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This National Convention of Workers being held under the banner of joint platform of all the Central Trade Unions of the country along with independent national federations/organizations from all the sectors and service establishments expresses deep concern at the unilateral move to amend the labour laws by a number of state governments and by the Central Govt. Most of the amendments sought to be done will have serious negative impact on the working conditions including trade union rights of the workers and the employees. It is unfortunate that in spite of the assurance given by the Labour Minister that Central Trade Unions will be consulted, these amendments in labour laws are being pushed through without any consultations with them.  

The amendments passed by Rajasthan Assembly on 31st July, 2014 in Industrial Disputes Act, Factories Act, Contract Labour (Regulation & Abolition) Act and Apprenticeship Act will make hire and fire much easier for the employers and will result in rampant casualisation of employment. Liberalising the provisions of Factories Act will imperil the safety at work place in small and medium scale enterprises and will push majority of factories out of its coverage. Similarly raising the threshold employment ceiling of 20 to 50 workers for registration of contractors will enable the principal employer and contractor to become unaccountable for service conditions of the workers in a large number of enterprises. It is unfortunate that the Govt. being model employer deploys the largest number of contract workers and thereby depriving them of the security of job, wage and social security benefits.

The Amendment Bills already introduced in Parliament by the Central Govt on Factories Act, Labour Laws (Exemption from Furnishing Returns and Maintaining Registers for certain Establishments) Act and Apprentices Act are also designed to bring about such changes which will adversely affect the service conditions of the workers throwing overwhelming majority of them out of the coverage of all basic labour laws. The Factories Act Amendment Bill introduced in Lok Sabha on 7th August 2014 further liberalises the coverage of factories under the Act as amendment proposed in definition of factories (Section 2m) authorizes States to fix number of workers for coverage under the Act. This will legitimize amendment already passed by Rajasthan Assembly on 31st July, 2014. The Central Govt. is also considering amendments in Minimum Wages Act and Industrial Disputes Act. The amendment to Apprenticeship Act will pave the way for replacement of the contract/casual/ temporary workers and even regular workers by comparatively low paid apprentices. Moreover, these amendments will straightway empower and encourage the state governments to bring about pro-employer changes in labour laws as per the Rajasthan model. The process of amendments in labour laws is also aimed to do away with tripartite consultation mechanism.

In essence, all moves of amendments in the labour laws, both by the central government and by the Govt in Rajasthan are aimed at empowering the employers to retrench/layoff workers or declare closure/shut down at will and also resort to mass scale contractorisation. These are also designed to push out more than seventy per cent of the industrial and service establishments in the country and their workers out of the purview of almost all labour laws, thereby allowing the employers a free hand to further squeeze and exploit the workers. The Convention also expressed dismay over the Govt's total inaction in implementing the consensus recommendations of 43rd, 44th and 45th Indian Labour Conferences on formulation of minimum wages, same wage and benefits as regular workers for the contract workers and granting status of workers with attendant benefits to those employed in various central govt schemes. It is also noted with utter dismay that the present government is also continuing to ignore the ten point demands of entire trade union movement pertaining to concrete action to be taken for containing price-rise and aggravating unemployment situation, for strict implementation of labour laws, halting mass scale unlawful contractorisation, ensuring minimum wages for all of not less than Rs 15000 per month and universal social security benefits and pension for all including the unorganized sector workers etc. the demands also include compulsory registration of Trade Unions within 45 days and ratification of ILO Conventions 87 and 98. The National Convention also denounced the retrograde move of the Govt in hiking/allowing FDI in Defence sector, Insurance, Railways and other sectors and also its aggressive move for disinvestment in PSUs including financial sector which will be detrimental to the interests of the national economy, national security as well as mass of the common people.

The Convention demands upon the Rajasthan Govt. to reverse the enacted amendments to' the labour laws and urge upon the Central Govt. to desist from its unilateral move to amend labour laws and consult and honour the views of Central Trade Unions on the issue. The Convention also demands immediate steps to implement the consensus recommendations of successive Indian Labour Conferences and also positive response to long pending ten-point demands of the entire trade union movement of the country. The Convention urges the Central Govt to desist from mindless drive to liberalise FDI in

defence, insurance, Railways etc and instead reverse the direction of the ongoing economic policy regime which has landed the entire national economy in distress and decline affecting the working people most. 

The Convention calls upon all the trade unions, federations across the sector to widen and consolidate the unity at the grass-root level and prepare for countrywide united movement to halt and resist the brazen anti-worker and anti-people policles of the Govt and in preparation to the same undertakes unanimously the following programmes: 

1. State level joint conventions during September-October; wherever possible initiative may be taken to hold district-level and industry-level joint conventions

2. National Protest Day 5.12.2014 through massive joint demonstration in all state capitals. At Delhi Joint demonstration of workers from the neighbouring states will be held. 

