CPIML MPs Raise Issues Concerning Violation of Working Class Rights, Sickness of Jute Industry and Increasing Number of Railway Accidents in the Parliamentary Standing Committees

The mandate of 2024 Loksabha election sent out a clear signal to the incumbent BJP about their authoritarian rule of 10 years. The regime of betrayal of people’s rights, crackdown on workers and farmers rights, flaring up of communal hatred, authoritarian suppression of dissent were all resisted decisively by the people of this country. In spite of the compromised free and fair electoral process and a visible failure of the election commission to maintain the sanctity of a neutral election, the incumbent BJP could not manage an absolute majority inside the parliament. Today, the BJP had to be backed by its alliance partners to remain in power. The arrogant claim of ‘Ab ki Bar 400 bar’ was comprehensively diluted by the people.

The CPIML Liberation was a part of the INDIA alliance that came together to resist the incumbent fascists in power. In Bihar and Jharkhand, the CPIML played an important role in strengthening the INDIA alliance. Because of the historic presence among landless agricultural labourers and the glorious legacy of anti-feudal struggles, CPIML won two parliamentary seats from Arrah and Karakat in Bihar out of the three seats that we contested. Comrade Sudama Prasad was elected from Arrah and Comrade Rajaram Singh was elected from Karakat. As Members of Parliament, Comrade Sudama Prasad has been nominated to the Standing Committee on Railways and Comrade Rajaram Singh has been nominated to the Standing Committee on Labour, Textiles and Skill Development.

While carrying forward our battle for people’s rights on the streets, our MPs will use every opportunity they avail for raising issues that concern the rights of the toiling masses inside the parliament and in the committees they are elected in.

We are reproducing letters submitted to the Standing Committee on Railways and Labour, Textile and Skill Development, here.

Regarding Violation of Working Class Rights

Shri Basavaraj Bommai (hon’ble MP),

Chairperson,

Standing Committee on Labour, Textiles and Skill Development,

Parliament of India,Delhi

Date: 14-10-24

Dear Sir,

I demand the committee kindly look into the issues affected the rights and livelihood of workers. The committee should deliberate and demand the Ministry to take action ensuring justice to the workers. Representations submitted for the same are attached with the letter as annexures.

1. Failure to Revise basic rates of minimum wages under Section 3(1) (b) of the Minimum Wages Act, 1948:

The basic rate of wages was last revised in the year 2017, and it has been 7 years since then. While VDA has been revised, there has been absolutely no revision of basic wages as mandated under law from 2017. While the law mandates that revision of basic wages must be done at not later than 5 years, it has been 7 years since such revision has taken place.

The primary intent of the Minimum ages Act, 1948, is to prevent "sweated" labour and to protect unorganised workers from exploitation. The Act operates on the principle that it is the duty of the State to ensure, minimum wages are paid to employees, regardless of the financial capacity of the industry or establishment. Fixing the minimum wages is the primary obligations laid out in Article 43 of the Indian Constitution, henceforth ensuring a decent standard of life for all workers.

Due to significant rise in the cost of living, escalating food prices, soaring rents and increasing expenses in education and healthcare, workers are forced to rely on open market. Continued dependence on private institutions for basic services like health and education, further exacerbates their financial strain. Despite this great challenge, their wages remain stagnant, while the mandatory revision of minimum wages, provided under Section 3, remains unimplemented.

The Supreme Court in People 's Union for Democratic Rights v. Union of India, [AIR 1982 SC 1473], the Supreme Court has held that

"... remuneration which is less than the minimum wage, the labour or service provided by him clearly falls within the scope and ambit of words 'forced labour' under Article 23.”

The Kerala High Court in Association of Planters of Kerala Vs. State [ILR 1996(3) Kerala 451] has held that failure to revise wages as mandated under Section 3 would result in workers being made to work in violation of Article 23 of the Constitution.

“10. A duty is therefore cast on the State by the provisions of the Act and Article 23 to fix and revise the minimum rate of wages. The continuance of rate of wages fixed from 1993 onwards which would be less than the minimum payable will be illegal and the workers are entitled to the retrospective fixation or revision from the date it is due for revision. “

It is evident that the failure to revise minimum wages in accordance with Section 3 of the Minimum Wages Act, 1948, directly violates both statutory and constitutional obligations. Since minimum wages has not been revised as mandated under law, it effectively amounts to workers being made to work under conditions of forced labour. This not only undermines the intent of the Act but also represent the perpetual exploitation of workers, under minimum legal standards and in conditions of forced labour.

