PRICOL: The Facts
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- AICCTU (1)
- Pricol (1)
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PRICOL PRICOL PRICOL PRICOL PRICOL PRICOL PRICOL
Check this
http://www.cpiml.org/liberation/year_2009/sept_09/update_1.html
http://www.cpiml.org/liberation/year_2007/june/may_day_in_coimbatore.html
http://www.cpiml.org/liberation/year_2007/may/pricol_workers.html
http://radicalnotes.com/journal/2009/09/30/pricol-workers-struggle/
ONLINE PETITION TO WITHDRAW FALSE CASE AGAINST COM. S. KUMARASAMY
Sunday, December 20, 2015
Friday, December 18, 2015
APPEAL
A SHORT HISTORY OF THE LONG STRUGGLE OF PRICOL WORKERS
Thursday, December 10, 2015
JUDGMENT IN THE PRICOL MURDER CONSPIRACY CASE
ANOHTER ONSLAUGHT OF THE WORKERS’ RIGHTS AND STRUGGLES
Com.Gunabalan |
Com.Saravankumar |
Com.Manivannan |
Com.Ramamurthy |
Com.Sampathkumar |
Com.Rajendran |
Com.Sivakumar |
Com.Velmurugan |
Saturday, October 24, 2009
ECHO OF WORKERS STRUGGLE THROUGHOUT INDIA
THE MRF CASE: MADRAS HIGH COURT JUDGEMENT ON THE RECOGNITION OF TRADE UNION! ....... Read more
Courtesy: Liberation, the Central Organ of the CPI (ML) Liberation.
PRICOL, GRAZIANO
PRICOL STRUGGLE UPDATES
PRICOL TRAGEDY:
Saturday, October 10, 2009
Pricol Workers’ Struggle
an
account from 24.02.2007
as it goes on........
Workers of Pricol Ltd., Coimbatore, Tamil Nadu, held their general body meeting on 24 February, 2007 and formed union with majority workers under AICCTU leadership.
Then on, they are on the path of struggle and in spite of severe repression and victimisation, the struggle is continuing with intensity for the third year.
An account of their relentless struggle follows:
A few facts about Pricol Ltd Pricol
Ltd. manufactures auto components and it has factories in Coimbatore, Pune and
Uttarakhand. It has got a subsidiary in Indonesia known as PT Pricol Surya Indonesia. The management in a recent press release has claimed that if the workers
continue with their confrontationist ways, it would have to move out of Coimbatore leading to direct and indirect job losses for 20,000 workers. Denso
Corporation, Japan owns 12.5% of the Company's shares. The promoters and their
associates led by Mr. Vijay Mohan own 35.83% of the Company's shares. The share
holding by the public and mutual funds amounts to nearly 44%. The Company's
Balance Sheet shows that total Paid -up Capital is Rs. 9 crores whereas its
present assets are worth Rs. 541.72 crores, and its reserves and surplus stand
at Rs. 147.8 crores. Year
Domestic Sales Exports Total Sales 2000 Rs. 179.10 cr. Rs. 22.19 cr. Rs. 201.3 cr. 2009 Rs. 476.50 cr. Rs. 137.50 cr. Rs. 614.0 cr. The
above facts would reveal the comfortable position enjoyed by the Promoters and
it will not be trite to say that the sweat and toil of the workers have
contributed to the tremendous growth of the Company. Why is there such a long struggle? To
cut costs and to increase profits, the management resorted to a sham Contract
Labour and Satellite Vendor systems. It had also developed five dependent
unions to stifle real and effective collective bargaining. For decades, crude
victimisation, denial of dignity, low wages when compared with higher
productivity, denial of permanent status....and so on were the conditions of
workers. Altogether, an eruption was in the waiting. The
proverbial last straw was the vindictive transfer of the vanguards of the newly
formed unions in plant 1 and 3 which commanded overwhelming support of the
permanent workers as well as the workers of the sham contract labour and
satellite vendor systems, which led to a powerful strike from 3rd March, 2007. Stage - 1 More
than 3000 workers went on strike. The management flatly refused to talk with
the struggling workers. From 4.30 p.m. on 09.03.2007 to 10.00 a.m. of
10.03.2007, 2400 workers led by women workers staged a road roko in the
Coimbatore - Ooty Mettupalayam Road. Mothers tended to their children and slept
in the roads. They were all arrested after 17 hours and released only at 9.00
p.m. On
10.03.2007 on 11.03.2007 1500 children and family members staged a Dharna in
front of the factory. On 25.03.2007 there was a fast in Coimbatore City by 4000 workers. On
28.03.2007, a calling attention motion was taken up in the State Assembly. As
