CPI(ML) HOME Vol.12, No.40 29 Sept. - 05 Oct. 2009

The Weekly News Bulletin of the Communist Party of India (Marxist-Leninist)(Liberation)
U-90, Shakarpur, Delhi 110092. Tel: (91)11-22521067. Fax(91)11-22518248

 

In this Issue

Pricol Tragedy: Witch Hunt Must Stop, Justice Must Prevail

The tragic death of a senior management representative of auto part manufacturer Pricol in Coimbatore on September 22 has triggered a frenzied reaction from the Pricol management, the Tamil Nadu police and sections of the corporate media. Roy George, Vice President (Human Resources) of Pricol had reportedly suffered head injury in the course of talks with a group of workers on 21 September and succumbed the next afternoon in a city hospital.

The company describes the tragic end of its VP as ‘planned and premeditated murder’ and attributes it to a conspiracy hatched by the leadership of the fighting union of Pricol workers (Kovai Mavaata Pricol Employees’ Trade Union) as well as the central trade union (All India Central Council of Trade Unions) to which it is affiliated. The Coimbatore police have already arrested some thirty workers and a witch hunt is on against several other worker activists and their leaders including Comrade S Kumarasamy, President of AICCTU.

Newspapers and TV channels have all noted the similarity of the Coimbatore case with a similar incident that happened exactly a year ago in Greater Noida in which the local head of Italian firm Graziano Transmissioni was reportedly beaten to death by a group of sacked employees. A few incidents involving mill managers have also been witnessed occasionally in the jute mills in West Bengal notorious for huge PF defaults and most anarchic and arbitrary labour practices by the mill owners.

Yet instead of highlighting the common causal thread that runs through such cases – absence of industrial democracy and miserable working and living conditions of workers, to name perhaps the two most glaring causes – or helping us understand the incident in the context of the deep anxieties and uncertainties fuelled by the recession, most media reports have tended to join the corporate chorus defaming the organized trade union movement and calling for labour reforms to give still greater freedom to capital to dictate terms to labour. Some have even gone to the extent of demanding a ban on the AICCTU and CPI(ML).

The Pricol management has been notorious for its record of rampant violation of labour laws, court verdicts and government orders. Far from recognizing the union supported by the overwhelming majority of workers, it has constantly victimized workers for siding with a ‘Marxist-Leninist union’, hoping to break the union through coercion and intimidation. In recent months, in the name of facing the recession, it has resorted to harsh wage-cuts, robbing every worker of tens of thousands of rupees. On top of this, came the September 21 termination of 40-odd workers and the dam of workers’ patience burst asunder.

Even in the face of such a vindictive and arbitrary management, Pricol workers have actually been waging a protracted and patient battle exploring every legal avenue available for bringing the management to justice. From Madras High Court to Supreme Court to the floor of the Tamil Nadu State Assembly, the contention of the fighting workers has been upheld time and again and notice issued to the management for legal compliance. The tragic incident of September 21-22 should not blind us to this real history of Pricol workers’ struggle.

By launching a witch hunt against Pricol workers at the behest of the Pricol management, and framing the all-India leadership of a recognized trade union centre like AICCTU, the DMK government is now playing its bit to intensify the state-corporate assault on industrial democracy and basic trade union rights. While mourning the tragic death of Roy George, the trade union movement and the broader democratic opinion must resolutely resist this assault and stand by Pricol workers for fulfillment of their just demands. It is heartening to note that the Madras High Court Advocate Association has already adopted a resolution demanding removal of Comrade Kumarasami’s name from the FIR, adding to the growing voice of protest against the implication of worker leaders and indiscriminate arrest of workers.

Adieu to Comrade Ibn-ul Hasan Basru!  


With a heavy heart, we bid goodbye on 29.09.09 to Comrade Ibn-ul Hasan Basru, Central Committee member of the CPI(ML) and one of the leading lights of our party in Jharkhand. Comrade Basru, recently diagnosed with an advanced stage of cancer of the gall bladder, breathed his last at 1 pm on 29 September 09 at the All India Institute of Medical Sciences (AIIMS).

