A WRITE-UP ON MY EXPERIENCE IN NAVAL DOCKYARD,MUMBAI
Ajaya Kumar Samantaray
Chief Labour Commissioner (Central) - Retired , Ministry of Labour and Employment, Government of India
SOME REFLECTIONS IN INDUSTRIAL JURISPRUDENCE:TRADE UNIONS, COLLECTIVE BARGAINING, PRIVILEGES, DISCIPLINE, WORKS COMMITTEE, CONTEMPORARY HAPPENINGS, LEGAL PERSPECTIVE AND MY TRIALS AND TRIBULATIONS FOR NINE AND HALF YEARS IN NAVAL DOCKYARD,MUMBAI.
AJAYA KUMAR SAMANTARAY, DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL),DHANBAD: 826003
PRELUDE : Before going to discuss the legal frame-work of trade unions, I think it would be in fairness and fitness of the subject to give a simple definition of “trade union” in an ordinary parlance. In a layman’s language a trade union may be defined as follows:
“A trade union is a continuous and voluntary association of persons in any trade or industry, who are wage earners. A trade union is formed for safeguarding the interest of the members by whom it is formed.”
From the above simple definition we can bring out certain characteristics. The characteristics are:
(a) A trade union is an association of workers.
(b) It is a relatively permanent combination of workers.
(c) It is an association of workers viz. wage / salary earners engaged in securing economic benefits for the members.
(d) The character of trade union has been constantly changing with the changing course of time.
(e) The origin and growth of trade union movement is being and also has been influenced by a number of ideological issues.
On the basis of the above analysis, it can be summed up as follows:
A trade union is a device/mechanism which enables a group/class in trade/industry/services to bargain/negotiate with any other class or group on equal footing. Such union/association is :
(a) Economically Oriented
(b) A mechanism or let us say a system of defence against exploitation of workers.
(c) An outcome of industrialization that implies class distinction.
Trade Unionism: The Guiding Principles
(i) Unity is Strength : The guiding principles of trade unionism is “unity is strength”. While referring to this maxim, I remember a couplet of a poem written by William Longfellow in his poetry titled “Hinwatha”
“All your strength is in your union, All your danger is in your discord;
Therefore, be at peace henceforward And, as brothers, live together”.
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(ii) Equal pay for equal work or for the same job: This principle, in fact, has been enunciated in Article 39(d) of Constitution of India under Directive Principles of State Policy. If this has a bearing on the fundamental rights part, this Article can be made enforceable in Court of Law.
(iii) Security of Service: This principle enjoins upon trade unions that they ensure social and economic security for their members.
THE OBJECTS AND FUNCTIONS OF A TRADE UNION
The objects and functions can basically be divided in to two broader categories as follows :
A. Militant or Protective: Under this division, a trade union is primarily concerned with obtaining better conditions of works and of employment for its members through such militant activities as strikes and boycotts, which are generally resorted to when efforts at collective bargaining fail to bear results.
B. Fraternal, Ministrant or positive : This relates to the provision of such benefits as sickness and accident payments, A trade union, may, at times, offer financial support to its members during strikes and lockouts and during period of temporary unemployment.
THE LEGAL PERSPECTIVE
- RIGHT TO FORM A TRADE UNION
It flows from Article 19 (1) (c), of Constitution of India viz. Protection of certain rights regarding freedom of speech etc. Clause(c) of the Article provides to form associations or unions.
Under ARTICLE 19 (1) (c), Trade Unions Act, 1926 has been enacted
- WHAT IS A TRADE UNION ?
(a) Any combination of persons.
(b) The Combination may be temporary or permanent
(c) Formed primarily for the purpose of regulating the relations between workmen and employers.
(d) may also be formed to regulate the relations between workmen and workmen.
(e) may also be formed to regulate the relations between employers and employers.
(f) Aims to imposing restrictive conditions on the conduct of any trade or business
(g) Includes any federation of two or more trade unions.
TRADE/INDUSTRIAL DISPUTE : WHAT IS ?
Any dispute :
(a) between employers and workmen
(b) between workmen and workmen Contd..3/..
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(c) between employers and employers
(d) connected with the employment or non-employment
(e) connected with terms of employment or the conditions of labour
WHY TRADE UNIONS ARE FORMED?
(i) To protect the service interest of the workers (members)
(ii) To prevent Unfair Labour Practice.
(iii) To represent an individual worker or a group of workers in matters pertaining to industrial disputes.
(iv) To represent the workers before the management to further their service interest.
(v) To participate in the process of collective bargaining
COLLECTIVE BARGAINING-WHAT IT IS ?