The National Convention calls upon the trade unions and working people irrespective of affiliations to unite and make the above programme a massive success paving way for countrywide united struggle to resist the onslaught on the life and livelihood of working people through out the country.

Third October, the Foundation Day of World Federation of Trade Unions (WFTU) is observed every year as International Day of Action. This year, WFTU gave the call to observe International Day of Action focussing on the slogan ‘Fighting against Unemployment; For Dignified Work’. WFTU termed unemployment as the ‘biggest, most dangerous problem for the international working class in the whole capitalist world’.

As per the call of WFTU, International Day of Action was observed all over the world, in scores of countries in all the continents. The Central activity was of WFTU was held in Palmela in Portugal where George Mavrikos, general secretary of WFTU addressed a conference. In Greece, where youth unemployment has crossed 50%, the WFTU affiliated trade union PAME has organised protest demonstrations, picketing etc outside the Ministry of Finance and the local employment offices as well as mass demonstrations in 54 cities all around the country. In South Africa the health workers’ union NEHAWU organised a massive demonstration outside the South African parliament as well as in all the provinces of South Africa. In Asia, in addition to India, demonstrations were organised in Pakistan, Bangladesh, Nepal, Malaysia and other countries. International Action Day was also observed in several countries in Latin America including Brazil, Chile, Peru, in Palestine, Lebanon, Egypt etc in the Middle East.

Despite 3rd October falling on Vijaya Dasami an important festival in India and amidst holidays, the Action Day was observed all over the country with impressive participation of not only workers and employees but other sections of the society as well, like students, youth and peasants.

In the national capital Delhi, the Left trade unions affiliated to WFTU organised a procession that started from the headquarters of AITUC and culminated in a meeting in the auditorium of BT Ranadive Bhawan, the headquarters of CITU, in which workers from CITU, AITUC, AIUTUC, AICCTU and UTUC participated. Leaders and members of WFTU affiliated unions in the insurance, banks, telecom, central government etc sectors also participated in the programme.

The meeting was presided over by Hemalata, secretary, CITU, Amarjeet Kaur, secretary, AITUC, Harish Tyagi, secretary, AIUTUC, VKS Gautam from AICCTU and Shatrujeet Singh from UTUC. AK Padmanabhan, president of CITU, GL Dhar, secretary, AITUC, RK Sharma, secretary, AIUTUC, Santosh Rai, secretary, AICCTU and RS Dagar from UTUC addressed the gathering.

AK Padmanabhan underlined the importance of the call given by the presidential council of WFTU to focus on unemployment and dignified employment. He said that in the capitalist system employers utilise the unemployed as a ‘reserve army’ to curtail the bargaining strength of the workers. The new government at the centre led by the BJP was going ahead with the same neoliberal agenda as the erstwhile Congress led government but with renewed vigour. All the central trade unions have already announced their intention to fight against the attacks on the rights of the workers. Curtailing unemployment through policies that create jobs is one of the demands of the central trade unions. He emphasised the need to expose the policies and the system that promotes unemployment and precarious employment and mobilise the workers to fight against such system. This should not be a one day affair but a continuous process of taking the message to the grass root level workers.

Reports received till now from different parts of the country show that the Day of Action was observed all over the country including in Assam, Tripura, Kerala, Punjab and West Bengal etc with effective preparations and mobilisations.

Kerala state committee of CITU made detailed preparations for effective observance of International Action Day on 3rd October, the foundation day of WFTU. As per the call of WFTU, the different programmes that took place in all the 14 districts in the states highlighted the slogan ‘Fighting against Unemployment; For Dignified Work’.

Processions and public meetings were held in 8 districts, not only at the district headquarters but also in more than 25 different centres. Seminars, meetings and other programmes were held in the other districts. More than 43000 posters, leaflets, badges, flexi boards etc were printed, distributed and displayed all over the state. Around 23000 people, most of them workers but also students, youth and peasants participated in these programmes. In one city, Kozhikode, around 5000 workers participated in the rally.

In all the districts, CITU took the initiative for effective observance of the International Day of Action. In some districts AITUC also joined while in some others all the Left trade unions and other fraternal trade union organisations of teachers, bank and insurance employees and the organisations of students, youth and peasants also participated.

In Tripura, International Day of Action was observed on 3rd October with hundreds of members of CITU and other mass organisations participating in the demonstrations and meetings held all over the state.

The Kolkata district committee of CITU organised a meeting on 4th October in Krishnapada Ghosh Memorial Trust hall, in which workers from different industries participated. A meeting of leading cadres of CITU was also held by the Howrah district committee of CITU on 5th October.