It is necessary that the Union Government must take immediate steps to ensure the revision of the basic minimum wages, in compliance with Section 3 of the Minimum Wages Act, 1948.

2. Illegal retrenchment of Safai Karamcharis in CABS – DRDO, Bengaluru for complaining against extortion

The illegal termination of 61 Safai Karamcharis on 23rd March, 2024 by the Centre for Centre for Air-borne Studies, Defense Research and Development Organization (CABS-DRDO). These workers, mostly women hail from Dalit and other marginalized communities, worked for almost 11 years were termed as contract workers to deny them their rights. The reason stated for their termination, their complaint against the extortion by the contractors demanding 20 to 25% share of their wages. Since their termination, the workers have been protesting, demanding jobs and dignified working conditions.

Exploitative Working Conditions and Extortion of workers

Safai karamcharis endure exploitative conditions, performing tasks like cleaning, unclogging drains, and removing weeds under the hot sun without safety gear or proper tools. They must lift rotting garbage with bare hands and eat lunch on the floor, often interrupted for urgent work. These undignified conditions persist daily. It is under these undignified working conditions that the workers are forced to work.

Despite performing essential work for years, workers were classified as contract workers to deny them rights. From 2019, they earned Rs. 15,000 but had to pay Rs. 3,000 to Rs. 8,000 monthly to contractors, allegedly for DRDO officials. Complaints to DRDO were ignored, prompting workers to report extortion to the Regional Labour Commissioner.As a backlash to the same, the workers were targeted and victimized and refused employment on 23.03.2024. Other workers who had continued to pay the amounts demanded, were permitted to work.

Terminated workers, with support from the Karnataka General Labour Union (AICCTU), approached the Karnataka Safai Karamchari Commission. Despite directives to reinstate them and investigate extortion claims, CABS-DRDO ignored the demands to take back workers also refused to conduct any enquiry into the complaints both actions.

3. Illegal retrenchment of workers in M/s ITI Ltd. falling under the Department of Telecommunications, Ministry of Communications.

On 1st December, 2021, 80 workers who were permanent employees of M/s ITI Ltd., and working from 3 to 35 years were terminated illegally for unionizing and demanding their rights. They perform the core work of M/s ITI Ltd. As engineers, ensuring quality assurance, quality test, lab assistance, data processing, finance, drivers, office assistants among others. They were also involved in the production, research and development and installation of various devices, while some are also sent for on-site border defense assignments. A large number of these workers are mostly women and belonging to the Dalit community. Despite long years of service, the workers are guised as “contract workers” and denied basic rights.

On 17.03.2022, the Union and the Management entered into a settlement in the course of conciliation with the Deputy Chief Labour Commissioner as per which 35 workers would be taken back immediately and the rest as early as possible. The Settlement is extracted hereunder

“Since there is no meeting point to kill the issue, the C.O and Dy CLC (C) has intervened and with mutual consent it was suggested to compromise in between and to strike a deal at 35 numbers, i.e., neither 35 nor 45 for the present. For which both the parties have agreed unconditionally. The 35 contract workers to be engaged should be taken as mutually agreed upon by the contractor. However, the management is directed to increase the remaining 45 contract labors through contractor M/s Sai Communications as early as possible and report the development as to how many contract workers were engaged each fortnight to the CEO and Dy CLC (C) Bangalore. During the pendency of conciliation proceedings, the management shall not engage any other contract laborers other than the disputant contract laborers till all the remaining 45 contract workers are taken back.”

Pertinently, the then Minister of Communication, Mr Ashwini Vaishnaw under whom M/s ITI Ltd. falls had informed Dr. L. Hanumanthaiah, Member of Parliament, Rajya Sabha that protesting workers should register with the new contractor for phased deployment. Despite registering in April 2022, the workers were not rehired. When the Management refused to comply with the terms of the Settlement, the Union approached the Karnataka High Court in W.P. No. 9465/2022. The Hon’ble High Court in order dated 18.04.2023 in W.P. No. 9465/2022 has held that the Settlement would be binding and have to be complied. However, even thereafter, the Management of ITI Ltd. has failed to comply with the Settlement, and is refusing to comply with the same. Till date the 80 workers remain without employment, continuing their protest demanding for justice.