Comrade Basru was born in 1943 in Godda district of Jharkhand (then undivided Bihar). He received his schooling at Mirzaganj in Giridih, in the same school where his father taught Urdu.

In 1960, at the tender age of 17, he joined the Communist Party of India (CPI), soon becoming a leading element in the powerful anti-feudal peasant movement that was then ongoing.

Dissatisfied with the tailist politics of the CPI, he came closer to the CPI(ML), which was rising as a powerful force in Giridih. In 2002, he joined the CPI(ML), and in the 7th Party Congress of the CPI(ML) at Patna in November 2002, he was elected to Central Committee of the CPI(ML).

In the extremely challenging period following the martyrdom of Comrade Mahendra Singh, Comrade Basru shouldered a very crucial part of the responsibility, striving to achieve Comrade Mahendra Singh’s goal of achieving the party’s growth in Giridih.

A very modest and down-to-earth comrade, he easily integrated himself with the toiling poor. He epitomised the communist lifestyle; even with many economic and health travails faced by his family, he always relied on the people and dedicated himself to the party.

Comrades in Jharkhand know that till the very end, he remained quiet about his illness, playing a leading role in the recent militant struggle against irregularities in implementation of NREGA in Jamua.  

Remembering him, a senior journalist from Giridih said that Comrade Basru could educate intellectuals about the character of the economic recession – in words so simple that any common person could easily grasp. In the few weeks he was in Delhi, comrades in Delhi who met him were struck by the involvement with which he could recount the historic development of mining in India, and the struggles of miners of coal and mica in Jharkhand. He took a lively interest in every struggle or initiative being taken in Delhi during the time he was there.

Comrades involved in his care remarked on his fortitude in the face of pain. Even in his last hours, he remained concerned about his family members and comrades, inspiring them with his patience and courage.

Our thoughts are with his bereaved family in their hour of loss.

Comrade Basru – your simplicity, your courage, your communist spirit and dedication will continue to inspire comrades!

Red Salute to Comrade Ibn-ul Hasan Basru !

The Pricol tragedy cannot and must not be allowed to be utilized as a corporate handle to coerce workers and suppress the voice of justice.

What is Happening in Pricol?
An Appeal by AICCTU

The unfortunate death of the Vice President of the Human Resources Development Department of Pricol Ltd is regrettable indeed. Coming one year after the Graziano incident in Greater Noida in which the local head of an Italian firm had reportedly been beaten to death by sacked employees, it has evoked a lot of passionate comments and demands from the corporate world. Even as workers are being arrested in large numbers and leaders are being framed, employers are demanding a ban on trade union struggles and sections of the corporate media are advocating labour reforms to give a completely free hand to employers.

A single day’s tragic incident is now being deliberately sought to be used to prejudice public opinion against the Pricol workers and suppress the truth of the nearly one thousand days of their united and determined struggle. Among other basic things, a key demand of Pricol workers has been for the recognition of their unions which enjoy the support of the overwhelming majority of workers while the management has been constantly pressurizing workers to withdraw from the road of struggle and sever ties with the ‘Marxist-Leninist’/‘Maoist’ leadership.

In this long struggle of Pricol workers, the government of Tamil Nadu has repeatedly censured the Pricol management. The state government has issued three advices, passed one government order (GO) prohibiting the continuance of lockout, passed three GOs ordering references, passed two orders under section 10B of the Industrial Disputes Act (ID Act) 1947.

On 29th of July 2009 the state Labour Minister, while replying to a calling attention motion moved on the floor of the assembly by AIADMK, PMK, Congress, CPI, CPI(M), catalogued the various unfair labour practices indulged in by Pricol Ltd, and stated that the workers had given up their indefinite fast which had been continuing for the 15th day as their demands were accepted by the government.  He further assured that the government would not let the workers down.

Have things completely changed in a few months and more particularly on a single day with the unfortunate death of an executive? In the heat and passion generated by this tragic incident, can we allow rational reasoning to become a casualty?
 