Demonstrations and dharnas were organised all over the state on 3rd October to observe International Day of Action in Punjab. Despite the day being a holiday, large number of employees, workers and unemployed trained teachers, pharmacists, and youth participated in the demonstrations. An impressive rally was organised in Ludhiana during which the protesters burnt the effigies of the state and central governments. Rallies were also organised in Mansa, Armitsar and other district headquarters in the state.

In Telangana, a joint meeting of CITU, AITUC and AIUTUC was held on 7th October. In addition to these central trade unions, the leaders of bank, insurance, central government employees and students’ and youth organisations also participated in the meeting.

Several other state committees of CITU have planned seminars, hall meetings, conventions etc as part of the observance of the Action Day against unemployment on different days in the first part of October.

Thursday, 02 October 2014 00:00

Workers Against Unemployment

      1. International Day of Action – 3rd October

        World Federation of Trade Unions (WFTU), the only class oriented International Trade Union, has called upon the working people to observe its foundation day – 3rd October – as the International Day of Action. This year the call is to observe the day as a Day of struggle against unemployment.

        The slogans for the observance of the day, as finalized by the Presidential Council, in its meeting in Rome, in February 2014, are of crucial importance to every workers, in different parts of the world. “Fighting against unemployment and for dignified work, demanding protective measures for unemployed and also for permanent and stable work”. These slogans being raised in the present day situation of the world of work demands total involvement of the working people to make it people’s demand.

        Unemployment and under employment continues to be one of the most crucial issues confronting every section of working people – For those who are already employed and for those who are in search of a job.

        International Labour Organisation in its World of Work report 2014, pointed out that over the next five years, there will be an estimated 213 million new labour market entrants – 200 million in developed countries alone. The same report also underlines the critical aspect of youth unemployment as a serious offshoot of the crisis.

        As is well known, capitalist system exists on the basis of keeping a large chunk of job seekers as unemployed. With the crisis that broke open in 2007-08, situation has become grim. In every part of the world, unemployment has become the most serious issue confronting the society.

        As the General Secretary of WFTU, George Mavrikose pointed out in his report to the 16th Congress of WFTU - “the capitalist financial crisis, which unfolded in all developed capitalist countries has dramatically worsened the situation for the working class in all aspects of lives.” In his report to the Presidential Council in Rome, General Secretary noted that “Capitalism is condemning millions of workers to unemployment, poverty. The system is unable to meet even the basic needs of the people”.

        In the developed world

        Europe, which generally is bracketed with the developed world is witnessing massive protest actions against the policies of the ruling class. Unemployment continues to be a major issue. Unemployment figures, especially youth unemployment, are shooting up. It is 57% in Greece, 54 in Spain, 43.3 in Italy and 36.1 in Portugal. In the 34 countries coming under OECD (Organization for Economic Co-operation and Development) there were 10.7 million unemployed youth in April this year. This is about 25% of the total unemployed in those countries, i.e. about 45 million registered unemployed are there in those 34 countries!

        This is how an Indian Financial Daily very recently noted on the situation in Europe – “In much of the Euro zone, the toxic combination of high public debt (it is over 100 percent in large parts of the region) and high unemployment persists”. They are sure that “there is little doubt that the euro zone is not emphatically out of crisis”. And so, the toxic situation prevails!

        Identical situation exists in USA. In an article published in Washington Post on 1st September in connection with the Labour Day in US, it is noted that “ever since the 2008-09 financial crisis, job market has been in a state of heart breaking weakness”. The article itself was titled “Workers at the mercy of Markets”. It quoted a poll by Gallup which said, “19 percent of workers still fear of being laid off”. Read with this, another report which said 62 per cent of Americans judged jobs `difficult to find’. A report by news agency Reuters on 5th September says that US job growth in August 2014 is weakest in 8 months.

        On the quality of jobs in USA, a report in Economic Times dated 8th September 2014 noted that unemployment rate has `fallen’ to 6.2% “but the experts are wary of the strength of US economy”. It noted that “participation rate of US labour has fallen to 62.9%, the lowest figure since 1980. The participation rate shows the share of working age population either employed or seeking job. The chief reason assigned to the drop of participation rate is lots of people who are jobless for 3-4 years have stopped searching jobs! A drop of work force saps the largest economy of the world of manpower needed to boost economic expansion”. In simple terms it means that in addition to those working and those searching for a job there are huge number of men and women who have stopped searching for a job, as it is “difficult to find”!

