Wednesday, 8 August 2012

MEMORANDUM TO UNION LABOR MINISTER


MEMORANDUM
Dated: - 09.08.2012
To
The Union Labor Minister
Shram Shakti Bhawan ,
Rafi Marg, New Delhi-110001

Subject: - Memorandum on behalf of Mass Organizations in solidarity with workers of the Maruti Suzuki India Ltd. Manesar

Sir,
 We the undersigned organizations have come to apprise you with rampant violation of labor laws in Maruti Suzuki India Limited (MSIL) and repression of workers movement. As you are aware that Manesar plant of Maruti Suzuki India Limited (MSIL) witnessed unprecedented violence on 18th July 2012 when 150 bouncers (hired goons of MSIL management) attacked workers and vandalized the plant and set fire in a portion of the plant.  Aftermath of the incident, 110 workers has been arrested and more other arrests are apprehended. Haryana government has set up special Investigation team (SIT) and Shri K.T.S. Tulsi senior advocate of Supreme Court of India has been appointed as special P.P. There is demand from the management of MSIL to set up fast track court for trial of cases against the workers.  Haryana government has conceded the demands raised by the management and ready to bow before MNC giant.
We would like to apprise you with the actual story of the 18th July 2012 which has been deliberately not published in the corporate media. The incident of 18th July 2012 is not an isolated incident but in it’s background there is management’s ploy to super exploit the workers in inhuman working conditions on extremely low wages corresponding to their work input. As per the Annual Industrial Survey report 2009-10, average value added by worker of auto sector, per worker P.A.  has increased from Rs. 2.9 lacs in  2001 to Rs. 7.9 lacs in  2009-10. However the wages corresponding to their addition in value has declined from   27.4% in 2001 to 15.4% in 2009-10.  These figures are concrete evidence of super exploitation of workers of auto sector which is in it one of the most flourishing industry in India.
In post ‘new economic policy era’ workers in general has been put to hard ship by the conscious policy of government in power.   The management side is getting strength from anti-worker economic policy of government of India. There is undeclared abandonment of existing labour laws once promulgated under pressure of national and international labor movement. Policy of hire and fire, contractualisation, casualisation has become norms.
Haryana Government, who claims to be fast growing economy, is worst in protection of labor rights guaranteed under constitution of India and other laws of the land. Labor department and state government is well aware with the rampant violation of labor laws in these companies like other industries situated in Gurgaon- Manesar belt, however they do not feel any necessity to intervene in the matter to check the super exploitation of workers by the management. Contrary to their administrative responsibility assigned under the law of the land, they are hobnobbing with the management and resorted to repress the workers movement.
 MSIL workers of Manesar unit were trying to register their own independent trade union which is their legitimate legal right; however management of MSIL was adamant to stop the registration of independent trade union of MSIL workers of Manesar unit.   In order to stop it, they had suspended a large number of workers in 2011. Workers started agitation which finally came to its end when management’s nefarious design had its way and worker’s leadership was won over. Some how in March 2012  new trade union was registered , but from the very beginning , management of MSIL   started conspiracy to break the unity of the workers on one pretext or the other.
The incident of 18th July is one stark example of management manipulation to push the worker in corner. In the afternoon of 18th July, a supervisor in the shop floor abused and made casteist comments against a dalit worker of the permanent category, which was protested by the worker. Instead of taking action against the said supervisor, the management immediately suspended the worker concerned without any investigation as was demanded by the workers. When the workers along with Union representatives went to meet the HR to demand against the supervisor and revoke the unjust suspension of the worker, the HR officials flatly refused to hear worker’s concern. The management’s attitude was quite clear: they were in no mood to resolve the issue amicably. They had another nefarious design in their mind. More than 150 bouncers (private goons on the roll of management) were called from outside the plant to attack the workers. They blocked the ingress and out-gress of the plant with clear motive to attack the unarmed workers. This is criminal act on part of the management which must be condemned and immediate cognizance of the issue must be taken by those who are responsible for bringing out industrial peace. The move of the management caused fear in the mind of workers and chaos prevailed over efforts of worker’s union to arrive on an amicable settlement.
