTUI calls upon the Regional Labour Commissioner and the Chief Minister of West Bengal to defend the rights of the most vulnerable workers, the contract workers, and ensure that both KoPT and the Land Marine Equipment Services management follow the due process of law.

For more information, contact:

Anuradha Talwar, Convener-NTUI West Bengal State Committee and Secretary, NTUI

Pradip Roy, Co-convener-NTUI West Bengal State Committee 
[PBKMS is affiliated to the NTUI]

Tea Workers' Struggle A Just Cause

The New Trade Union Initiative supports the continuing united industrial action by 32 unions represented by the Coordination Committee of Tea Plantation Workers supported by the Defense Committee for Plantation Workers Rights and other unions for an increase in wages from the present Rs. 67.50 to Rs. 165 and a re-introduction of Variable Dearness Allowance (VDA).

The tripartite negotiation, that began with the lapse of the previous industry wage agreement on 31 March 2011, entered a deadlock after 6 rounds of negotiation when the Consultative Committee of Plantation Association (CCPA), refused to accept the demand of theCoordination Committee for an increase in daily wages from Rs.67 to Rs.165. Thegovernment then made an informal proposal to the unions to accept an increase in wage to Rs130 at par with the MGNREGA wage. The CCPA offer for wage increase stands at Rs 24spread over three years at Rs. 8 each year to Rs. 91 in three years time. This means that the employers are offering a wage increase, even with the additional component of wage in kind,that would keep wages below the national floor wage and also below the state agricultural minimum wage.

The West Bengal state government along with the employers has come down heavily against this united action of the trade unions in the region. The employers, on one hand, have resorted to wage cuts in several gardens and have even declared illegal lockouts. On 4 August, the management of Bharnobari Tea Estate (a garden, employing 2,034 workers, that remained closed for a period of over two years between 29 December 2005 till 27 April 2008 and experienced 28 starvation deaths during this period) began to deduct wages of workers for participating in the hour long gate meetings that were being organised by all trade unions in every garden calling for a resolution of the present deadlock. When workers protested the illegal wage cut, the garden manager threatened to declare a lockout in the garden. Hundreds of workers led by women activists of the Paschim Banga Cha Bagan Shramik Karmachari Union gheraoed the manager and the 6 assistant managers and walked them 2 km to the Hashimara Police Station and filed a complaint of harassment. The management has sinceabandoned the garden. Similarly, in the Debpara Tea Estate, employing 1108 workers, the management announced a ‘suspension of work’ following protests by workers.

On the other hand, the newly formed state government has adopted a dual strategy to break the unity of the workers. In response to the strike call by the tea unions, the Chief Minister of West Bengal said “... The politics of strike cannot be allowed to go on... Numerous tea gardens have remained shut. There can be problems, but strikes cannot be used as a tool to deprive people of their rights.” She also added that if necessary her government would legislate to ban strikes. This is in blatant violation of the right to strike of workers. The political right to strike is organically linked to the fundamental right to association and collective bargaining of workers as enshrined in our constitution and is an inalienable part of trade union response in times of dire crisis. This is also in violation of the ILO Conventions 87 on Freedom of Association and Protection of the Right to Organise and 98 on Right to Organise and Collective Bargaining. Even the United Nation's Covenant on Economic, Social and Cultural Rights enshrines the right to strike.

The government has also begun parallel wage negotiations with the Progressive Tea Workers’ Union (PTWU) which is not even a member of the Coordination Committee that represents 32 unions in the industry and, along with the Defense Committee, is the bargaining agent for workers in the tripartite negotiation. The PTWU had initially demanded a daily wage of Rs 250 against the demand of Rs. 165 plus VDA made by the Coordination Committee. When the CCPA turned down this proposal, the PTWU also decided to support the strike called by the Coordination Committee on 7 August 2011 and supported by the Defense Committee as well as many other unions, including the All India Central Council of Trade Unions (AICCTU) and the union affiliated to the Indian National Trinamool Trade Union Congress (INTTUC.

But, following a bilateral meeting on 10 August 2011 with the State Industries Minister,Partha Chatterjee, Development Minister, Gautam Deb, and the Labour Minister, Purnendu Bose, the PTWU announced that they would go on strike on 17-18 August if the wage for plantation workers is not increased to a minimum of Rs 90. This is not just diluting the wage demand of the Coordination Committee but also breaking the existing united movement of tea workers. The union on 14 August has also withdrawn its proposed two-day tea strike from 17 August after a meeting with north Bengal development minister Gautam Deb. This parallel negotiation process is also undermining the ongoing tripartite negotiation and driving a wedge in the unity of workers in the industry.

NTUI welcomes the coordinated effort of the unions in the Coordination Committee of Tea Plantation Workers and stand in solidarity with the continuing struggle for a wage agreement in the tea industry in Bengal. Further, NTUI strongly condemns the state government’s threat to ban strikes and its efforts to circumvent the tripartite negotiation. We call upon the Government of West Bengal to respect the:

1. Right of the bargaining agent for workers - the Coordination and the Defence Committees - in the tripartite negotiation on tea

2. Framework of tripartite negotiation in industry wage agreement

3. Right to Association and Collective Bargaining of workers

4. Principles of a just minimum wage for all workers

Ashim Roy, General Secretary, NTUI

[PBKMS is affiliated to the NTUI]

Last Rites For Haripur N-Plant

The West Bengal Power Minister hammered the final nail in the coffin of the nuclear power plant at Haripur, telling the State Assembly that  “the state government has decided to scrap the proposal for a nuclear power plant at Haripur". He also said "the present government has no plans to set up nuclear power plants in any other parts of the state." 

We welcome this statement by the Power Minister and see it as a victory of the Haripur Parmanu Chulli Birodhi Jeevan Jeevika O Bheete Bachao Committee's (Committee Against Nuclear Plant and to Save Homes, Life and Livelihood) movement and that of other people's organisations in Haripur and other parts of the state. Especially welcome is the statement against life-threatening and dangerous nuclear power in general, which says that no plants will be set up anywhere in the state.

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Anna Hazare's Arrest Restricts Dissent And Democratic Space

Paschim Banga Khet Majoor Samity condemns the arbitrary and undemocratic arrest of 1,300 activists in Delhi. This arrest is one more step in shrinking the space for democratic, peaceful dissent in our country. The everyday experience of our members (who are mainly rural workers), with the administration is that whenever they fight for their entitlements they meet with, at best, apathy and, at worst, repression.

Questioning corruption and demanding entitlements is dangerous at the grassroots level, where our members often face violent attacks when they raise such issues. The local police and administration actively collude or are passive bystanders when these attacks take place. In the arrest of Anna Hazare and that of 1,300 others, we see only an echo of our own micro, grassroots experiences.

In addition, we have seen both in Kolkata and in Delhi, a shrinking of the public spaces where protests are “allowed”. While the Jantar Mantar in Delhi is no longer freely available, with staying at night prohibited, in Kolkata, popular places of protests like Sealdah Station are no longer available. The latest attack has been on the Metro Channel, where the space for gatherings has been highly restricted. There have even been statements by important political figures in Bengal threatening to ban strikes and bandhs.

 

We condemn all such attacks on the right to peaceful protest by Governments in power and call upon all citizens to join us in our protest.