        Freelance Workers

        Here, we are not going into the problems of those who are working. Washington Post in an article on 1st September said that `Since late 2009, hourly earnings have risen at an annual rate of about 2 per cent, but when corrected to inflation, wage increase vanish’. They also say that `bargaining power has shifted to employers. With jobs scarce, workers just take what they get’. Washington Post also notes – “Companies have controlled costs through lay-off, skimpy wage increases and greater reliance on independent contractors, which often pay less and provide fewer fringe benefits’. American `experts’ have now started writing about freelance workers! – A worker who has no job security, no statutory benefits and who will work whenever, wherever he or she gets a job. A really free person at the mercy of the free market – the, liberated freelance worker’.

        Though all the above said are about the situation in USA, this applies to almost all countries under the capitalist system to-day.

        India to-day

        The census report of 2011, details of which were released in July 2014, says that the unemployment rate in the 25-29 age group was nearly 18 per cent and more than 20 per cent of Indians in the 15-24 age group were jobless and seeking work. Times of India on 2nd July 2014 reported that “the army of unemployed youth is staggeringly huge – around 4.7 crores of which 2.6 crore were men and 2.1 crore women”.

        Over all unemployment rate among the working age population in 15-59 age group was according to Times of India “a worrisome 14.5 per cent, including marginal workers seeking work. In the 25-29 age group, the unemployment rate was nearly 18 per cent. Even among those in 30-34 age group, nearly 6 per cent were unemployed, number over 1.2 crore”.

        As per reports, unemployment rate among the socially oppressed sections likes Dalits and Adivasis was higher with 18 per cent among Dalits and 19 per cent among adivasis in 15-59 age group.

        Lack of any worth mentioning Social Security Scheme in our country is exposed again when the Census report mentions that 18.5 lakhs persons of age over 80 years are still working and another 6.5 lakh octogenarians eke out a living as ill paid marginal workers.

        In absolute terms, 46.9 million of India’s youth, of whom much is being discussed nowadays, as demographic dividend to the country, were in search of jobs in 2011 compared with 33.5 million in 2001. This 46.9 million works out to 20 per cent of our youth population!

        Govt. and the unemployed

        As far as the Govt. of India is concerned, the only effort on job guarantee was on rural employment with the Mahatma Gandhi National Rural Employment Act (MGNREGA). This was confined to `guaranteeing’ – a misnomer in practice – 100 days of work in rural areas. After almost a decade, the data shows that barely 9% house holds allotted work under the scheme have got work for 100 days! Now, the Modi Govt is after the scheme, by reducing the fund and trying to dilute the scheme in various methods. This so-called flagship scheme itself is facing serious threat.

        Vulnerable employment

        World of work report 2014 from ILO says that `more than half the workforce in developing world numbering 1.45 billion are in vulnerable employment and this presents a formidable challenge’.
        It is well known that the same is the situation in India, where the huge majority of workers are without a guaranteed income, social protection etc putting the future of the young generation in jeopardy. The latest NSSO (National Sample Survey Organization) report says that “68.8 per cent of workers across India in 2011-12, neither had a job contract or were eligible for paid leave, compared to 63 per cent in 2004-05”. The report also point out that “95 per cent of casual labourers are without any job contract”. This makes it clear that these workers, who are involved in asset building for the country, did not even exist in any records so as to get at least some statutory benefits!

        These facts are again confirmed by the World Bank’s World Development report 2014, which shows that “during 2001-10, people with a regular wage and salaries were only 17% of India’s total employed population”. World Bank also says that the so-called high growth years following 1990s “have failed to create jobs”.

        Planning Commission

        Recent analysis on the employment scene in India point out to the facts that even among professional people unemployment is increasing. Planning Commission, which will soon be extinct had said – “India needs to create 1 to 1.5 crore jobs per year for the next decade to provide gainful employment to its young population”. The Commission has also noted –“Large Indian business – both in the Public and Private Sector – have not generated significant employment in the past few decades and are unlikely to do so in the coming decade or two”. The Commission also noted that `Public Sector and Govt. employment has declined in the past few years’ and `large private sector firms have also been slow in generating employment which is unlikely to change due to increase in automation, digitalization and productivity gains!’

        Magic Wand!

        So, it is a vicious circle – no jobs and even and if there are we get only vulnerable jobs. And all the gains of productivity and profit to go to the corporates. It is in such a situation, World Bank, International investors and the Indian ruling class have found out that the only magic wand to increase employment is the labour reforms – immediately amending labour laws to take away almost 90% of the existing workers out of purview of labour legislations! Our Labour Minister told the Indian parliament recently that “World Bank suggested simplification and modernization of labour laws to encourage higher productivity and employment generation in India”.

        It is in this situation Indian workers should be shoulder to shoulder with the unemployed youth and also join their brothers and sisters all over the world, demanding employment and security of jobs.

