Tea Workers Present Demands Charter

The United Tea Workers Front (UTWF) was launched on 27^th December 2013 at Siliguri, primarily to raise the issue of a living wage and related matters in the forthcoming wage negotiations in North Bengal.  The launch was preceded by a number of discussions between unions about the non-transparent and anti-working class manner in which wage negotiations take place in the tea sector in West Bengal and the total absence of any kind of conception of minimum wages in these negotiations.

At its launch, the UTWF presented its Charter of Demands for Terai, Dooars and Darjeeling , which concentrated on the following:

• Wage negotiations must be completed before the expiry of the present agreement, which is valid till 31^st March 2014.
• The negotiations must take place in Siliguri and Darjeeling, instead of Kolkata, so that workers and their leaders can participate in a much more active manner in the negotiations, instead of feeling marginalised, as they do in Kolkata.
• Tea workers must be included in the Scheduled Employments under the Minimum Wages Act 1948. The Government of West Bengal must notify wages under the Act for tea workers and any collective bargaining agreement must ensure that wages are above those fixed under the Minimum Wages Act. A calculation made using the widely accepted 15^th ILC recommendations and Supreme Court orders showed that this would.
• Any deductions made from such a minimum wage for benefits under the Plantation Labour Act must be calculated in a transparent manner. All such calculations and documents must be made available to the workers and their unions.
• All wage and non wage benefits must be extended to all bigha (seasonal) workers.
• The Tea Board must also participate in the discussions.
• All other fiscal issues such as Wages & Salary, Extra Leaf Payment, Dearness Allowances, Variable Dearness Allowances, LTA and Additional Compensation must be resolved alongside, and all cash payments, including the daily rated wage should be inflation linked with 100% compensation for inflation.
• All vacant posts must be immediately filled. Trainings for skill improvement must be undertaken.

Actions

On 7^th and 8^th January, the UTWF presented its charter of demands to the Labour Minister and the Coordination Committee of Plantation Associations (CCPA). The Labour Minister received the demands of the UTWF positively. He seemed in favour of inclusion of tea plantation workers in the Scheduled Employments and was also in favour of the need to have negotiations in Siliguri and Darjeeling, if the employers were agreeable. He was however initially of the opinion that it would be impossible to hold wage negotiations before the Lok Sabha elections, but later he assured us that they could be started before the 31^st March 2014 and he would also try to ensure completion by 31^st March 2014.  The CCPA told us “the dynamics in the industry had changed. We are aware of this and will respond accordingly.”

Immediately after this, the CCPA invited the UTWF to the negotiation on Leave Travel Allowance formally recognizing it as one of the important stakeholders in the industry.

The UTWF has since then organized the following programmes:

1.      Meeting of garden level leadership of the Doars at Birpara on 17^th January 2014, attended by about 200 workers.

2.      Meeting of garden level leadership of Nagrakata and surrounding blocks attended by about 500 workers at Nagrakata TE on 20^th January 2014.

3.      Meeting of over 400 women workers on 24^th January 2014 , in collaboration with Karmajivi Mahila Parishad , a state level council of women workers from 11 trades, at Malbazar culminating in a deputation to the SDO on the demands of women workers as well as submission of the UTWF Charter.

4.      Meeting of garden level leadership of Terai region at Bagdogra TE on 25^th January 2014 attended by about 100 workers.

5.      Public convention of tea workers at Nagrakata attended by about 400 workers on 6^th February 2014.

6.      Presentation and discussion of the UTWF charter of demands to GTA Sabha members at Darjeeling on 7^th February 2014.

Besides this, garden level meetings have taken place in a large number of gardens throughout the region.

The UTWF also had to face a setback when four of the leaders of its constituent, Terai Dooars Progressive Plantation Workers Union, were arrested on false charges on 27^th January 2014, while organizing a bandh protesting the gang rape of an Adivasi girl at Labhpur in Birbhum. This includes one of the UTWF Convenors, Kiran Kalindi and a member of the UTWF Committee, Baijnath Naik. They are still in jail and have been refused bail so far. Despite their absence, other leaders of the union are continuing with their organizing and campaign work successfully.  

The UTWF’s movement has had the impact of bringing to the forefront the issue of very low wages in the tea sector. After it raised the demand for Rs.322 as the daily minimum wage (inclusive of all benefits)  based on the 15^th ILC  and Supreme Court orders and inclusion in the Scheduled Employments under the Minimum Wages Act,  other unions have also  made similar demands. The Co-ordination Committee publicly presented its charter of demands on 10^th January 2014 and later TMC led unions have also made public statements about their demands. There seems to be an industry–wise agreement amongst unions, with both the Coordination Committee and the TMC led unions raising the demand for inclusion of tea workers in the  Minimum Wages Act. Similarly, the Co-ordination Committee has demanded a cash wage of Rs.285 and the TMC led unions Rs.290. If non-cash benefits provided under the Plantation Labour Act are added to this, the amount would be even more than the Rs.322 as asked for by the UTWF.

