FACT SHEET ON GRAZIANO DISPUTE
This report is based upon an interview of two workers of Graziano Transmissioni, namely Kapil Kumar and Ajay Dwivedi. Kapil belongs to Saharanpur, UP and had joined in 2003 as apprentice, after completing his ITI. He worked 8/9 months under contractor, which was a sham and then was given permanent appointment in 2004. Ajay Dwivedi was employed in 2006.
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Graziano Trasmissioni at Noida is subsidiary of a Multinational company based in Italy.
The company had started its operations in Noida, UP, in 2003 with a capital of less than 20 crore rupees, which grew over to more than 240 crores in 2008. This extraordinary accumulation of wealth is the result of super exploitation of workers employed at this establishment.
Lalit Kishore Chaudhary, its CEO has been instrumental in establishment and growth of the company.
Industrial activity in the establishment continued round the clock, initially in two shifts of 12 hrs each, i.e. 6am to 6 pm and then 6 pm to 6 am. Though working hours were limited to 8 hrs and the workers were paid overtime for additional 4 hrs, but the overtime was made compulsory for workers. No weekly off was being given. Those refusing to comply were thrown out.
Initially 350 permanent workers were employed as Operators cum settlers, with 80 Trainees/apprentices. About 500 work under the Labour contractors mostly for the job of packaging.
The very first dispute arose as the employers used to make deductions from the wages on false pretexts.
2/3 Dec 2007- First protest of workers started on the issue of demand for rise in wages and against deduction of wages by the employers on the ground that the entry card was not properly punched. Though it used to happen for technical fault in punching system, while subsequent punchings in the day were duly recorded, yet employers in order to harass the workmen used to deduct the wages, on this false pretext. Workers protested.
Getting wind of workers being organized, striving to form a Union, 3 workers were barred by the employers from entering the premises and one Manoj Kumar was terminated. Management refused to recognize the Union, while authorities at Kanpur kept the application of the workers pending in collusion with employers.
4.12.2007- Protesting against the high handedness of employers, 100 more workers were locked out by pasting a notice of lockout outside the gate.
7.12.2007- A settlement took place between the parties, only to be repudiated by the employers later on. Workers’ protest went on.
AITUC, Trade Union Front of CPI, with whom workers remain affiliated agrees with management to restore normalcy first and then negotiate, which workers reject. After this AITUC abandons workers.
24.1.2008- In face of the struggle of workers, employers are constrained to enter into a written settlement with them, inn presence of DLC, Noida etc. On behalf of workers 5 elected representatives participate, among them –Rajender, Kailash Joshi, Pankesh Sharma, Ram Charan and Mohinder. A homogenous Wage revision is agreed with increment of Rs. 1200/- in current year, Rs. 1000/- in second year and Rs.800/- in third year.
February 2008- However, immediately after this settlement, the employers brought in 400 workers under the local contractors namely Virendra Bhati, Manish and one Bhardwaj.
These contractors with a force of 400 at their disposal, started to bully the workers. Since June 2008, these 400 workers started to reside inside the factory premises. The said contractors had also gathered iron rods, sticks and other weapons etc. inside the premises, to terrorize the workers and obviously to deal with the agitating workers, if need be. Apart from this a whole battalion of armed goons in the name of ‘security’ was also employed under contractor. It became clear thus, that the employers were planning to throw out the permanent workers and want to substitute them with these contract workers.
May 2008- To pick up a dispute and provoke the workers the employers refused to employ 5 worker Trainees/ apprentices and ousted them from the premises on the pretext that they handled the job of ‘settling’ of machine without instructions. It is pointed out that no such written instructions for ‘settling’ job were given to any of the workers. The same was part of ordinary job duty. Workers, thus insisted that then onwards instructions for ‘settling’ jobs be issued in writing. Workers also demanded that the 5 ousted workers be taken on job.
Instead of taking the 5 workers on rolls, the employers suspended 27 more workers. Production Manager Amar Singh Baghel was also ousted on the charge of being in collusion with workers.
The employers had intentionally put off the reverse exhaust fans inside the workshop, which resulted in immense increase in indoor temperature. To ensure that no workman even takes a breath during duty hrs, CCTV cameras were installed, and violators were immediately ousted.
Workers protested the aforesaid unfair labour practices and made complaints to concerned authorities but without any result. Authorities acted hand in hand with the employers.