4. Violation of basic rights of workers in Chabua Airforce Station Dibrugarh:

The workers working as guised contract workers in Chabua Airforce Station Dibrugarh are being made to work in violation of the law. Wages are not paid in a timely manner, and minimum wages are not being paid to workers. While they are required to be paid Rs. 522/-, they are only paid Rs. 350/- per day. They are not even provided social security, and are not provided ESI cards and Provident fund details, making it impossible for them to access these benefits. Workers who stand up and complaint against these conditions have been thrown out of work.

Thanking You,

Rajaram Singh,

Member, Standing Committee on Labour, Textile and Skill Development

Regarding Increasing Accidents in Railways

To,

C.M Ramesh (hon’ble MP)

The Chairman,

Standing Committee on Railways,

Parliament of India,

Sub: Response to safety issues in railways.

Dear Sir,

This letter submits the recommendations in response to the request made by the Parliamentary committees on Railways, concerning the safety measures to be included within the Indian Railways system. Indian Rail network preferred by a significant population of this country demands a proactive approach in adherence to safety standards and sustainability of Railway operations.

Safety of Railway Staff and Workers at Work Place

Accidents in Indian Railways takes place every year leading to loss of human life as well as Railway assets. It involves both the passengers and staff at work at the workplace. In a mad rush to turn railway into a profitable entity safety is being neglected at every step of operation. Most of the safety mechanisms for staff and workers remains on paper.

There is utter lack of seriousness on part of the administration regarding the injuries staff and workers sustain during derailments in the marshalling and coaching yards. In utter violation of extant safety rules the fly shunting is allowed in the coaching yard to form a train to maintain punctuality.

On an average 03 Track Maintainers are being run over & killed daily, while on duty --let alone the death of signal telecom staff while working on the running line. Many cases of SPAD happen in the Railways due to Loco Pilots' fatigue on account of long hours duty forced by the administration for shortage of staff.

Out of 208 cases of Signal Passed at Danger (SPAD) across the Railway network from 1st April, 2019 and 31st March, 2024, 12 cases had resulted in collisions. As a preventive measure Counselling of Loco pilots /ALPs alone is not sufficient. Vacancies in the category of LP/ALP which is safety related are urgently required to be filled up to reduce the working hours of Locomen.

Delay in Installing of KAVACH and Rail-Collision Prevention

Installation of KAVACH in Engines and Tracks as anti-collision device indigenously developed by RDSO. It is reported that the device has been targeted to install for 3000 km at the first phase. However, due to outsourcing and inefficiency the process is getting delayed.

It is suggested that the work may be done departmentally by the signal & telecom department by recruiting fresh engineers and technicians from the open market.

Similarly, an analysis of recent accidents shows that Kavach systems, that's related to signal system, alone are not sufficient to prevent accidents. The research wing should focus on a sensor - system where trains can automatically stop in case of any object on the tracks or in front of the trains, be it the passenger or goods trains in the opposite direction or any stationary vehicle in the loop line or station.

Rolling stock failures

Locomotives, Bogies and other Rolling stock are subjected to intense operational demands. Mechanical failures, electrical malfunctions and component wear are common issues that can adversely affect passenger safety. Therefore, it is suggested to replace overaged machinery and modern technology to be deployed in compliance with stringent safety standards.

The prevailing situation in Indian Railways demands a proactive approach to day to day maintenance of Rolling stock, Engine and other assets, investments in technology and adherence to safety standards to ensure reliability, safety and sustainability of Railway operations.

Considering the grave situation, there are few key recommendations that are essential for railways to immediately follow:

Immediately ensure timely filling of all pending vacancies in Railways. Railway board recently acknowledged that huge shortage of manpower and unskilled contract workers handling skilled jobs are also major reasons for accidents. There is an urgent need of filling up the huge number of vacancies in the safety category with priority.
The work hours of Loco pilots which stand at anywhere between 10-12 hours need to be reduced. Loco pilots/ALPs must be granted the periodical rest, including the 16 Hours headquarters rest.
Allocation of sanctioned funds and resources for safe operations and maintenance of existing trains.
Adoption of an advanced signalling system (akin to the European train Control System ) for the entire trunk route length of 19,000KM.
Streamlining of existing safety Organisation & Training Schools as the existing safety infrastructure remains inefficient due to resource crunch.
Divisional signal training centres to be revamped to provide regular and comprehensive training to the workers on the latest technologies, equipment systems, safety rules and procedures.
Abolish Contract System and immediately stop recruiting retired personnel under 65 years of age for reemployment in lieu of over 2 lakh vacant posts.