A second impact has been that the Joint Labour Commissioner on the 8^th January 2014 announced the Government’s intention of holding the first meeting for wage negotiations on 25^th February 2014 at Siliguri.

Anuradha Talwar (Principal Convener), P. T. Sherpa (Convener, Darjeeling), Leos Hasapurti, Kiran Kalindi (Convenors ,Dooars),Rajesh Toppo, Harihar Acharya  (Convenors , SiliguriTerai)

Police Attack Activists Asking Justice For Domestic Help Found Hanging

Gurgaon Police on January 30 lathi-charged and arrested women representatives of Gharelu Kamgar Sanghatan – Gurgaon (GKS-G) including Anannya Bhattacharjee, a labour rights activists, when they were demanding a second post-mortem in the case of a death of a 17-year-old domestic help in DLF-Phase 3.

In a shocking incident in Gurgaon yesterday, a 17-year-old domestic help’s body was found hanging in an employer’s house. The incident happened at S-15/19, DLF, Phase 3, Gurgaon, reportedly a residence of Mr Vijay Beri. Family members of the deceased domestic help are certain that she has been raped and murdered and are demanding a thorough inquiry into the incident.

When family members reached the house, police personnel were sitting inside the house in a relaxed manner, having tea and snacks. The family members were offered Rs 3 lakhs to accept it as a suicide case and not to demand an inquiry. The family members said “Hame Insaf Chahiye, Paisa Nahi!” (We want justice, not money). They refused to accept any amount of money and are demanding full justice in this case. Gharelu Kamgar Sanghathan – Gurgaon (GKS-G) has said that the photographs taken by police, which the family members got to see, definitely creates an impression that her body was hanged after her death.

The police had failed to initially register an FIR. It is only on the insistence of GKS-G, the police finally registered an FIR on January 31 under Section 302 and 376 of the IPC. The FIR has named Mr Vijay Beri and his two sons as primary suspects in this case. The GKS-G has said that the post-mortem done by the police is not trustworthy nor believable.

Police instead lathi-charged and arrested the women activists when they with victim’s family members were demanding a second post-mortem to establish the facts of death in this case. The family members are insisting that they will not perform the last rites unless a second post-mortem is performed. The GKS-G is demanding immediate arrest of Mr. Beri and his two sons to prevent them from destruction of any evidences, bribing or threatening the family members of deceased domestic help and from influencing the probe.

 
Gharelu Kamgar Sanghatan, Gurgaon

Adivasi Leaders Still Under Arrest

There have been some developments in the case regarding the arrests of four Adivasi leaders in North Bengal protesting against the gang rape of a tribal woman in West Bengal.

On 28^th January, the Sub-divisional court at Jalpaiguri , while granting bail to all four accused in two cases, denied them bail in a third case and remanded them to 14 days of judicial custody. On the same day, about 1,000 people organised a protest at Nagrakata police station in Jalpaiguri asking for the release of their leaders. The FIRs filed in the cases by the police have been recovered and state that a Government vehicle was destroyed, and swords and other arms were seized during the arrest, but no seizure list or other evidence has been given with the FIRs. Fourteen others have been also falsely listed as accused in these cases. These 14 consist of the entire active leadership amongst the Adivasis in that area. On 30th January, a mass deputation to the District Magistrate Jalpaiguri has been organised to protest the arrests and the arbitrary cases.

The local leadership suspects that the false cases have been filed and arbitrary arrests are being made to suppress all forms of protest from within the Adivasi community, establishing the hegemony of the ruling party as the lone voice that should exist. This is despite the fact that voices from within the Adivasi community condemning the Labhpur gang rape are vital for restoring the comparative safety that Adivasi women have enjoyed within their communities. They also suspect that the action is also aimed at suppressing their struggle for a decent and just wage in the tea plantations.