The term “collective bargaining” has not been defined anywhere in Trade Unions Act, 1926 or Industrial Disputes Act, 1947. It cannot be said that “collective bargaining” is a legal term. It can best be called a colloquial term used in industry. But it should not be forgotten that “COLLECTIVE BARGAINING IS THE PRINCIPAL RAISON D’ETRE of trade unions”. The term “Collective Bargaining”, as an industrial relation concept, takes up the matter concerning service conditions of the workmen, truly represents the employed in the industry, the trade union is first required to get itself registered under the provisions of Trade Unions Act, 1926.
WHY SHOULD AN UNION BE REGISTERED ?
* Registration of the trade union gives it a stamp of due formation and assures the mind of the employer that the trade union is an authenticated body.
COLLECTIVE BARGAINING : A LITERAL DISSECTION
A trade union, for example by name “XYZ union” could be a proper noun but on legal dissection, we would certainly find that it is the collection/congregation of persons who have agreed to form an entity to further their service interest. From this angle, it would not be wrong to say that Trade Union is also simultaneously a collective noun.
The Trade union office bearers like President, General Secretary, Organizing Secretary, Treasurer and other office bearers sit in negotiation with the management on behalf of large number of workers. This mechanism is called collective bargaining.
TRADE UNIONS AND INDUSTRIES
Trade Unions can be formed in industries, viz in Navy, we have got industrial establishments like Naval Dockyards in Mumbai, and Vishakhapatnam, Ship repair yards at Cochin and Karwar, Ship building centre at Vishakhapatnam and Naval Base at Goa. These establishments fall within the definition of “industry” as defined under section 2(j) of the Industrial Disputes Act, 1947. In Naval Dockyard, Mumbai we have in all 6 unions out of which 3 unions have been recognized by Ministry of Defence. “Recognized Unions” means those trade unions which can participate in collective bargaining as sole bargaining agents. The other 3 unions are not recognized and thus cannot officially participate in negotiations/collective bargaining.
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THE WEAPONS USED BY TRADE UNIONS
The trade unions, while pressing their demands, use certain weapons as follows :
1. Strikes
2. Picketing
3. Gherao
4. Go slow
Strike has been sub-divided to the following forms :
a) Stay in strike
b) Tool down Strike
c) Wildcat strike
d) Flash strike
e) Hunger strike
f) Relay Hunger strike
But the Industrial Disputes Act, 1947 has only defined the term “Strike” in Section 2 (q) as follows:
“Strike” means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.
In Industrial Disputes Act, 1947; only the term “strike” has legally been defined. The other concepts like “Go Slow” “Hunger strike” and “Gherao” etc. have not been defined. From this a conclusion may be drawn that the other concepts are not recognized forum of industrial action.
A strike could either be legal or illegal. Whether a strike is legal or illegal, can only be decided by Labour Courts or Industrial Tribunals.
The Defence establishments/installations have been notified to be Public Utility Services under Section 2(n) (vi) of Industrial Disputes Act, 1947 [First Schedule, entry no. 8]. In such establishments, trade unions cannot go on strike without serving notice. It would be quite pertinent to reproduce section 22 pertaining to strikes in public utility services, which is as follows :
Prohibition of strikes - No person employed in a public utility service shall go on strike in breach of contract.
(a) Without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking;
[Six weeks notice beforehand should be served on the employer]
(b) Within 14 days of giving such notice; or
(c) before the expiry of the date of strike specified in any such notice as aforesaid; or
during pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
Note: if any of the above proviso is violated, the strike may be declared to be illegal.
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STRIKE IN DEFENCE ESTABLISHMENTS
Any union or unions, proposing to go on strike in defence establishments, have to conduct a secret ballot. If at least 3/4th of the workers vote in favour of the strike, the union or unions can go on strike. Most of the registered and recognized trade unions have incorporated this proviso in their bye-laws.
WHAT COULD BE THE CONSEQUENCE OF AN ILLEGAL STRIKE ?
Whether a strike is legal or illegal can be declared so by a Labour Court of competent jurisdiction. If it is proved that a strike is illegal, apart from losing wages for the strike period, the strikers may even be subjected to disciplinary action. The days, during which the strikers went on strike, may be treated as “break in service” You are aware that now-a-days, the courts do not appreciate the employees /workers to go on strike. The Supreme Court, in 2003, came down heavily on the strikers in the case of T K Rangarajan vrs. Govt. of Tamilnadu and others [2003-04 SCLJ 1373 : 2003 (98) FLR 1009]. It has been ruled by the Hon’ble Supreme Court that there exists no fundamental, statutory, equitable legal or moral right or justification with government servants to go on strike (Date of Judgment 6 August 2003).
WHETHER STRIKE IS A FUNDAMENTAL RIGHT ?
