Joint conference (Tripartite) at Lucknow on 16th July, 2011

Joint Conference (Tripartite) on “Need and Importance of Ratification of ILO Convention 87 (Freedom of Association and Protection of right to organize) and 98 (F.O.A. and Collective Bargaining)

A Joint conference (Tripartite) on “Need and Importance of Ratification of ILO Conventions 87 (Freedom of Association and Protection of right to organize) and 98 (F.O.A. and Collective Bargaining) was held on 16th July, 2011 at Hotel Amber,Lucknow.

It was attended by 30 participants representing Employers’ Organizations, Labour Department UP, Central Trade Unions, Labour Laws Advisory Association, Print and Electronic media prominent being:-

The conference was inaugurated by Comrade Shiva Gopal Mishra, General Secretary, All India Railway men’s Federation and President, UP State HMS. In his inaugural address Comrade Mishra said ILO is a Tripartite Organization and Conventions are adopted after detailed consultation with all the parties, therefore, it becomes the moral duty of the member states o ratify these in their countries. He said ratification of ILO Conventions 87 & 98 will benefit not only the trade unions but all stakeholders. It will ensure better industrial relations and consequently higher productivity and production which is in the overall interest of the nation. Therefore, we all should come forward to persuade the Govt. of India for ratification of these Conventions.

Prominent among those who attended the conference were S/Shri Roshan Lal, Deputy Registrar trade unions and Shri R.B.Lal, Deputy Labour Commissioner, Lucknow region(UP), S.M.Aggarwal, CMD, Advisor Uttar Pradesh, Power Corporation, Deepk Kumar, Assistant General Manager, Tata Motors, Shiv Shanker Awasthi President Amausi Industrial Area Entrepreneurs  Association, Uma Shanker Mishra, General Secretary, Hind Mazdoor Sabha,UP State Council, Girish Kumar Pandey, General Secretary, Vidhut Mazdoor Panchyat, Basudeo Pandey, General Secretary, AITUC, UP State, D.P Dubey , Working President TUCC(UP), R.S.Bajpai, President CITU(UP), L.N Pathak, Secretary HMS, UP State Council, Gaya Prasad Bhusahn, General Secretary UP, Chini Mill Mazdoor Federation and several other office bearers of Northern Railway Men’s Union,  Mudit Mathur , Senior Journalist and others from print and electronic media.                    

The following resolution was presented in the house requesting Govt. of India to take immediate appropriate steps for ratification of ILO Conventions 87 & 98.

This Joint Conference on “Need and Importance of Ratification of ILO Conventions 87 and 98” held at “Hotel Amber” Lucknow (UP) on 16th Day of July, 2011 being  attended by representatives of government, employers and trade unions.

BELIEVES    that in promoting decent work for all and inclusive development the promotion and protection of workers’ rights through commitment to ratify and apply ILO core labour conventions is necessary;

 

DEPLORES the Union Minister for Labour and Employment’s recent pronouncement that the GOI was not ratifying the core conventions because that would involve granting certain rights to government employees against statutory provisions – i.e., the  right to work, to criticize government policy openly, etc.

 

RECOGNIZES that India needs to act without delay on ratification of Conventions 87 and 98  in fulfillment of its obligation as a founder member of the ILO and it can not afford to be the largest democratic country in the world, without the guarantee for full exercise of workers’ rights under these conventions ;

 

DISTURBED that India, as an emerging economic power in the world and now fast becoming a global player being a part of the G20, BRICS, WEF, ASEAN, WTO among others,  lacks the political will and continues to ignore the responsibility of following global rules such as ILO Conventions 87 and 98;

 

ALARMED    that the workers rights contained in the Constitution of India and existing labour and trade union laws are not sufficient guarantees for effective exercise and protection of workers’ economic and social interests as the enabling environment  (i.e., Union formation, union registration, etc.) for unionism continues to be severely restricted and the growing attacks and violations of labour rights remain;

 

APPRECIATES the efforts of the HMS to bring about sustained and broad awareness of the need and importance of ratification of ILO core conventions;

 

The house do not agree to the reasons given by the Govt of India for not ratifying the above conventions. However if there are any difficulties to immediately ratify Convention 87 we appeal to the Government of India to take immediate appropriate steps for ratification of ILO Convention 98 followed  by ratification of ILO Convention 87  at a subsequent date and also to enact a central law for recognition of Trade Unions by June, 2012.