        The demands raised by WFTU are demands of the huge majority of the world population. But, the efforts of attaining these demands will raise many questions about how and why of the present social set-up.

        Comrade B.T. Ranadive, founder President CITU, reminded us – “It is the law of the capitalist society that unemployment must increase, that there must be an army at the disposal of capitalists to keep down the wages of workers when the need for more labourers arises. In the competition all capitalists try to surpass their rivals to economise labour, use less labour and these lead to increased unemployment”.

        It is not the observance of a day or a protest week that is going to make a change. These issues need to be constantly taken up and people mobilized in support of the demand for job for all and make the right to work a fundamental right.

        Considering the basic character of capitalist state, this struggle for right to work and jobs for all has to be taken up as a struggle against the policies of the Govt. to be developed into a struggle for a change in the social set up!

        The mobilizations on 3rd October should reflect the reality of our arduous task before the Indian Working Class.

 - A.K. Padmanabhan

Friday, 29 August 2014 10:01

SC judgment on Coal Scam

26TH August 2014

       

CORRUPTION IN-BUILT IN NEOLIBERALISM STANDS VINDICATED

The Centre of Indian Trade Unions (CITU) welcomes the Supreme Court’s observation in declaring all coal-block allocations for captive use since 1993 illegal on ground of gross lack of transparency and fairness, exercise of arbitrariness and violation of guidelines causing huge loss to public exchequer as well as to the consumers both in industry and the common people.  In fact such irregularities and corruption being indulged since 1993 in coal-block allocations for captive use under almost all successive central governments since then vindicate the inbuilt corruption-prone character of the neoliberal policy trajectory; in fact, the legislation amending and/or diluting the Coal Mines Nationalisation Act to permit such allocation of coal blocks to specific industry for captive use has been proved to be self-defeating and opened the floodgate of rampant exercise of unfair arbitrariness and discretion in such allocations particularly to private sector giving rise to such huge scam. None of governments in the centre since 1993 can wash-off their hands from the responsibility of such scam and irregularities.

It should also be noted that out of 200 plus coal blocks allocated for captive use since 1993, hardly 30 blocks could be brought under operation during these long 21 years, which also comprehensively proved the total inefficacy and impracticability of the very scheme of such allocations for captive purpose, thereby warranting scrapping of the concerned enabling legislation.

Supreme Court will be considering the consequences of cancellation of coal block allocations for captive use because of the irregularities/illegalities involved, on September 1, 2014 as reported by the press.

In this context, CITU is of the considered and firm opinion that the allocated coal blocks should come back to Coal India Ltd, and Coal India should be empowered and strengthened with adequate financial, operational and functional autonomy to act as an only nodal agency to develop, mine, produce and deliver coal both to industries and the common people. CITU demands upon the Govt of India to ensure return of all the coal blocks to Coal India Ltd for further development, mining and production operation besides taking concrete steps to bring those responsible for the coal-gate scam and irregularities to book.

Issued by,


(TAPAN SEN)
General Secretary

29th August 2014

Dear Shri Ananth Kumar ji,

I request your urgent intervention in bringing about effective corrective action to the gross perversion created in the market of the essential and life savings drugs severely affecting the right to access to those essential and life saving drugs at affordable price for the mass of the common populace through the Drug Prices Control Order, 2013(DPCO, 2013),  introduced by the previous government. The DPCO 2013 brought 387 odd drugs under the price-control regime but simultaneously the basis of stipulation of the ceiling price was changed from the cost-based approach prevalent earlier to market-based average price regime thereby rendering the price-control meaningless rather deceptive. Moreover the manner, drugs have been listed under DPCO suffered from serious inadequacies in terms of coverage of the actual medicinal necessities/usage by the common people, defeating the very purpose of price-control of essential and life saving drugs for the benefit of common people. Therefore, the DPCO, 2013 needs a thorough overhauling both in respect of enlisting the essential drugs ensuring full coverage of the drugs needed and used as essential and life-saving and also in respect of basis of stipulation of celing price to be made on a cost-based approach.