Some times, some unions argue that since formation of unions or associations is a fundamental right they have got a fundamental right to strike. This conception is ill-conceived and misconceived. This is due to the fact that no government or authority would ever permit workers to go on strike. Article 19(1) (c) of the Constitution provides for formation of unions/associations. That itself cannot be a permission to the workers to go on strike. In Trade Unions Act, 1926 and also in Industrial Disputes Act 1947; the workmen have not been permitted to go on strike. The Industrial Disputes Act, 1947 only spells out the measures to be taken if the workers go on strike. Thus resorting to strike by the workers is neither a constitutional(Fundamental) right nor a legal right. Right to strike does not exist in any law in our country.
THE EXTENT OF IMMUNITY TO TRADE UNION ACTION
Sometimes, some trade union leaders feel that being in trade union they can do whatever they like. They also feel that since they are the office bearers of an union, they have the licence of not to work. At times it has been seen that they record their attendance at the main gate of the factory by punching/swiping the card but at the workplace they are not found. When disciplinary action is initiated, they complain of unfair labour practice and even sometimes they abuse their positions as trade union leaders. For example the workers, who are the office bearers of the union, use the union letter-head for their personal grievance and sign the complaint as office bearers and send the same directly to Ministry and Departments. This is blatantly wrong and at the same time outrageous. A trade union leader cannot abuse his position in this manner taking the administration to ransom. In my considered and well thought out views this is a black mailing tactis adopted to coerce the management to toe the line of the union for which there is no legal backing for the unions with reference to judicial pronouncements, which are as follows:
1. Industrial peace, harmony and optimum output : A learned Division Bench of the Honourable High Court of A.P. in the case of Indian Airlines Ltd vrs. Indian Airlines Technical Assistants union (1998-III- LLJ-961) has stated as follows:
“ The Trade Union Act confer certain rights on the registered union to ventilate the grievances of the members of its union. The management is obliged to hear them and resolve its dispute as far as possible without resorting to conciliation and adjudication process “from the grant of right of hearing it is expected that there is industrial peace and harmony and consequently optimum output”
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2. No Concession on Unauthorized Absence: It has been seen that some trade union leaders, under the guise of Union’s work, absent themselves from the workplace without informing the Management. They think that it is their legitimate right to do so. There is a judicial answer to the same in the case of Burn and Company vrs. Their Workmen (1957-I-LLJ-450). In this case the General Secretary of the Union was dismissed for his continued unauthorized absence. The Honourable Supreme Court observed that the conduct of the General Secretary was highly irregular and he should have applied for leave and that he was not entitled for any relief from the order of dismissal passed by the management.
3. Trade Union Leaders cannot claim to be doing only unions' work: The Hon’ble High Court of Madras, in the case of Tamil Nadu Electricity Board Accounts Subordinate Union vrs. Tamilnadu Electricity Board and others (1984-II-LLJ-478), has handed down a judgment. The relevant portion is reproduced below :
“Trade Unionism is recognized all over the world but that does not mean that an office bearer of the union can claim as of right, that he can do union work during office hours. When the workmen were given a concession, dictated by the then prevailing circumstances, it should not be considered an inviolable right (underlined/italicized for emphasis)”.
4. Trade Unionism is not a licence not to do industry’s work: The Honourable High Court of Madras, in the year 1994, in the case of Tamilnadu Electricity Board Subordinate Union vrs. Tamilnadu Electricity Board and others (1994-I-LLJ-1128) has handed down another judgment, the gist of which is as follows:
“………To say that a workmen on the simple ground that he happens to be an office bearer of the Union must be totally absolved from obligation to do any service to the employer, throughout while he happens to be an office bearer will certainly bring an anomaly with regard to the concept of condition of service and change in the condition of service….”
5. No change in status: If some of the employees of an industry become the office bearers of an union that itself cannot (and also does not) bring any change in their status viz. they remain workmen only, not any extra-legal or extra-constitutional body. The High Court of Madras, in the case of Federation of Indian Bank Employees Union vrs. Management of Indian Bank (1994-II-LLJ-497) in the year 1994, has delivered a judgment, the substance of which is as follows:
“The status of the employees does not change even if they become office-bearers of the recognized union. Their terms of employment are governed by the contract of service or by such statutory rules which determine the conditions of service of employees. Therefore, no office bearer employee could claim as a condition of service, freedom to indulge in trade union activities………”
The subject of Trade union is very vast. But due to constraints of space and time it is not possible to elaborate the subject further. At the light of what have been discussed herein before, I, now proceed to outline certain assumptions, which are as follows;
1. Right to form unions or Associations is a fundamental right.
2. Right to strike is neither a constitutional right nor a legal right.
3. Trade unionism may be termed as a conventional/traditional right which is likely to change in the course of change of time and circumstance. This maxim can be called “Law in a Changing Society” as convention or custom is considered as law, It would be quite pertinent to know that 2 or 3 stray incidents can not be considered to be a custom, which could be treated as law.