It is vital that support be extended to the trade unions leaders from the Adivasi community to make both their protest against the atrocities on women and their struggle for a just wage successful. Many of you have written asking for concrete ways in which to protest. We therefore appeal to you to send protest letters /faxes/emails to one/all of the following addresses:

• Shri MK Naryanan, Governor, State of West Bengal, Tel: 033 2200 1641, Fax: 033 2200 0020, email: governorwb@nic.in     

• Smt Mamata Banerjee, Chief Minister, Minister in Charge, Home Affairs and Minister in charge Tribal Development, Tel: 033 2214 5555/ 2214 5588 Fax:2214 5480, email: cm@wb.gov.in. cm@wb.nic.in

• Shri Gautam Deb, Minister in Charge, North Bengal Development, Tel: 033 2214 5484 Fax: 2254 4582, email: micnbdeb@wb.gov.in

• Shri Basudeb Banerjee, Home Secretary, Tel: 2214 5656, Fax: 22143001, email: sechome@wb.gov.in

• Smt Pritha Sarkar, DIstrict Magistrate, Tel: 03561 230127, Fax: 03561-224811, email: dmjpg@wb.nic.in

• Shri Amit P. Jawalgi, Superintendent of Police, Tel: 03561 230492, Fax: 03561 230140, 230597

Support Group for Tea Workers

Release Arrested Adivasi Leaders

We strongly condemn the arrest of Kiran Kalindi, Baijnath Naik, Azad Ansari & Wilson Guria from Nagrakata, Jalpaiguri on January 27, 2014. The four persons were peacefully campaigning for a bandh condemning the gruesome sexual torture and rape of the Adivasi girl at Labhpur, Birbhum.  

The police have arrested them with charges under Sections 353, 143,341,332,422,506 of IPC, and Section 25 of the Arms Act. 3 false cases were filed against them by the police – all for incidents on the 27^th itself. 

The arrested are trade-union leaders of the tea workers of North Bengal. The four persons from the Adivasi community were arrested from a peaceful demonstration in support of the bandh. Different Adivasi organisations have strongly reacted against the ghastly incident of Labhpur, Birbhum and had decided to voice their dissent through the bandh. Many others have also expressed their solidarity in support of the bandh. They feel that this incident is against the culture of the Adivasi society and are concerned that this incident is being used to condemn their culture as a whole. They have demanded a proper probe into the incident and action thereof.  

It is clearly evident from the arrests and the false charges levied upon the above four at Nagrakata that the police and the administration have acted vindictively to stifle the voices of protest and dissent in the society. 

The following organisations demand:

• Immediate release of Kiran Kalindi, Baijnath Naik, Azad Ansari & Wilson Guria.

• Withdrawal of all false charges against the above.

• A fair and proper probe into the Labhpur incident.

• A proper trial and the punishment of the accused in the Labhpur incident.

Tarun Sanyal (Shilpi Sanskritik Karmi, Buddhjeebi Mancha)

Sunanda Sanyal (Democratic Citizen’s Forum)

Amitdyuti Kumar (Working President, Association for Protection of Democratic Rights)

Dilip Chakrabarty (Saptaha)

Sujato Bhadra (Manabadhikar Sanghati)

Miratun Nahar(individual, ex-member West Bengal State Women’s Commission)

Meher Engineer (individual)

Swapan Ganguly (Ashanghatit Khetra Shramik Sangrami Manch)

Dipak Roy (Terai Dooars Progressive Plantation Workers Union)

Loes Hosapurthi (Progressive Tea Workers Union)

Arun Pal & Debjit Dutta (NAPM)

Anuradha Talwar (Paschim Banga Khet Majoor Samity)

Somanth Ghosh (Hosiery Workers Unity Centre)

Murad Hossain (Hawkers Sangram Committee)

Choton Das (Bandimukti Committee)

Ashish Sengupta (All West Bengal Sales Representative Union)

Rabin Soren (Birbhum Adivasi Gaonta)

Gautam Bandopadhyay (Nadi Ghati Morcha, Chattisgarh)

Madhuri (Jagrut Adivasi Dalit Sangathana, Madhya Pradesh)

Pritwish Bose (Shramajeebi Samanway Committee)

Sajal Biswas (Service Doctors Forum)

Dr Swapan Jana (Health Services Association – HSA)

Shiladitya Mondal (Liquor Shop Employees Union)

Bela Adak (Paschim Banga Swarojgari o Radhuni Union)

Sushovan Dhar (IndianOil Petronas Contractors Shramik Union)

Bodhisatwa Ray (Haldia Dock Complex Contractors Shramik Union)

Uttam Burman (Paschim Banga Sericulture Workers Union)

Suktara Khatun (Paschim Banga Chatra Yuba Sangrami Mancha)

Pratip Nag (Sundarban Banadhikar Sangram Committee)

Namita Gayen (Sramajibi Mahila Samity)

Kunal Deb (Uthnau)

Dr. Debal Deb (Centre for Interdisciplinary Studies)

Satish Kar (Paschim Banga Telecom Tower (USO) Union)