the management was adamant, the workers entered the factory on 03.04.2007 and
staged a stay in strike up to 10.00 P.M. When the police tried to enter, women
workers doused themselves with petrol and kerosene and threatened self
immolation. The police had to beat a retreat, but they lathi-charged the family
members who had gathered outside the factory. The siege was withdrawn only
after Comrade S. Kumarasami had a telephonic conversation with the local
Minister and the Labour Minister. The
Management retaliated with partial lockout for 164 workers and then for another
11 vanguards and break in service for 134 workers. On
10.04.2007 more than 2000 workers left for a rally and convention in Chennai to
be held on 11.09.2007 demanding the Govt. to pass orders under section 10B of
the ID Act 1947. The
Government intervened on the night of 10.04.2007 by referring the issues of
strike, lock out and transfer to the Industrial Tribunal under Section 10 (1)
of the Industrial Disputes Act, 1947 and prohibiting the continuation of the
strike and lockout under Section 10 (3) of the same Act. Section 10 (3) ban can be invoked only with a
simultaneous Section 10 (1) reference. Compulsory peace efforts (Reference) are
conditions precedent for compulsory cease fire (prohibition). The logic seems
to be that there can not be war and peace at the same time. The
unions obtained interim stay of the order prohibiting the continuation of
strike on the ground that pending issues like lockout of 11 workers, break in
service for 134 workers, sham contract labour and Satellite Vendor Unit systems
were not referred to court. The management after withdrawing the lockout of
164 workers obtained interim stay on the order prohibiting the continuation of
lockout. Both sides were back to square one. Stage - 2 The
unions wanted the Government to refer the pending issues to the court and
simultaneously pass orders under section 10 B imposing conditions on the
management. On 23.04.2007 the workers and children covered their faces with
black cloth and staged protests in the Collector's office as well as the
Coimbatore Labour Office. On
May Day 2007 there was a huge rally and public meeting in Coimbatore of 8000
people, comprising Pricol workers, their families and friends, and AICCTU
workers from all over TN, demanding 10 B orders. On
3rd, 4th and 5th of May 2007, there was a fast in Periyanaickenpalayam Area
where the factory is situated. On
14.05.2007, there was a live program in Makkal TV (People TV) on Pricol
Struggle in which the office bearers of the union participated. On
17.05.2007, the workers stated that they would surrender their family ration
cards and election identity cards if their demands are not met. On 19.05.2007,
600 children demonstrated in front of the company's corporate office demanding
February 2007 wages and education allowance. Thousands
of telegrams and post cards were sent by workers of other factories and the
general public to the government demanding 10 B orders on Pricol workers’
issue. On
21.05.2007, 70 women workers came to Chennai and gheraoed the Labour
Commissioner's Office. They stayed back in Chennai and on 23.05.2007, went to
the Labour Minister's House asking for 10 B Orders. Finally the Government
relented and passed 10 (1) and 10 (B) orders on 24.05.2007. The
10 (1) Reference was on the justifiability of partial Lockout of 11 workers,
break in service for 134 workers, the sham Contract and Satellite Vendor Unit
System, and recruitment during strike period. The
10 B Orders directed the management not to give effect to the break in service,
transfers and the partial lock out, not to employ the fresh recruits taken
during the strike period. It also modified the undertaking demanded by the
Management when the workers were to return to work. With
this, the strike was withdrawn on 26.05.2007. The workers were allowed to join
duty in stages. After writing to the Labour Minister that they will implement
the 10 B orders without any dilution, the management obtained an interim stay
of the 10 B orders on 29.05.2007. Stage - 3 The
management resorted to a series of victimisation measures. The so-called
Satellite Vendor Units were closed and their workers were terminated. From July
2007 onwards, the management denied DA and wage increase as per the