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4. Unions survive only if industry survives or alternatively, the industry can survive without the union/s but no union can survive without industry(the macro concept)
5. The Trade Unions should not forget that production, productivity and optimum production are the key parameters for the survival of industries; without industries, there could be no trade union.
6. The trade union office bearers are paid for doing the industry’s work not for trade union activities. They should not think that they have got a licence not to do the industry’s work under the guise of trade unionism,
7. Trade union office bearers do not become extra-legal or extra-constitutional bodies once they occupy certain posts in the union. Their status remain as workers.
SOME CONTEMPORARY HAPPENINGS
It has been noticed that in certain govt. establishments Trade Unions are resorting to untoward behaviour which is not in good taste. Probably, the Unions have started thinking that they have become extra constitutional authorities/bodies and can do, speak, propagate and write whatever they like. Certain examples are as follows :
(a) In a Workshop, in April 2011 a trade union leader and also a works committee member shouted and kicked the machine resisting the policies of the management on identity cards. Their grievance being that introduction of identity cards of certain type should not be resorted to as it violates human rights. Have you ever heard such ridiculous arguments?
(b) In the month of February 2011, before presentation of budget in the Parliament, one union pasted posters at prominent places (gates) wherein it was written “PARLIAMENT PER HALLA BOL”. It is interesting to note that some office bearers of the said union were granted special leave to go to Delhi on the pretext of union’s work. Whether “Parliament Per Halla Bol” is an union’s work and whether special casual leave can be granted for Parliament Per Halla Bol?
(c) In the month of April 2011 one Union pasted posters at prominent places of an establishment wherein it was mentioned “Mazdoor Virodhi Congress Government”……..Have you ever heard govt employees writing slogans against govt!!! According to Conduct Rules a govt employee should not criticize govt policies or law made by Parliament. If done, such employee can even be dismissed from services.
(d) On 31 March 2011, in a govt establishment at prominent places 2 unions jointly pasted a poster “Paresan Kamgar Ko Aur Paresan Mutt Karo”. Some workers were asked by the employer to vacate some dangerous buildings so that such buildings can be repaired. If an employee vacates the building he/she gets house rent. But some unions, in order to derive cheap popularity and to show lip sympathy, paste posters citing derogatory slogans. Is it Trade Unionism or Moral Bankruptcy?
(e) On 8th June 2011, in a Govt. Organisation in Mumbai a Trade Union gave a call for hunger strike as a person who was the Vice President of that Union was transferred to a place within a distance of 12 Kilometers in Mumbai City. He does not want to go there for which the Union gave a hunger strike call. Interestingly, the said Vice President was a Group B (NGO) employee and is not eligible to become even ordinary member of a trade Union. When asked about the same an Executive Committee Member started showing a letter of DOP & T which stated that employees drawing a grade pay of Rs. 4200/- can be members of JCM. He also showed a voters’ list of February 2010 to prove that the said Vice President voted in the last election. That person in Feb 2010 was a Group C employee but due to merger of posts he became a Group B employee with effect from August 2010. The Executive Committee Member, who was showing the irrelevant
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papers has a big story behind him…..he stayed in the govt. quarters allotted to an UDC on sharing basis but the UDC never stayed in that quarters. Thus he occupied the entire quarters and stayed there and also drew house rent every month. He told the UDC that he would arrange employment for his son in the government establishment. When the said Executive Committee Member was caught and asked as to why he has not obtained sharing permission officially, he complained that the Estate Manager forced the UDC to write against him (the Executive Committee Member). Thus, when caught on committing illegal acts, they start accusing the officers. Is it not strange?!!!
(f) In some establishments it has been seen that the unions, who poll little more than 15% of the total votes, nominate 100 persons to the Executive Committee and ask for special casual leave for the said 100 persons to attend Executive Committee Meeting. Not only that, the unions, apart from Executive Committee Meetings, keep asking for special casual leaves from 3 to 12 days for various persons under the following pretexts:
(i) Our Federation’s General Secretary has come to Mumbai. To accompany him to various units we need the services of one person for 12 days. The said person may be granted 12 days special casual leave.
(ii) We are deputing 4 number of persons for union’s work for 3 to 4 days. They may be granted special casual leave. (Where such persons are deputed and for what purpose is not mentioned). If asked the union says that the establishment is interfering in their union activities. In fact by asking special casual leave they are interfering with production activities.
(iii) Our union / Association is sending a person to 2 local units to collect details on MACP and counting of casual services…..special casual leave for 2 days may be granted.