The basic issues involved may be presented as following:    
1.     The previous UPA-II Govt. introduced a Drug Prices Control Order(DPCO), 2013 following direction of the Supreme Court. But Supreme Court never directed a switch-over from cost-based pricing to market-based average pricing for drugs listed in the control order.
2.    But the order departed from the policy so far followed  to determine ceiling prices of medicines from cost based regime to market based regime which is average of prices of brands of a particular medicine of all the brands sharing one per cent and above of the total sale. This resulted in increase in the prices of essential drugs, both within and outside control on the one hand and also phenomenal increase in the profit of the already high-profit-minting drug barons. Is that the purpose of the Drug Prices Control Order, 2013?
3.    This departure is unwarranted since nowhere in the world,  price control measures of medicines have been determined on the market based prices only.
4.    The National Pharmaceutical Pricing Authority (NPPA) was given the task of determining the ceiling price of all the medicines given in the National List of Essential Medicines (NLEM) prepared in 2011.
5.    The UPA-II Govt. took decision of changing to market based pricing in their National Pharmaceutical policy, 2012 when amidst the cost based pricing system itself, the pharmaceutical industry had been earning large amount of profit and was growing by 15% annually. The decision was more to promote the profit of the drug-barons, both domestic and foreign, than giving relief to people in respect of their health-care needs.
6.    Moreover, drugs listed under DPCO, 2013  had covered only about 18% of the existing market of essential and life saving drugs, thereby leaving 82% of the drugs of regular necessity to Indian people out of any price-control.  According to NPPA’s calculation this became further less to 15% in the year 2013-14.
7.    As per NPPA’s own recorded observation, DPCO, 2013 covers very little in the important as well as regularly availed/used therapeutic segments like-antidiabetics (14%);antimalarials (12%); anti-infectives (37%); anti-TB (19%); blood related (01 %); cardiac (29 %);derma (10%);
gastrointestinal (15%); gynaec (14%); hepatoprotectives (00%); HIV/ AIDS related (27 %); hormones (44%); neuro/ CNS (18%); opthal/ otologicals (06%)/01%); ;pain/analgesics (10%); respiratory (06%); stomatologicals (00%); vitamins/ minerals/ nutrients (01%); vaccines (32%)
8.    This shows that the so called price control through DPCO, 2013 ultimately turned out to be a deception of common people, in reality, generous relief has been provided to the already high profit earning pharmaceutical companies including the multinational companies fleecing the mass of the common people, sometimes forcing them sell everything including themselves to survive from various ailments thrust upon them both by the society, environment and the nature.
 
You will definitely appreciate, such a situation must not continue and urgent measures are required to correct perversion created in the pricing of essential and life-saving drugs by DPCO, 2013. The pricing regime for the purpose of price control must be brought back to the cost-based regime and the list of drugs under control need to be thoroughly overhauled to include all drugs of essential necessity from all therapeutic segments. All the stakeholders including the consumers and the trade unions in the concerned sector should be consulted for the purpose.   

I request you to please appreciate the gravity of the issue and do the needful  in due consideration of the observations and suggestions given hereinabove.

With regards,
Yours sincerely,

( TAPAN SEN )
Shri Ananth Kumar
Minister for Chemicals and Fertilisers
Govt of India
Shastri Bhawan
New Delhi

Wednesday, 20 August 2014 15:02

Illegitimate drawal of natural gas

Tapan Sen MP writes to Petroleum Minister regarding complain of ONGC about illegitimate drawal of natural gas worth thousands of crores of rupees from the ONGC's block in KG basin by Reliance Industries Ltd
20th August 2014
 
Dear Shri Dharmendra Pradhan ji,
 
I like to draw your pointed attention to the shocking news-item published in Hindustan Times (Delhi edition) dated 19th August 2014 that the Ministry of Petroleum & Natural Gas, Govt of India (MoP&NG) has, in an affidavit filed in Delhi High Court, pleaded for rejecting the petition filed by its own Maharatna Company, ONGC complaining illegitimate drawal of natural gas worth thousands of crores of rupees from the ONGC's block in KG basin by Reliance Industries Ltd(RIL) through its well located adjoining to block of ONGC, terming the complaint of ONGC as "frivolous."
 
ONGC is one of the pioneer institutions in the country in exploration of gas and oil and their complaints must be based on their techno-geophysical findings. My simple query is that on what basis the MoP&NG did conclusively arrive at the conclusion that ONGC's complaint is "frivolous allegation"? Does such conclusion have requisite support of similar techno-geophysical examination? if so by which agency?
 