Workers also demanded 3 shifts of 8 hrs instead of two of 12 hrs each. But as if everything was falling on deaf ears of employers and competent authorities.
30-31/5/2008- A disturbance started on instigation by Virender Bhati, the local muscleman of employers undercover of contractor. A totally false police complaint was made by the employers against the workers for affray, and 30 more of them were locked out. Workers could be released after depositing personal bonds of Rs.1,00,000/- (One Lakh) each, with the SDM NOIDA, which is very unusual and extremely excessive amount.
19.6.2008- Instead of paying any heed to the legitimate grievances of workers, and in order to harass and terrorize the workers, 35 more of them were locked out. With this total 97 workers were ousted, while 192 continued inside out of permanent workers. By this time workers were affiliated with CITU, Trade Union Front of CPI(M) which agreed to the proposal of the employers that first of all normalcy be restored and protest outside the gate be ended, then after a month employers would think to reinstate the workers. Workers did not agree to this and thus CITU also abandoned the workers. However, protest of workers continued.
In the meanwhile workers affiliate to HMS, Trade Union front of Rashtriya Lok Dal, with one Virender Sirohi as their leader.
1.7.2008- Meeting between the employers and HMS takes place in DLC office, in which Sirohi agrees to normal working on 2,3and 4th of July, 2008.
2.7.2008- The employers instead of complying lock out the remaining 192 workmen also. Workers are constrained to resume protest. Dharna in DLC office for 7 days, 3 days before DM office, a march on-foot from Surajpur Chowk to DM office and finally a dharna on Italian embassy is organized, but the entire machine remains totally insensitive towards the cause of workers.
Several times dispute is negotiated at DLC office or the police station, but only to be repudiated by the employers on one or the other pretext or intrigue.
11.7.2008- Settlement is arrived at DLC, Noida Ofifce, in presence of SDM and CO Dadri.
13.7.2008- Workers join at the factory pursuant to settlement and to show their bonafide.
Next meeting is fixed at DLC office on 16.7.2008.
16.7.2008- Out of the 27 suspended workers employers reinstate only 12, while terminate the services of 15 workers. This was apparently a device to divide and crush the workers, one by one.
55 more were notified to be reinstated, but were locked out the very next day on the pretext of coming late at 9 am instead of 6 am.
Employers also obtained an injunction form the Court preventing workers from agitating within 300 mtrs of the Factory premises.
Labour Commissioner came to Ghaziabad from Kanpur. Workers met him and complained about the partial and callous attitude of DLC, Noida. The Commissioner, entrusted the matter to DLC, Ghaziabad.
4.9.2008- Meeting of parties in DLC office, Ghaziabad took place.
16.9.2008- Another meeting in DLC, Ghaziabad office between employers and HMS. None of the elected representatives of the workmen is present in the meeting. It is agreed that workers would tender apology. DLC, Noida directs the workers to tender apology on or before 22.9.2008.
18.9.2008- workers go to tender apology but employers tell that they would call the workers on 22.9.2008. DLC refuses to take the apology in his office.
22.9.2008- As workers gather to tender apology, they are told that two workers at a time would go inside the ‘time office’ to tender apology. Inside the time office, armed security and local goons had already taken their positions. Workers are told to specifically admit in their apology that they had indulged in sabotage and violence. Some workers write it down, but some refused. Anil Sharma, time officer slaps one of the workmen for refusing to write the apology in the desired format. Scuffle starts and the workman is beaten up by the security personnel.
On hearing commotion, workmen present outside enter inside. Unable to prevent the workmen, one of the Manager orders the security and goons present inside to attack the workmen. They attack and securityman fires from his gun at workmen. Several workmen, about 34, are injured in the scuffle.
Jagmohan Sharma, SO, Bisrakh Police Station remained present with force but did not intervene on the behest of employers who had conspired to beat up the workmen. SO has since been suspended for dereliction of duty.
People from both sides were then rounded up by the local police, but those on the side of employers were let to go while workers were kept in custody. Later, it transpired that the CEO of the company had also got one head injury, allegedly in the scuffle, which proved fatal to his life. It is also stated that some of the goons engaged by the employers to deal with the workmen, have double crossed and acting on behest of some rival industrialists have killed the CEO, taking benefit of the chaos perpetuated by the employers.
