People's Democracy

MEMORANDUM TO PM

WE thank the prime minister for his kind gesture in convening this interaction meeting with the representatives of the Central Trade Union Organisations (CTUOs), providing us with the opportunity to place the view points as well as concerns of the working people of the country for appropriate consideration by the Government of India. We are confident that the prime minister will make it a standing practice to hold such consultation meetings with the central trade unions periodically, notwithstanding his many preoccupations.

We had already availed the opportunity of meeting the union minister of labour as well as the pre-budget consultation meeting convened by the union minister of finance and presented detailed memoranda outlining some of the pressing issues for consideration of the government at the present juncture. We are sure that the attention of the prime minister would have already been drawn to the issues highlighted in these memoranda.

We, therefore, desire to confine here to a limited number of issues, which warrant immediate intervention by the prime minister.

The judgement by a Division Bench of the Supreme Court, dated August 6, 2003, had pronounced that "no such right (to strike) exists – whether fundamental, statutory or equitable/moral right with the government employees." And the Court’s dicta went beyond government servants and condemned strikes as unjustified "on any equitable ground".

The entire spectrum of trade union movement had emphasised that the government should take effective steps to negate the pernicious impact of - and clear the impasse created by - the above noted Supreme Court verdict. We fervently appeal to the prime minister to initiate immediate action in this regard, in line with the assurance in the Common Minimum Programme (CMP) adopted by this government, which unambiguously stated: "Rights and benefits earned by workers, including the right to strike according to law, will not be taken away or curtailed."

We also desire that this may please be followed by steps to ratify the core conventions of the International Labour Organisation on the right to freedom of association and right to collective bargaining (ILO Conventions 87 and 98), as also the ILO Conventions 151 and 154, which specifically relate to the rights of those employed in public services.

The previous government had resorted to issuing a notification – brushing aside the objections raised by all central trade unions – through which a new classification of "fixed term employment workman" had been introduced under the Model Standing Order Rules, which will wipe out permanency in all jobs even in the organised sector. We urge the prime minister to rescind this notification forthwith.

This United Progressive Alliance (UPA) government in its CMP had asserted that one of its basic principles of governance would be "to enhance the welfare and well-being of farmers, farm labour and workers, particularly those in the unorganised sector, and assure a secure future for their families in every respect".

We strongly urge that the under noted, long awaited, legislative measures be given utmost priority for ensuring that this basic principle is translated into action:

• Comprehensive Agricultural Workers Bill to guarantee minimum wage and to extend social protection to the vast multitude of agricultural labourers.

• The Unorganised Sector Workers Bill, duly incorporating the unanimous inputs provided by all the central trade unions.

• A legislation to protect women workers from sexual harassment at work places as per the recommendations and guidelines issued by the Supreme Court as far back as August, 1997.

The prime minister had repeatedly emphasised that the pursuit of economic developmental agenda has, perforce, to be with a human face. Accomplishment of this perspective has necessarily to keep in view the twin tasks of ‘employment generation’ and ‘creation of social safety net’.

The ban on recruitment in government offices, railways and public sector enterprises and systematic down-sizing of workforce pursued hitherto by the government has led to severe aggravation of joblessness and unemployment. We urge the government to reverse these measures and to undertake a crash programme for creating jobs to reduce the colossal volume of unemployment.

We also urge that "enactment of a National Employment Guarantee Act, providing a legal guarantee for at least 100 days of employment, to begin with, on asset-creating public works programmes every year at minimum wages for at least one able-bodied person in every rural, urban poor and lower-middle class household", as envisaged in the CMP be immediately implemented.

We impress upon the government to evolve a national social security policy to provide for a comprehensive scheme, for early implementation, covering all sections of workers and extending relief to those who are involuntarily unemployed.

We plead for restoration of the 12 per cent interest on the Employees Provident Fund, all small savings, general provident fund, public provident fund etc.

We note that the CMP had in this regard stated: "Interest rates will provide incentive both to investors and savers, particularly pensioners and senior citizens. The UPA government will never take decisions on the Employees’ Provident Fund (EPF) without consultations and approval of the EPF board".

But, the present pattern of investment of the corpus of the EPF schemes and government guidelines in respect thereof are such that unless the government revises upwards the administered rates of interest on small savings, Special Deposit Schemes etc., which had drastically been brought down from 12 to 8 per cent, the injustice meted out to the workers, pensioners and small savings community, comprising mostly the senior citizens, cannot be undone. The prime minister may please ensure restoration of the status quo ante, as obtaining till June 2002

We also seek improvements in the present social security schemes in consultation with the central trade unions to ensure their better functioning and universal coverage. In particular we urge that the retrograde measure of replacing the existing ‘benefit defined’ pension scheme by a new ‘contribution defined’ pension scheme for new recruits in the government service, with investments channelised to the stock market be reversed.

While we had noted this government assurance in the CMP that "Generally, profit-making companies will not be privatised", we are dismayed by the disquieting developments in respect of Mumbai and Delhi airports, with certain proposals mooted, which will result in privatisation of the Airport Authority of India (AAI). We emphasise that such proposals be abandoned and modernisation of these airports undertaken through public investment for which possibilities do exist even in the present dispensation.

We look forward to the present government strengthening the ethos of tripartism for which a revamp and activisation of various tripartite fora and committees making their composition non-partisan and truly representative. We also desire that the apex tripartite forum of the Indian Labour Conference be taken into confidence on all matters concerning labour, industrial legislations, welfare and social security measures, occupational health and safety and other subjects. The status of the Indian Labour Conference be enriched into a policymaking and monitoring machinery instead of a mere ‘talking shop’, not followed up by tangible actions, which has hitherto been the case.