Ministry's observations that ONGC "woke up from slumber only in July 2013" or ONGC "was never vigilant and mindful of its rights' are not wholly correct. In fact, geological and geophysical data of all the relevant blocks KG-DWN-98/3, and G-4 Godavari and KG-DWN-98/2 blocks are being regularly supplied and appraised to the Ministry and the DGH since long, Even if we assume for arguments' sake, ONGC delayed in making such complaints or it remained negligent or was not alert enough on its rights etc, but such delay or negligence, if there be any, cannot justify such illegitimate, unauthorized and stealthy drawl of natural gas from ONGC's field by the private operator operating in the adjoining area, I had already brought the entire matter to your attention vide my letter dated 12th June 2014 urging upon you to take appropriate measures to defend the interests of Govt exchequer and the commercial right of ONGC" in the instant case, Unfortunately, the Govt have taken a stride in opposite direction in favour of the private contractor/operator.
The complaints of ONGC pertains to theft of natural gas under the domain of the Govt owned company and it should be dealt in public interest only through proper scientific examination/scrutiny of the complaint by an independent competent expert agency and before any such examination of the veracity of the complaint, any pleading for rejection of the complaint-petition itself tantamount to unduely guarding the probable offender or indulgence to the offence at the cost of national interests, I believe, you will appreciate the revealing impropriety in the stance of Govt of India, or in that matter of MoP&NG in the instant case reflecting undue bias in favour of the "charged" without verifying the veracity of the charges by a competent agency, I request you to please review the stand taken by the Ministry in this regard as reflected in its affidavit before Delhi High Court in the instant case, Rather, along with judicial examination of the complaints of ONGC, the Ministry should also get the complaints examined by an independent expert agency to ascertain the truth instead of pleading for rejection of ONGC's petition, I urge upon you to please intervene appropriately in that direction in the interests of all concerned.

Awaiting early response,

With regards,

Yours sincerely,
(TAPAN SEN)
PRESS BRIEF
ON
 
MEET AND DISCUSSION OF SIX REPRESENTATIVE DELEGATION OF JOINT FORUM OF 21 – TEA TRADE UNION OF WEST BENGAL ACCOMPANIED BY TAPAN SEN, MP, RAJYA SABHA WITH SMT. NIRMALA SITARAMAN, HON’BLE MINISTER IN-CHARGE, COMMERCE & INDUSTRIES, GOVERNMENT OF INDIA AT UDYOG BHABAN ON 13TH AUGUST 2014 BY 1 PM
 
Discussed in detailed regarding –
 
Policy intervention on the issue of improving the present poor rates of wages in West Bengal and Assam Tea plantation.
 
Minister In-Charge will make necessary correspondences with the Governments of West Bengal and Assam so that the workers can get their justified basic rates and dearness allowances for leading decent lives. For that matter also she is going to meet all the stake holders on 8th September 2014 at Guwahati to take stocks and do whatever required.
 
Closed tea gardens’ issue was discussed for immediately bringing those in normal operations & save the workmens’ acute miseries including deaths on starvation.
 
She affirmed the delegation of taking necessary measures for saving the workmen & opening the closed gardens. But she informed that government of West Bengal has denied the problem of deaths on starvation etc.
 
On developmental matters pertaining to the regions of plantations were discussed particularly health, education and other basic infrastructures.
 
She requested the delegation to write her department on this vital aspect and her government will do whatever necessary for overall improvement of lives of the tea garden residents.
 
On the environmental and climate issues, the delegation brought the very features of indiscriminate mining and deforestation in Bhutan Himalayas and random use of chemicals in plantations.
 
Minister In-Charge took very interest and insight into the matter and requested the delegation to bring immediately this issue before Environment Ministry when she will also take it up in broader dimension of sustainability of the plantation and vital regions of the country.
 
The Minister – in – charge appreciated the delegation for working together and requested for keeping touch with her department on issues of concern.
 
      sd/-                                                                    sd/-                                                                       sd/-
Ziaul Alam                                                 Mani KumarDarnal                                                      John Barla
 
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P.T. Sherpa                                                  Manohar Tirkey                                                         Saman Pathak

8th August

PRESS RELEASE

A meeting of the leaders of all Central Trade Unions was held at the INTUC Headquarters, New Delhi on 7th August, 2014. Among those participated in the deliberations included Tapan Sen, M.P., General Secretary, CITU, Gurudas Dasgupta, General Secretary, AITUC, Brijesh Upadhyaya, General Secretary, BMS Harbajan Singh Sidhu, General Secretary, HMS. The meeting was presided over by G.Sanjiva Reddy, President, INTUC.

At the end of the meeting, a statement has been issued. The substance of the statement is that all the Central Trade Unions have strongly opposed in one voice the onslaught on the working class by the Narendra Modi Govt. through its move of massive amendment of various fundamental Labour Laws and that too unilaterally totally ignoring the Central Trade Unions.

Therefore, all the Central Trade Unions are vehemently opposed to both the unilateral path and dangerously anti-labour contents of the amendments (already legislated by Rajasthan Government and moved in Parliament by Modi Government). While the role of the Rajasthan Govt. was condemned for their first initiation in the matter, it is understood that things are happening with the approval from the Narendra Modi Govt. at the Centre. CTUs also denounced the move of the Modi Govt to hike FDI in Defence, insurance and Railways and disinvestment in CPSUs.