However, the employers who were desparate to dismiss the regular workmen, got an opportunity to implicate the workmen in the murder and thereby get rid of them. The local Capitalists, corporate media, bureaucracy all avowed enemies of working class, united to defame the workers and implicate them. 63 workers have been implicated for conspiring and participating in the killing of the CEO while 74 other have been implicated for rioting, affray etc.
2.10.2008- Workers staged a sit -in protest at Jantar Mantar against their victimization.
16.10.2008- Another protest in support of workers is held at Jantar Mantar on behest of Labour organizations in Delhi, while a memorandum was submitted to the Minister of Labour.
To
The Minister of Labour
Government of India
Shram Shakti Bhawan, New Delhi
Subject: Repression upon the Workers of Graziano Transmissioni in Noida.
Hon’ble Sir,
We, the various labour and social organizations, NGOs and individual social activists in and around Delhi, having come together under the banner of ‘Graziano Workers Solidarity Forum’, with all humility represent to you as under:
We want to attract your attention towards the repression being launched against the workers of Graziano Transmissioni at Noida, by the local administration and police in connection to the death of the CEO of the said company. This is apparently being done by the authorities in collusion with the Employers, not only of Graziano but of entire Noida. It seems that the employers there want to settle accounts with the workers, and for this purpose are misusing the machine of the state.
We draw your humble attention to the fact that it is the same authorities who did not pay any heed to the very genuine and legitimate grievances of the workers for more than a year. The prayer of the workers for registration of their Trade Union, which is their statutory right, was kept pending for long. Neither the employers recognized the Union nor the department of labour permitted it to be registered.
While the State authorities connived in depriving the workers of their minimum and modest rights, the employers went on exploiting the workers without challenge. Graziano Transmissioni could thus earn super profits. The capital of 20 crore invested by this company in 2004 grew over to 240 crore in 2008. This could happen only through super exploitation of the labour of poor workers. All peaceful protests of workers had fallen on deaf ears of the authorities. The employers, however, did everything in their control to crush the protests of workers, from suspension, lockout to outright terminations.
The unfortunate incident of 22nd September, cannot be made a tool to crush the workers further. The false charge being mischievously attributed by the police to the workers, of alleged conspiracy to harm the CEO, is beyond comprehension. There is no history of workers in Graziano of resorting to violence, much less a conspiracy. Moreover, the workers could not have expected any gain through such act. It is also underlined that even the wife of the CEO Smt. Ratna, who is a well educated lady, has herself claimed that the killing of the CEO is the result of conspiracy by the rival business groups, form whom the CEO, Mr.L.K. Chaudhary himself had been expressing apprehension, immediately before his elimination.
We would also like to point out here, that according to our knowledge the dispute between the workers and management had already settled amicably and thus there was hardly any occasion for the workers to enter into a tussle. Yet another side of the matter is that it has appeared more than once in media that some rival business factions may be behind the elimination of CEO. Be that as it may, the charge against workers of conspiracy to kill CEO is not only misplaced but mischievous also.
We apprehend, on the contrary, a conspiracy on the part of employers in Noida, hand in hand with the police, to drown the peaceful and legitimate struggle of the workers in violence and blood and thereby vitiate the industrial atmosphere in Noida for the time to come. It is not the repression upon the workers, but a process of conciliation among the parties, which may help to restore the congenial atmosphere in Noida.
The Government cannot permit itself to be used as a tool at the behest of those who have the might of millions in their hands and cannot be turned into a vehicle of vested interests against the toiling workers. It goes without mention that Noida and its vicinity, Delhi included, is saturated with these toilers. The apparent bias of state authorities against the workers, with an indifference towards their sufferings in the past and present, would result in perpetuating an environment of unwarranted hostility in the entire region.
We, therefore humbly present the following demands before Your kindself:
1. Arrested workers be released immediately and the false charges imposed upon them be withdrawn
.
2. Suspended and dismissed workers be reinstated in the job.
3. Adequate compensation be given to the victimized workers.
GRAZIANO WORKERS’ SOLIDARITY FORUM
and
General Secretary- Arun kumar.
INDIAN COUNCIL OF TRADE UNIONS (ICTU)
A20 A, SHIVANGI KUNJ, E –BLOCK, PASCHIM PURI, NEW DELHI-110063.
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