In melee one executive from HR department died due to suffocation caused by smoke generated through fire set by the bouncer (As per cause of death ascertained in MLC/postmortem report).
As alleged by Maruti Suzuki Workers Union (MSWU), the bouncers brutally attacked the workers with sharp weapons and arms.  It has been further alleged that they were joined by some of the managerial staff and police who brutally beaten up a number of workers who have been hospitalized with grievous injuries. Maruti Suzuki Workers Union (MSWU) has further alleged that bouncers also destroyed company property and set fire to a portion of the factory.
It would be totally absurd to blame workers for the incident of 18th July 2012. Since a long time, the workers were demanding recognition and registration of their union which is their legal right guaranteed under Indian constitution, however management is not ready to give them even inch of space for their right of association and making a platform to put their collective demand for improvement of their working conditions. Labor department, local police as well as civil administration are also on the management side making the workers condition vulnerable. Workers of Maruti Suzuki India Pvt. Ltd. have been burdened with 103 point, code of conduct which is unique in its nature and alien to the industrial atmosphere where worker is held responsible for violation of code of conduct, if he spent 2 more minutes during urinating or do not wear good looking clothes. It is pertinent to mention here that generally there is 12 point code of conduct in other industrial unit. Management often try to break the unity of the workers and for that purpose keep conspiring. The incident of 18th July is result of management’s nefarious design. The response of government machinery shows total apathy from the state government, its labor department, civil as well as police administration towards worker’s cause. Workers are facing tough time due to highhanded approach of Maruti management, who is in clear connivance with state government and its labor department and they are entirely responsible for the prevailing industrial relations in the Manesar unit of Maruti Suzuki India Pvt. Ltd.
 Haryana government claims that it has gone ahead with industrialization of the state; however we have found that these are hell for the workers. No job security, no wage norm, no labor law and sheer exploitation of the workers are only norm in these industrial areas of Haryana.
We undersigned organizations feel that the management of Maruti Suzuki India Pvt. Ltd. is entirely responsible for18thJuly incident. We also condemn aftermath police action on innocent workers and response of the state apparatus.
We demand that:-
(1)   An independent inquiry by reputed agency of government of India be constituted immediately and scope of inquiry be enlarged to include the role of management in background of incident and in the incident of 18th July 2012.
(2)   Innocent workers who have been falsely implicated in this case be released immediately and witch hunt of workers be stopped immediately.
(3)   All F.I.R. registered against the workers be quashed.
(4)   103 point code of conduct imposed upon workers be quashed.
(5)   Bouncers involved in the incident of 18th July 2012 and managerial staff responsible for employing bouncers must be arrested immediately.
(6)   F.I.R. under S.C./S.T. prevention of atrocity act be registered against supervisor who have made casteist abuse against worker.
(7)   Stop atrocity on worker’s movement.
(8)   Restore labor laws and abolish contract labor system in Maruti Suzuki India Pvt. Ltd as well as in other industries in Haryana.
(9)   Stop super exploitation of workers and drastic decline in worker’s wage.
(10)           Restore worker’s right.

All India Federation of Trade Unions (New)                           Inqalabi Mazdoor Kendra
ICTU                                                                                     Mehnatkash Mazdoor Morcha
Shramik Sangram Committee                                                  Workers Unity Trade Union
Mazdoor Patrika                                                                     Shramik Duniya
Caste Annihilation Movement                                                  Krantikari Lok Adhikar Sangathan
Krantikari Naujawan Sabha                                                    Krantikari Yuva Sangathan
Pragatisheel Mahila Ekta Kendra                                             People's Democratic Front of India
People's Union for Democratic Rights                                       Radical Notes
Sanhati-Delhi                                                                           Students for Resistance
Correspondence                                                                      Noros
Vidyarthi Yuvjan Sabha

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