Mr. George's Unfortunate Death was Neither Preplanned Nor the Result of Conspiracy

Comrade Kumarasami addressed the general body meeting and one office bearers' meeting on 19 and 20 September 2009.  As a practising labour lawyer in the Madras High Court for nearly three decades and AICCTU's national and state president, he is fighting all the Pricol cases in Madras High Court as well as the Supreme Court. Going to Coimbatore basically to reassure the workers not to worry about the delay, as the Pricol case would be coming up for hearing on the 29th of September before the Madras High Court,  he categorically cautioned the workers not to get provoked by any vindictive action of the management. He also proposed a padayatra from Coimbatore to Chennai to highlight the demand for a trade union recognition Act and several other burning issues of the toiling people. It was also planned to celebrate the 1000th day of the struggle to counter the frustration being caused by the delay in legal struggles and the recalcitrant attitude of the management.

Can by any stretch of imagination these proposals to impart a stronger mass political dimension to the protracted struggle of Pricol workers be construed to be part of any conspiracy, ‘Maoist’ or otherwise? 

In this connection it would not be out of place to remember that just the other day, Naresh Goyal of Jet Airways called his pilots who formed a union 'terrorists'.  And he withdrew the terrorist label and embraced them as prodigal sons as soon as they returned to work, leaving aside the issue of union for the time being.

It Will Be Better If the TN Police Consults the TN Labour Department on Pricol Ltd:

Pricol’s track record in the arena of industrial relations has been notorious. Rampant violation of labour laws, court verdicts and government orders has been the trademark of the Pricol management.
 

  • There are vindictive transfers.
  • There is refusal to engage in collective bargaining in good faith with the majority union.
  • There are illegal partial lockouts.
  • There are break-in-service orders.
  • There are stoppages of increments.
  • More than 1000 employees are terminated.
  • There is illegal deduction of wages and incentives running into crores of rupees.
  • The management has promised to pay all these withheld dues if the workers leave the unions.
  • There is employment of apprentices and contract labour contrary to certified standing orders and the Contract Labour (Abolition and Regulation) Act, 1970.
  • Now there is the recent dismissal of 44 workers without any domestic enquiry. 

In almost all these issues the state government has intervened under sections 10 (1), 10(3) and 10 B of the ID act 1947.

In fact Comrade Kumarasami was trying to get the Labour Minister convene a meeting at the earliest to resolve the simmering discontent and this fact is known to the Labour Department.

The management does not want Comrade Kumarasami to defend the Pricol workers in the High Court as well as the Supreme Court on the 29th of September and other subsequent dates. This is the main reason for implicating Comrade Kumarasami, the national president of a centrally recognised trade union. 

Respect Industrial Democracy, Stop Witch Hunt Against Pricol Workers
If lawyers and TU leaders who defend and guide the workers are framed in conspiracy cases as during British days, the government will only be sending a loud message: “No healthy, strong collective bargaining will be allowed. Industrial relations are back to the pre-1926 colonial days."

Should we allow the unfortunate death of Mr. George to be turned into a weapon for witch-hunt of workers and suppression of trade union rights – instead of treating it as a poignant issue for remedial action? Let the unfortunate incident motivate all parties to take remedial measures that will
help resolve the real underlying issues.

With the Trade Unions Act coming into force from 1926, the country had gradually moved away from lawlessness to the rule of law by instituting a system of collective bargaining.  If employers like Pricol Ltd. are allowed to violate the law and make use of an unfortunate death to go in for a witch-hunt, implicating leaders in false cases, and suppressing basic trade union rights, will that not be only sending out the message that there is no place for laws and effective trade unions in independent India in the days of globalisation?

TN government and central government should not act on the basis of one-sided corporate hue and cry. TN government should come to the aid of Pricol workers, their families and their leaders, as it has promised on the floor of the assembly.  We appeal to all trade unions and progressive and democratic sections of society who believe in the dignity of labour and rights of workers to support the struggle of Pricol workers and express solidarity by calling upon the TN government to stop the ongoing witch hunt and force the arbitrary Pricol management to respect industrial democracy and implement government orders.