settlements. On 13.07.2007, the workers were attacked by goondas brought in
from outside. The workers caught hold of some of them and handed them over to
the police along with the bus in which they came. But it was the workers who were
arrested and put in jail. On
19.08.2007, hundreds of Pricol workers attended a workers' rights rally of
AICCTU in Erode. On 24.08.2007 there was a demonstration and on 10.09.2007 the
workers went in hundreds and represented to the Collector. On
28.09.2007 they organised a big public meeting on Bhagat Singh's Centenary
Year. On 13, 15 and 17 October, 2007 they raised slogans in the factory. When
only a few were charge-sheeted, others wrote letters that they too raised
slogans and demanded why action against only a few. The management retaliated
by demoting 114 workers. The
management filed 3 writ petitions against the 10.04.2007 lockout prohibition,
24.05.2007 10 (1) reference and 10 B orders. On 10.12.2007 a Division Bench of
the Madras High Court upheld the three Government orders and dismissed all the
writ petitions filed by the management. But surprisingly the Bench allowed the
interim stay of the 10 B orders to continue while dismissing the main writ
petition itself. Both parties approached the Supreme Court. On 16.05.2008 the
Supreme Court passed an Interim Order allowing the 62 partially locked out
workers to return to work. In
the meantime the management gave zero wages to 300 workers making illegal
deductions beyond the statutory 75%. In spite of monetary loss, Pricol workers
contributed Rs. 1 Lakh for the CPI(ML)'s 8th Congress. After repeated efforts,
the management gave the workers 20% bonus only on 11.03.2008 from 24.02.2008. Pricol
Workers collected thousands of signatures demanding an amendment to the Trade
Unions Act providing for recognition to the majority union through secret
ballot. On a single day more than 1200 workers including hundreds of women
workers collected 65,000 signatures. On
23rd March, they entered the factory with Bhagat Singh Badges. On 27.03.2008
hundreds of Pricol workers participated in CPI (M-L) - AICCTU Assembly Gherao
for various issues of urban and rural poor including TU Recognition Amendment. On
05.04.2008 there was a massive hunger strike in Coimbatore in which PMK M.P.
Dr. Senthil also participated. From 10.06.2008, the management created a
far-away concentration camp for the partially locked out workers who had to
return to work. On
16.06.2008 Pricol Workers participated in a Left TU struggle in Madras for TU
Recognition Amendment in hundreds. On the same demand, they joined AICCTU's
Gherao of the Labour Commissioner's Office in Chennai on 25.06.2008. On
20.07.2008 they observed the hundredth Anniversary of Tilak's Arrest in a big
public meeting in far away Malumichampatti. On
20.08.2008 more than thousand workers courted arrest on the All India Bandh
Day. On 21.08.2008 16 workers were arrested. On the same day the management
partially locked out 170 workers. The workers laid siege to the factory
protesting against this. On 24.08.2008, an understanding was reached before the
Conciliation Officer that only 16 workers who were arrested will be partially
locked out and 24 others will be suspended and the rest will be allowed to work
and that there will be no victimisation. On
July 30 - 31 AICCTU's 6th State Conference and on August 2 - 4 AICCTU's 7th
National Conference were held in Chennai. Pricol Workers participated in them
and got elected as leaders of AICCTU. On 09.08.2008 the Quit India Day was
observed in Karamadai, in a General Body meeting in which Comrade Dipankar
Bhattachatya, CPI(M-L) General Secretary and Comrade Kalpana of South Asia
Solidarity Forum Participated. Stage - 4 The
Treachery & the Fight Back With
ulterior motives, the management lifted the partial lockout of office bearers.
It started negotiations with some of them. The General Secretaries of the two
fighting unions went over to the side of the management. They advocated a
compromise with the management and started arguing that things will fall in
line if the workers leave AICCTU and its leader as well as the worker leaders
who are transferred. The
management which had fixed a date for talks with the union leadership
backtracked as it felt that the renegades will not be able to break the unions.