(iv) Shri XYZ’s services is required to update membership register/ preparation of agenda / preparation of papers for EC Meeting/preparation of records….he / they may be granted special casual leave……
(v) In one case an union was asked as to what is the justification of granting special casual leave for updating registers/records when the same can be done on holidays. In reply the union wrote that to maintain industrial harmony in the establishment they need special casual leave.
(g) In July 2011, in a government establishment, some so called trade union members barged into the office room of an uniformed officer and started threatening him. One person, who came to that establishment from another establishment on a punishment transfer due to his indulgence in violent activities, even dared to tell the officer that ………..if he comes outside without uniform they will show him what they are. Is it trade unionism or hooliganism !!!
(h) In June 2011, one union asked for special casual leave for 3 persons without giving the detail/s viz. exact nature of work, the place they are going………..etc. When the establishment asked about the same the union wrote back “this is interference in union’s activities and their union would not tolerate this”. See the audacity of the unions….they venture to threaten….!!! Is it trade unionism or industrial terrorism…..!!!
The trade union functionaries in certain establishments have started thinking that it is their birth right to claim special casual leave under the pretext of unions’ work. As if they are doing a favour to the organization by forming unions. Union is a private body to take care of individual private interest of its members. It is not understood as to why huge public money and time should be spent for unions’ work. Cannot the organizations run without unions? When the administration is weak or gullible trade unions start dictating terms. Not only that, some unions/associations also venture to write that granting of casual leave is not a mercy of the establishment, see their audacity....as if the establishment is legally bound to
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grant them special casual leave. If government’s money and time is being wasted they are not bothered…. They want special casual leave for unions’/ associations’ job……Is it not strange and at the same time irritating? You would be surprised, these are facts….in some government establishments the administration wants to be goody….goody….because it is weak and gullible…..officers fear for anonymous letters…..tool down……their promotion may not happen….due to this self – centric attitude the administration suffers and the workers start dictating terms…..you can ascertain the character of the unions from the above contemporary happenings.
(i) In June 2011 when I had been to an organization as an observer, I asked an officer about his Boss…. “how is your Boss as far as his administrative capability is concerned?” He replied, he is “diplomatic”…..what does it mean….in official jargon it is “apprehensiveness”…..a person who is diplomatic cannot say “yes” or “no” to a particular situation….diplomacy means “goody….goody”. I worked under a person for 4 years during 1997 to 2001 who was a distinguished scientist in one DRDO Lab…he was blunt….in one meeting with union leaders he told…..”I can look after your welfare provided you are interested in work, if you are not interested in work I am not interested in you”. Not very long ago I worked under an officer, who, once told some union members….see my capacity is limited…I can do limited things within the rules….if you are not satisfied you can write to whomever you like and get the things done….I do not mind” There was another officer, who would tell his Assistant…Mr. G V just note it down….when next time I go to Delhi remind me, I will get it done….in reality he did nothing and passed his time and went out. I am sharing my experience with you…..which I have faced.
(j) In some Government organizations there are Shop Committees. If you go through their jobs they virtually do nothing. You will find them near Canteen, Cold Drink Kiosks or Snacks bars. They do not do any work under the guise of being Shop Committee Members. Some go to the Bank with the passbooks of workers and get those updated and distribute to the account holders. There are some who are habituated of quarreling with the Managers. Sometime back a Shop Committee Member thumped the table of his superior so forcefully that the table glass was broken and he was charge-sheeted. When he was punished, he started telling a story that it was not his intention to break the glass, he was unhappy with the Manager’s response regarding facilities at the centre and settlement of dues of a deceased employee……etc. The same gentleman, in the year 2010 while participating in a sports event started collecting signature of more than 100 employees making certain complaints. It is a well known fact that on a matter of common interest joint representation should not be made. If somebody makes or caused to make a joint representation it is considered as a misconduct for which the signatories to the representation can face disciplinary action. When the matter was reported to the Welfare Officer, he issued a circular by citing the incident which created flutters among some trade union leaders. In a Works Committee Meeting one Works Committee Member raised the issue. When he was told about the “Dos” and Do nots” from the conduct rules he replied that he knows the same….. and there is no need to teach him….. on the circular issued by the Welfare Officer, he commented, “Yeh toe Dhamkane wali baat hai, Aisa karke worker ko daraya ja raha hai”. He intends to say that it is the birth right of the workers to commit misconduct. The then Works Committee Member himself does not do any work;….under the guise of official work (pension work) he frequently visits his home state and goes to his home under the guise of official tour……..Not only that in 2009 he was pressing the name of the same Shop Committee member for security staff duty in the colony. While giving the name to the Administrative head, he told that the said person is “DCP rank” (for some days that Shop Committee man worked as a homeguard. His residence is just 7 kilometres away from the colony and it is very easy for him to go to his house whenever he wants……….this is the reason he wants colony duty though he is a technician / industrial worker. In the said Government organization statutory committees like Works Committee, Safety Committee and Canteen Committee are functioning but in spite of that in every centre there is Shop Committee though the same is not a statutory committee.There are 121Shop Committee members
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who do not do any work but take salary and also overtime allowance. The Administration does not have the courage to stop the same. The leaders say that winding up the shop committees would lead to unrest. Have you ever seen such funny establishments???