The meeting has decided a National Protest Convention of Workers in Delhi in the first week of September 2014 where from programme of actions shall be declared. In the meantime, more Rajasthan-centric initiative for powerful united movement of the working class shall be initiated.

TAPAN SEN, M.P.,

GENERAL SECRETARY

 1st August 2014
 
Shri Prithviraj Chavan
The Chief Minister of Maharashtra
Mantralaya
Mumbai – 400 032
 
Dear Shri Prithviraj Chavan ji,
 
I am writing this letter with much shock and anguish on the national disaster and tragedy causing death of more than 200 Adivasi men, women and children and wiping out of the entire Malin village in Ambegaon in Pune district of your State due to landslide triggered by heavy rains.
 
It is reported that your government had had adequate warning months before when repeated smaller landslips had occurred. Yet, no preventive measures were taken by the government.
 
The flow of the backwaters of the nearby Dimbha dam may be one of the causes. Yet, recently, JCP heavy machines were being used on the hillside under MNREGA under Padkai scheme in gross violation of the Act. Despite strong opposition by the local Adivasis the government did not prohibit their use.
 
My organization, the Centre of Indian Trade Unions (CITU) urges you to institute an impartial enquiry to the causes leading to the disaster pin pointing failures and complicity.
 
CITU also demands that compensation be paid to the families of the deceased and injured; and proper rehabilitation of the surviving people be made without delay.
 
With kind regards,
 
Yours Sincerely
(Tapan Sen)
General Secretary
Press Release                                                                                                                         
 
28th July 2014
                                                                                                                                               
 
                                                           
The Centre of Indian Trade Unions condemns the move to bring about anti-labour amendments in Industrial Disputes Act, Factories Act and Contract Labour (Regulation & Abolition) Act by the BJP Govt in Rajasthan on which Amendment Bills have already introduced in Rajasthan Assembly. CITU calls upon to organize countrywide protest at the earliest against such corporate driven onslaught on working people by the Rajasthan Govt at the behest of the capitalist class.
 
The amendments proposed in Industrial Disputes Act aim at empowering the employers to retrench workers at will, without prior permission of the Govt in all establishments employing up to 300 workers, and also deny the trade union in any establishment to represent the grievances/demands of the workers unless they have at least 30% membership strength among the workers of the concerned establishment. Moreover almost all protective clauses on contract labour, particularly the responsibility of the principal employer have been proposed to be deleted. Also the employer is being empowered to attribute any failure in production or operation as a failure of the workers as the provision is being made to widen the definition of “go-slow” in the Act. The changes in the Industrial Disputes Act will empower the employers to freely retrench the workers at will in overwhelming majority of the industrial establishments in the country, freely engage workers on contract in permanent perennial jobs and denying them all rights to statutory wages and social security, and victimize the workers at their whims and fancies.
 
The amendments proposed to Factories Act increase the threshold limit of employment for the factories operating without power from 20 to 40 and for the factories operating with power from 10 to 20 for the purpose of being covered under the Act. Moreover the Govt made provisions that without prior written permission from the state government complaint for violation of law against the employer cannot receive cognizance by the court. Punishment provision for violation of labour law has also been proposed to be relaxed. These changes will lead to pushing out a large number of factories and workers out of the coverage of almost all basic labour laws.
 
The amendments proposed to Contract Labour (Regulation & Abolition) Act also removes all contractors employing up to 49 workers out of the purview of the coverage of the Act. This will in effect throw out vast section of contract workers out of the coverage of almost all labour laws.
 
In fine, the amendment proposals to labour laws by the BJP Govt in Rajasthan is aimed at establishing a jungle raj in workplaces giving the capitalist class complete freedom to loot and exploit the workers. In fact, the enforcement of labour laws in Rajasthan had all along been worse with the numerous complaints of violation of all labour laws pertaining to minimum wages, contract labour, PF, ESI, working hours, unlawful retrenchment etc have been piling for years without any redressal in almost all the industrial areas in the state. These amendment proposals of the state government are designed to legitimize or legalise all those violations by the employers class.    
 
If the overactive move by the BJP Govt in Rajasthan to amend labour laws in the most obedient service of the employers class, both domestic and foreign, is any indication, the working people throughout the country as a whole are going to face a severe onslaught on their rights and livelihood in the days to come from corporate-servile polity in power at the centre. Already such move is reported to be afoot in respect of number of labour laws.
 
CITU calls upon the working people of the country and all trade unions irrespective of affiliations to organize protest such corporate driven retrograde changes in labour laws by the Rajasthan Govt and prepare for united countrywide struggle to resist such onslaught on their rights and livelihood.
 
(TAPAN SEN)
General Secretary
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