In spite of all deprivations and suffering, the workers decided that they will
never give up their leaders and unions. Angered by this, the management from
December, 2008 started deducting 25% of the wages of the workers. On
10.12.2008 the management issued notices to 183 workers that it would deduct
Rs.1.76 crores from their salaries for the losses caused from August 21 to 24
of 2008. On 12.12.2008 it dismissed 41 workers. On 02.01.2009 the Labour
Department advised the management not to go ahead with the deductions. On
18.12.2008 the two unions conducted their elections. All office bearers were
elected unanimously. On 25.01.2009 there was a huge public meeting in
Periyanaickenpalayam in which they took a pledge to fight till victory. In this
meeting, the workers and general public observed silence in memory of the
Tamils killed in Sri Lanka as well as all those killed by imperialism and its
running dogs. On
08.02.2009, Pricol workers LMW and KSB Pumps workers observed fast, expressing
solidarity with the Tamils in Sri Lanka. 45 ISCV workers were asked to give a
letter stating that Com. Kumarasami incited violence in the public meeting on
25.01.2009. As they refused they were dismissed on 24.02.2009. On 28.02.2009 a
Referendum was held asking the workers whether the union should launch a
struggle immediately without bothering about the consequences or to plan and
conduct a struggle in an organised manner. The unions by choice did not
announce the results on the votes. But the referendum showed that the
struggling spirit of the workers has won and that the union's overwhelming
majority stood proved by the number of voters. Stage - 5 The
Third Reference and
the Second 10 B Orders Pricol
Workers are record breakers. They break their own records. On
30th June 2009, the Tamil Nadu Assembly witnessed AIADMK, Congress, PMK, CPI,
CPI (M) MLA’s speaking on a Calling Attention Motion on the indefinite fast of
Pricol Workers from 15.06.2009. The Labour Minister while replying narrated the
various unfair labour practices of the management as well as the actions taken
by the Government. He concluded by stating that the demands of the workers are
accepted and that their fast has ended. He also assured that the Government
would never let Pricol Workers down. This Victory Did Not Come Overnight First,
we shall see what exactly this victory is. Government order 393, dated
29.06.2009 has referred the following 3 issues for adjudication to the Labour
Court Coimbatore under Section 10 (1) of the ID Act 1947. 1.
Is the demand of the Unions that the management
of Pricol Limited plant 1 and 3 should not engage apprentices and contract
labour in direct production, justified? If so, what should be the relief? 2.
Is the management justified in unilaterally
declaring holidays and thereby depriving incentive from the wages of the
workers from December, 2008? If not, what should be the relief? 3.
Is the management justified in denying DA
and Wage increase as per 12 (3) Settlements dated 29.09.2004 and 03.03.2004 on
the ground that workers have not fulfilled their obligations? If not, what
should be the relief? For
passing 10B Orders imposing conditions on employers and employees in the
interests of employment, industrial peace, public order etc. it is a
prerequisite to cause a reference under Section 10 (1) of the ID Act 1947.
Having done that in GO 393 on 29.06.2009, the Government simultaneously passed
10 B Orders in GO 394 on 29.06.2009 to the following effect. (i) The Management of Pricol Ltd. Plant 1
and Plant 3 shall not engage Apprentices and Contract Labour in direct
production activities, affecting the work, wages and incentive of the permanent
workers. (ii) The management of Pricol Ltd. Plant
1 and 3 shall pay respectively an interim relief of Rs. 500/-, Rs. 400/- every
month along with salary to the workers with effect from 01.06.2009. Apprentices
and Contract Labour are engaged in direct production contrary to law in almost
all public and private sector units for decades. This is the first time a
Government has invoked its powers to stop that. Workers have succeeded in
forcing the bourgeoisie state to implement its own bourgeoisie law. This
campaign was built brick by brick and the activities of the union planned step
by step towards the Government conceding the demand. By
its own unsigned notice, the management stated that it was not paying DA and
wage increase to the workers from July 2007. The management stated that this
would be a minimum of Rs.950 and a maximum of Rs.1600 per month per worker, and
that it would pay the amount due to the workers in installments if the workers
leave AICCTU, a Marxist-Leninist and Maoist Union. The
management while dismissing the workers, is bound to give a month's notice pay
to them, while seeking approval under Section 33 (2) (b) of the ID Act, 1947.