(k) There is one trade union leader in one government establishment. I will narrate his typical behavior as follows :
(i) He used to punch in, come inside the establishment but will not be available at the place of work. He says that since he is a trade union leader he has to visit various Centres to interact with workers; he should not be asked to do any work. He was charge-sheeted and punished which was upheld by the Appellate Authority but on a memorial his penalty was wiped out. He lodged a complaint of unfair labour practice but the same was not successful. His argument was that since his punishment was wiped out on memorial the Punishing Authority should be prosecuted. Is it not funny? Is the trade union leader not a fool of third degree? (deliberately I use strong words looking to the behaviour of such workers)
(ii) One workman got dismissed from the services as he was convicted by a Criminal Court for the offence of rape. The same trade union leader came to me in 2007 and started arguing that he has gone on appeal. He should be taken back in services. He did not commit the crime. I asked him, “how did you know that the convict did not commit the crime?” Were you watching the same in the said house ?
(iii) He was buying milk from a vendor in the colony. When the milk vendor asked money he threatened him that if he asks for money he (the so called leader) will stop his business inside the colony. Have you seen such trade unionism?
(iv) There is a cable operator in the colony. He proposed to increase the cable subscription from Rs. 80/- to Rs. 120/-. The same leader shouted that Rs. 120/- is too much but now the cable operator charges Rs. 150/- per household per month. The trade union leader is enjoying cable connection free of cost.
(v) There are some trade union leaders who have installed unauthorized Air Conditioners in their quarters (without taking permission from authorities). You know what should be the electricity bill per month if one Air Conditioner is installed but they pay Rs. 200/- to Rs. 300/- per month toward electricity. The meter readers always take wrong reading. Thereby the trade union leaders are duping / cheating the government. Can you trust such leaders who are cheats and frauds?
WORKS COMMITTEE : CONTEMPORARY HAPPENINGS
The esteemed readers are aware that Works Committee is an Authority under Section 3 of the Industrial Disputes Act, 1947. An industrial establishment ,where 100 or more workmen work, should have a works committee. The aims and objects of Works Committee is to promote industrial peace, amity and good will and to look after “WELFARE” side of the workers but in the contemporary scenario the role of the Works Committee has changed drastically to the advantage of Works Committee members at the cost of government money and time. The members of the works committee interferes in administrative matters like pay and allowance, promotion and even transfers. The Works Committees in industrial establishments are controlled by trade unions. In some establishments you will find the concept of ruling faction and opposition faction which is nothing but total politicization. A faction, which becomes successful in electing a Vice Chairman, calls itself the ruling faction. Such faction insists that when the Management effects transfer of employees, it should consult the Vice Chairman of the Works Committee. You would be surprised
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to learn that in some industrial establishments workers are given an impression that the Vice Chairman of the Works Committee is as powerful as the Chief Executive of the organization. By using this misconception some members exploit the workers. I am giving you an example as follows :
In a Government organization, in the year 2009 some employees were transferred out of one campus. All such employees wanted a particular centre because in that centre overtime allowance work is booked heavily irrespective of the need. One Works Committee member ran from pillar to post to transfer back all such employees to the original place from where they were transferred and the gullible administration had already agreed to the same, may be out of generosity or fear (let me say cowardice). When the said member went on casual leave for 3 to 4 days the Vice Chairman of the Works Committee went to that centre and told, “ I have talked to the Higher Authorities about your transfer, they have agreed, I am bringing you all inside”. He did not even knew about the said transfer but he lied, manipulated and misrepresented the matter and collected from each worker Rs. 3,000/- to Rs. 5,000/- . This is how the Works Committees function in some establishments. The workers paid because they will get OT without doing any work.
In the said establishment there were 253 sportsmen. All the year round, everyday, those 253 persons were availing sports practice leave for half day 8.00 AM to 12.30PM (though sports practice leave is upto 11.30 AM). They will punch in after lunch hour and report for work at 1.00 PM. This was going on for years together. You would be surprised that persons, who were not sportsmen were also availing leave because they were recommended by some Works Committee members or some unions’ office bearers. You know the daily /monthly wage/salary of a government employee who has worked for 15 to 20 years. It would be Rs. 1200/- per day. The daily loss to the organization was as follows :
(a) Wage loss Rs. 700.00
(b) Loss of Production Rs. 700.00
Rs. 1400.00
(c) Equal amount paid OT to
recoup the lost production Rs. 1400.00
Total Rs. 2800.00 x 253 employees
7,08,400 per day x 23 days x 12 months
= 19,55,18,400/-
Believe me even during rainy season they were taking such practice leave. But the net result was “Zero”. They did not play a single match or tournament but were duping the organization in this manner.