Thanking you

Sudama Prasad,

Member, Standing Committee on Railways

Regarding Sickness of the Jute Industry

Shri Basavaraj Bommai (hon’ble MP),

Chairperson,

Standing Committee on Labour, Textiles and Skill Development,

Parliament of India, Delhi

Subject: Crisis in Jute industry

Sir,

We like to draw your kind attention that the Jute industries in the eastern region, particularly in West Bengal is in the cusp of crisis putting 2.5 lakh workmen and 40 lakh jute farmers on the brink of unimaginable catastrophe.

Even as production of both raw jute and jute products have increased, demand for jute goods have declined substantially to 35 lakh bales, which was 38-39 bales in 2021-22, and might drop further to 30 lakh bales in 2024-25. The owners of the jute mills of West Bengal have passed the buck of this crisis upon the workmen by drastically reducing shifts, running the mills for 4-5 days, rendering thousands of workmen out of employment citing the issue of lack of Production cum Supply Orders (PCSO) issued by the Jute Commissioners Office.

During the ongoing Kharif Marketing Season (KMS) 2024-25, the industry of the state has only received orders of 3.63 lakh bales against planned indents of 7.17 lakh bales until June 2024, and this shortfall has resulted the industry to operate at barely 40-50% capacity. You are aware that for the sustenance of Jute industry, Government of India framed reservation norms for mandatory packaging of Jute, which is 100% for food grains and 20% for sugar, for the Jute Year 2023-24 (01.07.2023 --30.06.2024). But this mandatory packaging directives have been flouted, the sugar industry has not complied 20% packaging of the existing norms.

This agro based industry produces jute goods which is eco -friendly and bio- degradable and demands Central Governments active support for sustenance and development. Coupled with the procurement crisis of jute bags, the jute farmers too are barely fetching Minimum Support Price for their produce. The need of the hour is to come forward to safeguard the interest of the jute farmers from being obligated for distress sale of raw jute. Huge amount of raw jute from Bangladesh have flooded the market from backdoors, adding woes to the already distressed jute growers, depressing the price of raw jute (MSP during the current year is Rs 5335 per quintal). The jute mills are purchasing cheap Bangladeshi raw jute, and the jute growers are now forced to sell their product at Rs 5,000 per quintal. Jute Corporation of India (JCI) should come forward to stabilize the market price of raw jute by way of commercial purchase of raw jute at the minimum support price through its 110 numbers of direct purchasing centres, plug the porous border preventing illegal entry of raw jute from Bangladesh are the few steps to mitigate this crisis.

Therefore, the committee should look into the demands and impress upon the Union Government address the following issues:-

The Jute Packaging Materials Act (JPMA), Jute and Textiles Control Order ( JTCO) and the Jute Packaging Mandatory Act, 1987 should be fully monitored and implemented in letter and spirit for 100 per cent of food grains and sugar in jute bags. Dilution of this Act, paving way for pollutant plastic bags should be prohibited and penal action should be taken in case of slightest deviation.
Take necessary action to prevent jute import from Bangladesh through illegal route, initiate stringent action against the jute mills procuring jute from Bangladesh and stop purchasing jute bags from those mills.
The mechanism of fixing MSP should be revised to make jute cultivation profitable to the farmers and MSP should be fixed as per the formula of Swaminathan Commission.
Raw jute may be procured by JCI directly from the cultivators, number of direct purchasing centres to be increased substantially, and channelized to the jute mills according to their demands.
Food Corporation of India and State Procuring Agencies should be instructed to pack food grains only in jute bags in the Kharif and Rabi seasons and place orders on time.
Considering the abundance of raw jute during the current jute year, the existing norms of 20% for packaging of sugar may be revised to a greater extent.

We urge upon you to intervene in this alarming situation and take immediate steps to restore normalcy and stability of this labour-intensive industry, where millions of workers, farmers are engaged as their livelihood.