If the management fails to pay full month's salary, its approval petition will
be dismissed. Therefore, while dismissing the workers, management paid the
withheld DA and wage increase in the month's notice pay. The union pointed out
to the Government that workers would be paid these amounts on dismissal which
were denied to them while working. In
March 2009, the Government issued a prosecution notice to the management for
violating the settlement. The Government also issued a show cause notice for
the unfair labour practice of denying wage increase to the workers on the
ground of being members of a union which is not acceptable to it. These notices
were issued to all Board Members of the management. The
Union produced before the Government many authentic documents to show that
apprentices and contract labour are engaged in direct production. On 15.04.2009
the Government issued a detailed advice to the management not to engage
apprentices in direct production. The Government stated that on this issue it
was prima facie satisfied by the documents shown to it. The management did not
pay heed to this. In
an unprecedented move, the Government ordered a spot inspection on 21st and
22nd May 2009 and the spot inspection report categorically stated that
apprentices and contract labourers were engaged in direct production and that
the permanent workers are prejudiced. The
unions asked the Government to pass the necessary orders which will only be the
logical culmination of its earlier steps. Of course, this was accompanied by a
powerful indefinite fast from 15.06.2009 and the indefinite fast was carried on
when the assembly was in session. Thousands
of signatures were obtained asking the Government to concede the demands of the
fasting workers. More than 1 lakh leaflets were issued. 90 digital banners
throughout a long stretch of Mettupalayam Road were erected. The
workers, the unions and the people were moved. Emotions ran high as the fast
moved from day to day. Political parties, unions, social activists, workers and
the general public stood in a queue and met the fasting workers. There were
poignant scenes when children visited their fasting mothers and fathers. On
the 12th Day, women workers who were unable to move, and other physically ill
workers were taken away from the fast. On a day to day basis, health of the
fasting workers was monitored. To some, the spirit was willing but the flesh
started yielding after 12 days. Ultimately the fast ended successfully on 16th
Day. The
fast was held inside the union office. The fast was not called a fast unto
death, but an indefinite fast. The police, which was otherwise prepared to put
an end to the fast by booking cases under Section 309 Indian Penal Code
(Attempt to Suicide) and remove the fasting workers, was not able to intervene
and only had to visit the fasting workers every day. The
fasting workers were told to hold two aspects strong in mind. “Seeking guaranteed success in
a struggle is to guarantee that no struggle takes place”. “Be prepared to continue the
fast up to July 8 when the Assembly takes up the Labour issue. Be prepared even
to go beyond it. When anybody asks you when the fast will end, tell them that
it will end when our demands are conceded. If they again ask you, when the
demands will be conceded, be bold enough and true enough and tell them there is
no time limit to struggle.” Pricol
workers dared to win. They dared to struggle. They dared to succeed. Their saga
of sacrifice determination, dedication, and class consciousness will continue. The
management may or may not come to an immediate settlement. The management has
vowed in a press conference after the fast, that it has taken up a principled
stand against a Marxist-Leninist, Maoist leader and his unions and that it
would rather move out of Coimbatore than talk with the Union. History
has taught us different lessons. It was the mighty United States of America
that got defeated ultimately and not tiny Vietnam. Pricol Workers have proudly proclaimed
in their banner “Class
struggle was there. Class
Struggle is here. Class Struggle will be everywhere.” The management which has been
raising the bogey of Naxalism and Maoism for the past 3 years says the
following in its Annual Report - 2009 on the topic, Industrial Relations: “The
Company strives to maintain harmonious relationships with all its employees.
Efforts are ongoing to build and renew the relationship with the work-force.” The Supreme Court case is likely
to reach sometime around 31.07.2007. If apprentices and contract labour are
stopped from direct production, the workers of the so-called satellite vendor
units, and the workers under the earlier sham contract, will have a better and
earlier chance of employment.
What is Happening in Pricol?
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
Mr 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 conducting 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 positively counter the frustration being caused by the delay in legal struggles and the recalcitrant attitude of the management.
Can by any stretch of the 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.