In July, 2011 a senior industrial worker came to a welfare officer in the same organization and asked for some 15 days sports leave as he wanted to repair his house. When the welfare officer asked as to how sports leave can be granted for such personal work, he replied that in the past such leave was being granted and he has availed the same on 3 to 4 occasions. Have you seen such organizations and such employees?
In the said organization there are around more than 50 industrial workers who have been working in the Housing Colony since last 7/8 years though they are ITIs and the organization has spent huge money to train them as apprentices. On some pretext or other (self illness, wife’s illness, father’s illness, mother’s illness) they go on temporary duty to the colony and never come back. They catch hold of some unions or works committee members and cling to the post for years together.Not only that, they show hooliganism there
Contd…12/…
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From the samosa seller they eat samosa and tea free. They threaten the samosa seller that if he asks for money he will be asked to vacate the shop or his rent will be increased…..etc. They also threaten the vegetable venders and fish venders and take vegetables and fish etc. free of cost. There are also some workers who misrepresent to others on ground booking and booking of community hall. They swallow Rs. 5,000/- to Rs. 15,000/- from the parties which is totally unofficial. It so happened that one worker who was in-charge of ground demanded blank cheques with amount only (towards ground charges paid by outsiders) and went on encashing cheques and misappropriated the amount. When he was caught he was simply transferred back because the Manager, in-charge of colony belonged to his State. He never returned the money to the Estate Office.
There is a worker (now a gazetted staff) who takes around Rs. 55,000/- per month but issues 10 to 15 books in a week because both of his legs have been paralyzed due to accident which occurred outside the workplace (not employment injury). He narrates a story to everybody as follows :
That he had been to his home town at Varanasi. On the night of Shivaratri he had slept on the terrace and fell down and lost his legs. (now he is on wheel chair)
Is it not funny! For the injury sustained by him at his native place the Government is paying him Rs. 48,000/- every month. Not only that, he has got 2 promotions in the last ten years and due for a third promotion. Is it not outright cheating to the government? Is it welfare? But in fact, the same fellow stealthily went out of the establishment without applying for leave, worked in a Private Shipping Company and lost his legs due to an accident. Got a Compensation of Rs. 15 lakhs and was allowed to rejoin duties.
There is another man in the same establishment, who suffered from tumour some 7/8 years back and under that pretext went for colony duty. He is there since last 7/8 years. His monthly salary is Rs. 36,000/-. He will open the colony gymnasium in the morning and in the evening. Prior to that he was in-charge of community hall. His submission is that he is unable to smell viz. due to tumour his smelling power has been affected…….have you ever heard such funny things? But it happens. Is it not strange? Is this our efficiency? Such persons are backed by some union or works committee people. The said worker does not online trading of shares in his house by his own computer. What a job!!!
There are some physically infirm workers who should be rendered medically unfit and sent on disability pension but government rear them without getting a single paise’s work…..is it welfare or duping the government.
There are some employees in the said colony who are engaged in private construction work, some run vegetable and bête shops in the name of family members in the colony and some do money lending business……etc. This has been going on for years together.
POLITICISATION OF WORKS COMMITTEES
In some establishments Works Committees are politicized. In the year 2007 a member of a Works Committee proposed a NO CONFIDENCE MOTION against the Vice Chairman by collecting signature of 6 members. The Vice Chairman was given a copy calling for comments. He wrote that since there is no provision in the law NO CONFIDNECE Motion cannot be brought. But in the year 2001 the same fellow had brought a NO CONFIDENCE MOTION against the then Vice Chairman which was admitted in the year 2007 the person bringing the NO CONFIDENCE MOTION cited same circular / letter issued by a Department. Of course the same was not agreed to.
Contd…13/…
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Very recently (February 2012) some Federations gave a call for All India Strike wherein unions functioning in certain Central Government establishments participated. In one establishment the Vice Chairman of the Works Committee did not participate in the strike. He was not an industrial worker, he was a clerical employee. Nine Works Committee members in the said establishment gave a letter to the Head of the establishment stating that they have lost confidence in the Vice Chairman; so a meeting should be called to elect a new Vice Chairman. It may be noted that no reason was given for such “No Confidence”. On March 01, 2012 posters were found pasted at the entrance gates “Gaddaron ko Pahela Jhatka, Humne……Sab ko letter De Diye Works Committee Ki Vice Chairman Change Karne Ke liye”. This is how union / works committees behave now-a-days. It may be noted that Unions / Works Committee are separate bodies. Works Committee has been created under a statute whereas an union is registered under a statute. Works Committee is a statutory official body and an authority under the Industrial Dispute Act, 1947 whereas a union is an association of workers which cannot be called as an official body but still they venture to politicize Works Committees. Of course in the instant case the “No Confidence Motion proposal” was not agreed to as per the following reasons:
(i) That it is a misconduct to sign a letter collectively by a number of persons on a common issue as per the CCS (Conduct) Rules.