Sd/- Swapan Mukherjee, All India General Secretary, AICCTU

Sd/- V Shankar, All India Vice President, AICCTU

CPI(ML) Statement on Arrest of PCPA Leader Chhatradhar Mahato

The arrest of Chhatradhar Mahato, leader of the People’s Committee against Police Atrocities (PCPA) at Lalgarh, West Bengal, and his being booked under the draconian Unlawful Activities (Prevention) Act (UAPA), is an assault on democracy.
The main issues and demands raised by the PCPA have been apology by and punishment for the police officials responsible for the brutal assaults on innocent adivasi people during police raids in November 2008. An enquiry by the West Bengal Government has established the complaints of assault (especially on adivasi women) to be true, but has refused the basic democratic demands of apology and punishment for the guilty police personnel. The issues raised by the PCPA and Chhatradhar Mahato are basic issues of democracy, and any attempt to equate such with ‘extremism’ or ‘unlawful activity’ will face resistance and condemnation by all those who cherish democratic values.     
The manner of his arrest (i.e, police masquerading as journalists) is also highly questionable and condemnable. Not only is this a violation of the norms that are supposed to govern arrests, it also amounts to a defamation of the institution of the press. Such a shameful act on part of the police will sow seeds of distrust between democratic movements and democratic opinion and the press which is one of the pillars of democracy.  

Both the CPI(M)-led Government of West Bengal as well as the Central Government in which both the Congress as well as Ms. Mamata Banerjee are allies, must answer to the people of the country for this latest offensive on democratic rights.

AICCTU Fact-Finding Team Investigates BALCO Mishap

Following the mishap in BALCO at Korba, Chhatisgarh, on 23 September, an AICCTU team visited BALCO on 24-25 September, to meet with injured workers and other workers who witnessed the mishap. The fact-finding team comprised of AICCTU leaders – Brijendra Tiwari from Bhilai, Pradeep Jha from Bihar and Devdip Singh Divakar from Jharkhand, as well as BALCO worker Abhishek.

The team was informed that the accident took place at 3.45 pm on 23 September, when a 27 m high chimney collapsed totally. The place was engulfed in darkness following the accident. While BALCO workers and employees began relief work, the management and contractors were nowhere on the scene.

50 workers (mostly migrants) died in the accident, while it is likely that some 150-200 more workers might lie buried underneath the rubble, which is yet to be cleared. The team found that the chimney was being constructed hastily. 70 workers were working on the chimney itself, while many workers had sheltered in the canteen and office directly beneath the chimney, due to rains. One engineer working on the chimney had apparently raised questions about violations of safety norms, but he had been shunted aside. Another chimney next to the one that collapsed is also in danger now since the ground balance has been disturbed due to the accident. After the accident, contractors are urging workers to return to their home states. Half the workers are yet to be paid their salary for the month of August. Examination of the rubble reveals that sub-standard materials were being used. 

The team concluded that industrial accidents have grown thanks to rampant contractualisation and privatisation. Violation of safety norms and violation of labour laws go hand in hand – and governments and administration tend to be in collusion with these violations.            

The team demands:

  • A high-level enquiry into the accident
  • Murder charges against BALCO management and contractors
  • Rs. 10 lakh each compensation as well as jobs to the dependents of workers who were killed
  • Best medical treatment and rehabilitation to the injured workers
  • An end to contractualisation and punishment for violators of safety and labour laws
  • Nationalisation of BALCO
  • Immediate redressal of all workers’ complaints     

AIPWA Gherao of DM office at Ghazipur

On 23 September, around 700 women under the banner of AIPWA held a militant gherao of the DN office at Ghazipur against drought, price rise and starvation deaths. The women held a march through Ghazipur town and reached the DM office. When officials fled and no one turned up to hear them out even after they conducted a demonstration and protest meeting at neighbouring Comrade Sarju Pande Park for quite a while, they began to march towards the DM’s residence. When police barricaded them, they blockaded the road until the Collector and SDM were forced to come and accept their charter of demands addressed to the DM, and assured them that the demands would be met.

Edited, published and printed by S. Bhattacharya for CPI(ML) Liberation from U-90, Shakarpur, Delhi-92; printed at Bol Publication, R-18/2, Ramesh Park, Laxmi Nagar, Delhi-92; Phone:22521067; fax: 22518248, e-mail: mlupdate@cpiml.org, website: www.cpiml.org
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