A Demonstration by Pricol Workers
Text of the Memorandum submitted to the Honourable Deputy Chief Minister Shri M. K. Stalin by AICCTU
COM.
S. KUMARASAMI
All India President, AICCTU, Politburo Member, CPI ML (Liberation)
Implicated in False Case
Mr. Vijay
Mohan, Managing Director, Pricol Ltd
Behind
the Conspiracy
AICCTU is a Central TU recognized by Central Government. It
has membership strength of over 5 lakhs.
AICCTU All India General Secretary Com. Swapan Mukherjee and
National Secretary, Com. Balasubramaniam attended the recently held Indian
Labor Conference as invited by the Central government.
TN Govt. forwards important communications about its labor
welfare related measures to AICCTU as AICCTU is a Central TU recognized by
Central Government.
Thus, AICCTU is a Central TU recognized by both the Central
and State Governments. Com. S. Kumarasami is All India President of AICCTU. He
is also a practicing advocate in the High Court and he practicing law for more
than 25 years.
He is now implicated in a false case at the instigation of
Mr. Vijay Mohan, MD, Pricol Ltd.
Com. S. Kumarasami is the honorary President of Kovai Mavatta
Pricol Thozhilalar Thozhirsangam since March 2007.
Pricol management is treating its work force as slaves and exploiting
them for the past 30 years. Pricol workers are waging a relentless struggle
against this oppression.
6 office bearers of Kovai Mavatta Pricol Thozhilalar Thozhirsangam
and Kovai Mavatta Pricol Employees Union were transferred to Uttarakhand as
they were instrumental in forming these unions. Pricol workers went on a strike
against this transfer and since then there have been legal struggles taken up
by the workers.
Though the workers were ready to sort out the issues through
negotiations, the management was not ready for such a solution. It said that it
will come to the negotiation table only if the workers leave their unions and
give a letter to that effect.
The TN government and the Labor Department intervened many
times and directed the management to halt its anti-worker activities. The TN
government had passed 10 B orders twice to safeguard the interest of the
workers and industrial peace. But the management did not pay heed and went on with
its victimization spree.
Over 1500 contract workers who were working for Pricol for
more than 20 years were terminated on a single day.
The management is not paying the rise in wages and DA as per
the agreement and every worker is losing Rs.950 to Rs.1650 per month, bonus was
not paid as per the agreement, which means a loss of more than Rs.1,00,000 per
worker, which is running into crores for all the 1500 plus permanent
workers. (This hike is paid for the
worker who is facing dismissal as a worker will have to be given notice pay
before termination.)
But the management announced through its notice board that
if the workers leave the union, the entire pending amount will be released in a
single installment.
But the workers chose to remain with the union and raised demand
for TU Recognition Act.
The management stepped up its victimization measures and
hardly a day passed without victimization, in some form, at some level.
After all this, the management illegally deducted at least
Rs.1000 from every worker’s pay saying that they have to pay for its losses.
So, the workers are paid less than Rs.1500 per month.
To do away with the union the Pricol management has taken up
measures like termination, suspension, 8 days pay deduction, break-in-service,
demotion, denial of terminal benefits for retirees and dues for the families of
the workers on death, attack by goondas and so on.
In these circumstances, 43 workers of Kuniamuthur unit (this
unit was opened only to harass the workers) were terminated on September 21.
Some workers went to the HR VP’s room to discuss about the termination. The
discussion, in due course turned into violence and the VP was attacked and he
later died in the hospital. Pricol management’s anti-worker measures, its refusal
to honor the advice of the labor department and G.Os of the TN government are
reasons behind this attack and Mr. Vijay Mohan, MD, Pricol Ltd is solely
responsible for this attack.
The incident is very unfortunate and regrettable. AICCTU
does not endorse such activities.
Mr. Vijay Mohan, MD, Pricol Ltd, has given a false compliant
on Com. S. Kumarasami and on the basis of his compliant and instigation, the
Coimbatore police has implicated Com. S. Kumarasami in the false case.
Mr. Vijay Mohan, MD, Pricol Ltd is conducting such a smear
campaign on AICCTU and its leaders in a planned manner and at his instigation,
there are news items in print and electronic media branding AICCTU as a
terrorist organization.