(ii) The election of the Works Committee and Constitution of the same is held as per the proviso of the Industrial Dispute Act, 1947 and Central Rules made thereunder. There is no rule or law which says that a No Confidence Motion can be brought against the Vice Chairman.
(iii) There was no proof enclosed to the letter that any or all of the members of the Works Committee had expressed confidence on the Vice Chairmanship of the incumbent. Only when there is expression of confidence there could be expression of no confidence.
(iv) The term “No Confidence” is very much vague. What prompted the signatories to express “No Confidence” must be mentioned clearly. It must be remembered that Work Committee is an official statutory body which is distinct and different from the trade unions. It is not advisable to mix up union activities with that of Works Committee. In an organization of strategic importance where maintenance of discipline is of permanent importance such activities must strictly be prohibited.
(v) The members of Works Committee have no right to politicize the functions of Works Committee thereby causing industrial disharmony inside the establishment.
(vi) Even assuming for a moment (but no accepting the proposal of no confidence motion) that a motion of “no confidence” can be brought, still the motion is incompetent due to the following reason :
“As per Rule 39 of the Industrial Disputes (Central) Rules, 1957 the total number of members of the Works Committee is twenty (Rule 40 may be referred to). The letter was signed by 9 members which constitute “minority”. The statutorily nominated members do not express lack of confidence on the Vice Chairman. Thus the motion does not survive”.
(vii) The aim and objects of the Works Committee is to promote industrial peace, harmony and goodwill so as to facilitate production and productivity. The members have no right to politicize the statutory forum of Works Committee. Contd……14
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In the month of September 2014, in a premier Government organization in Mumbai statutory committees’ elections were to be held. An employee, who was promoted as a Chargeman/ Supervisor (Group B non-gazetted) filed his nomination for contesting the election to Safety Committee though according to Factories Act,1948 only workers can contest the election. You would be surprised to know that in Canteen Committee and Safety Committee elections Chargemen/Supervisors were casting votes though they are superior to workers in post/eank. Hasve you seen such funny situations!!! The nomination paper was rejected during scrutiny and then started a big hue and cry….chunav ladhna hamara hak hai….management hosh mein ao…they also shouted very derogatory slogan against the Senior Welfare, who gave an opinion that a Chargeman is not a worker under Factories Acr,1948 read with Rule 100 Maharashtra Factories Rules.1963.The said Chargeman/Supervisor was the Vice Chairman of Works Committee from 2012 to 2014. Even after becoming a Chargeman he wants to contest the election to the Safety Committee though he was member of safety Committee before becoming the member of Works Committee. They want to remain in some committee to avoid work for which they are paid salary. Not only that, some of them very shamelessly say that they have been doing NETAGIRI for 15 to 20 years and never put on the dangree (boiler suit). How can they work now !!! They have crossed all the limits of shamelessness. The organization does not ask them to work because of the fear that they may disrupt the work…shout at JCM meetings….the Higher Officers want to pass 1 to 2 years time peacefully without any problem so that they get the next promotion. It is strange that very senior officers fear workers. Under such a situation how can we deliver !!! Industrial democracy does not mean industrial hooliganism. We should realize it so that we can do something for this country.
These are some typical examples of the Unions and Works Committees. The esteemed readers may please share their experience.
Day by day the Government’s Economic Policy is changing and it will keep changing to keep pace with the World Economic Order. It must not be forgotten that the work of the Govt. is to govern, not to run industries. Trade Unions, at this juncture, should wake up to the ground reality and try to protect/safeguard the industry so that both industry as well as workers survive. By writing cheap slogans or sentimental lines, welfare of the workers cannot be ensured. It is high time we should think of survival of industry so that the workers also survive.
For the untoward behaviour as described hereinbefore, the concerned persons can be charge-sheeted and even dismissed from services; criticizing one’s own employer (the bread giver) is some sort of sedition and the first step to mutiny whose result and consequence could be devastating and disastrous.
References:
Personnel Management- C B Mamoria
Commentaries on Trade Unions Act – Kharbanda
DISCLAIMER : The ideas/opinion expressed in this article are of Author’s own and should not be substituted for professional advice. (8 December 2014)