* We strongly condemn the implication Com. S. Kumarasami,
All India President, AICCTU in a false case.
* We demand that TN Govt. and police
should not take sides with Mr. Vijay Mohan, MD, Pricol Ltd, in his conspiracy.
* We demand that action must be taken
against Mr. Vijay Mohan, MD, Pricol Ltd for conducting smear campaign against
AICCTU and its leaders.
* We demand that TN Govt. and police
should not take sides with the capitalists in their terrorist activities
against the workers.
A.
S. KUMAR
State Dy. General Secretary
A.
I. C. C. T. U
Pricol: Some Truths
In ‘Modern Times’ one of the classics of world cinema, Charlie Chaplin, who works in a machine, the speed of which is increased as the day toil progresses, with spanners in both his hands, goes to the bathroom. When going, though there are no spanners he holds, he is not able to stop the operation and the activity at the machine continues while going to the bathroom too. This scene powerfully explains about capitalist exploitation and how the laborer, a human being made of flesh and blood becoming an extension of the machine for production. This is true even today and as for as workers of Pricol Ltd are concerned it is way of their life.
In 1975, Mr. Vijay Mohan started Pricol Ltd in Coimbatore with an investment of Rs.40 crores and today, Pricol’s worth is Rs.4000 crores. It is very obvious that, Vijay Mohan, Vanitha Mohan, Vikram Mohan or any of the human resources officers would never have even touched a spanner. It is obvious that this 100-fold growth of wealth of Pricol Ltd is only out of the sweat and labor of over 4000 Pricol workers. Pricol workers are in the touch and feel of this truth.
But, what is the condition of the workers who have spent their life in growing this wealth?
>Wage revision once in 5 years.
>Wage hike only for Rs.100 to Rs.150.
>Deduction in DA as second account which till date the workers do not understand or do not opt for.
> A worker with a service of 20 years can take home Rs.500 after all the deduction.
>Apollo Insurance scheme was imposed on the workers and premium deducted from their salary without their consent.
>Compulsory overtime work.
>Norms fixed on the basis of time study done for a period of one hour. This very difficult for 12 hours work.
> In the Japanese work style, workers have to stand all these 12 hours. No consideration for women workers during their menstrual period or pregnancy. This has resulted in 30% women workers removing uteruses.
> Deduction from the salary of the workers for the organization SIRUTHULI, run by Executive Director Vanitha Mohan without the consent of the workers.
>Construction of temple, grave yard and tsunami relief work in the name of the management by deducting from the salary of the workers without their consent.
> Workers were forced eat in spoons in the pretext of cultivating good habits. But the real reason diverting water from the company to SIRUTHULI. Workers are not comfortable in eating with spoons and they say they are not able to eat fast in the time allotted for lunch and thus they go half-hungry.
>Workers dignity is constantly under threat and getting sanction for eligible leave or permission means an attack on dignity.
>Workers are humiliated when there is request for advance for expenses such as marriage or delivery and other emergency.
>Any who gathers minimum courage to question such attack is humiliated by making sit in a red chair, transfer to a department, the work in, the workers is not trained.
> Any worker still resists is shown the doors.
Conditions of over 1500 non-permanent workers
>Pricol Ltd has more than 13 Satellite Vendor Units (SUVs). Those workers in these units are involved in production for Pricol precisely. These workers call themselves as Pricol workers. Pricol management also called them that.
> But the papers of Pricol do not call them Pricol workers. They called the SVU workers.
>But they were employed in Pricol Plants 1 and 3 and were involved in direct production like the permanent workers.
>They are non-permanent workers, who spent their life in an expectation that some day they will be regularized.
>There are workers who have worked for more than 20 years as contract workers.
>Pricol management which did not discriminate them in involving in direct production and other oppressive measures, discriminated them on the question of wages.
> They do not get wages and other benefits as extended to the permanent workers.
>No holiday even on Sundays.
>Recently a weekly magazine reported that the toilets in Pricol premises do match the standards of five star hotels. If the reporter is bold enough, he/she should meet some of the SVU workers, explore the conditions and report that too.
>Apart from these SVU workers there are Other Contract Laborers (OCLs). Their working conditions are the same as that of the SVUs.
>All of them were dismissed for joining union.
>Pricol management had even ‘allowed’ some unions to function among the workers and a weekly now is reporting that they had smooth relation. It is true. They had smooth relations. Smooth relations with the management!
Thus Mr. Vijay Mohan was running a kingdom with over 4000 workers. Workers were paying heavily for his rule. And at some point they decided to put their foot down and fight back.
Their experience of being together in production propelled them to an extraordinary decision in the times of contractualisation and casualisation: management divided the workers in the name of permanent workers, SVU workers and Other Contract Laborers (OCLs); but all these workers united and formed a single union with strength of 3900 workers. This number itself gave them strength. Vijay Mohan had to face shock for the first time and this turned out to be prestige issue for him. 6 of the office bearers were transferred to Uttarakhand. Workers went on a strike demanding withdrawal of the transfers.
Vijay Mohan, who was claiming that the workers and management all together is a family, obtained an injunction in the court that the workers, ‘his family members’ can not approach the vicinity of the factory, the ‘home’, and they would be kept 100 meters away. Workers, who were legally prevented from coming near the gates, gathered in a tea shop nearby and named that place ‘Uttarakhand Maidan’. Vijay Mohan enjoyed the sight of his ‘family members’ sitting on the road side in sun. Vijay Mohan who has strong overseas relations such as English Time Study, Japanese work style, Indonesian Unit, refused to negotiate with the TU leader who came from Chennai and called him an ‘outsider’.
Workers’ struggles intensified.
(Details of the Struggles can be seen in the booklet. Other related articles published are enclosed)
On 30.06.2009, 32 workers called off their indefinite fast, as the Labor Minister announced in the assembly that their demands are conceded to. But, when returned to work after 16 – day fast, the management greeted them with treating the days on which they were on fast as period of absence and the leave sanctioned prior to the leave period is canceled as they involved in TU activities!
Workers approached the labor department to get the second 10 B implemented as they apprehended that the management would get this 10 B too stayed.
In this period, the victimization measures of the management intensified. Management got the second 10 B stayed. There were show cause notices for some reason or the other. Workers wore badges stressing their demands, while on work. The management did not even allow this level of expression of workers’ protest. Management told the workers to remove the badges. When the workers did not comply, Roy George ordered suspension of 40 workers for 2 days consequently. The number of workers being suspended (all of them are vanguards) increased to 100 on the fourth day and Com. Krishnamurthy, President of Pricol Workers Union doused himself with petrol and attempted self-immolation. A police official who came there incidentally prevented him from immolating himself. Next day issue came up before the DCL and the workers agreed to remove badges but demanded that the suspensions should be revoked. Roy George signed for this only after repeated persuasion of the DCL.
In this period the Kuniamuthur unit workers were harassed thoroughly by the management. Kuniamuthur workers are those who were taken back for work by the management as the SC directed in favor of the workers. All of them are vanguards. The management never wanted them and was attempting to throw them away for some reason or the other constantly. On 19.09.2009 workers came home after their shifts. 20.09.2009 is Sunday and holiday. They went for work on 21.09.2009 and found to their shock that the gates were closed and they were informed that the factory is closed and that they are dismissed.
Now CII is raising hue and cry about Pricol incident. Will CII come out with any statement about the plight of the workers and the exploitation they were subjected to all these years?
Central Labor Minister Mallikarjun Karge is asking the TN government to send a report about Pricol happenings. What was he doing all these days when Pricol workers were fighting for their dignity and livelihood?
Who will answer for the economic death of the workers who were dismissed or suspended?
Which Minister raised question about the families of 1500 SVU workers and OCLs who were thrown out by the management?
Mr. Vijay Mohan never honored the GOs of the TN government, directions of the labor department and judgments of HC and SC. Who will prosecute him?
Are workers who made Rs. 40 crores into Rs. 4000 crores terrorists? Or Vijay Mohan who trampled upon the dignity and livelihood rights of the Pricol workers for over 30 years a terrorist?
There are more unanswered questions in the minds of Pricol workers. Who will answer them?