This was discussed at length. Employer’s representatives were of the opinion that the ratification of above ILO Conventions would ensure decent work, harmonious relations, better quality increased Productivity and Production. Employee’s representatives also desired immediate appropriate action on part of Govt. of India for ratification of ILO Conventions under reference. However Govt. representatives did not support immediate ratification of the conventions on the grounds that the Guarantees provided under the conventions are available under the Indian Constitution and under other statutes. The resolution was passed by the Majority.

At the end of the meeting a press conference was organized wherein journalists raised several questions which were suitably replied by the leaders. It has resulted in adequate coverage of the event in the Print and Electronic Media.

Joint Conference (Tripartite) on “Need and Importance of Ratification of ILO Convention 87 (Freedom of Association and Protection of right to organize) and 98 (F.O.A. and Collective Bargaining)

A state level Tripartite Workshop was held on the issues of the Ratification of ILO Conventions 87 and 98 (Freedom of Association and Protection of Rights to organize & Right to organize  and Collective Bargaining ) and Conventions 138 & 182 (on child labour)  in Tea Plantation area of state of  West Bengal at 11:00 A.M.-3:00 P.M. at Siliguri Mahakuma Parishad Hall on 21st June, 2011. The total representatives present from the Government, Employers and Trade Union were 91 in nos.

Prominent among those attended the conference were Labour Commissioner, Government of West Bengal Shri Amal Roy Choudhury, the Joint Labour Commissioner, North Bengal Zone, Md. Rizwan. The Deputy Labour Commissioner, Jalpaiguri Shri Rajat Kumar Pal. The Assistant Labour Commissioner, Siliguri,Sri Partha Bswas. The Assistant Labour Commissioner, Siliguri, Shri Rathin Sen and other Government officials were present in the workshop.

Mr. Monojit Dasgupta, Secretary General, Indian Tea Association (ITA). Mr. T.K.Chowdhury, Chairman, ITA West Bengal, Regional Committee. Mr.Shashank Prasad, Chairman, Tea Association of India (TAI). Mr V.K.Dhandania, TAI. Mr.Kalyan Basy, Secretary General TAI. Mr.R.K.Datta, TAI North Bengal Zone.Mr.S.Ghosh, TAI. Mr. Arijit Raha, Additional Secretary, ITA, Mr. P.K..Bhattacharjee, Secretary, DBITA ; Mr.Rana Jung, Chairman, DBITA, Mr, B.P. Chaliha, Secretary TBITA. Mr. Sanjay Bagchi, Deputy Secretary, DBITA. Mr. U.B. Das, Secretary, TIPA. Mr. S.K. Ghoshal, Chairman, TIPA. Mr. Amitangshu Chakraborty, Advisor, Indian Tea Planters Association (ITPA). Mr. Kaushik Dhar, Assistant Labour Officer, ITPA Mr. Amit Rajak, Deputy Secretary, TIPA; Mr. P.K.Sinha, Labour officer ,ITPA  and others from the Employers forum.

From the Coordination Committee of Tea Plantation of West Bengal Sri Chitta Dey and from the other Apex body ie. The Defence Committee for Plantation Workers Rights Sri Samir Roy, Convener, of the Defence Committee. Mr. Manohar Tirkey, Member of parliament, and the General Secretary, DCBWU(UTUC).Mr. Sripati Chakraborty, WBTGEA, Mr. Murari Mitra, Tea Employees.

Association of West Bengal(CITU), Mr. Mani Kr. Darnal, NUPW/INTUC. Mr. Pradip Debanath, A.W.B.T.G.L.U(AICCTU)Mr. Anichhur Haqure, General Secretary, ZCBWU(AITUC). Mr. Ziaul Alam, Assistant General Secretary, CBMU, WB(CITU), Mr. Binoy Chakaraborty of UTUC & 57 others mentionable trade union leaderships participated in the workshop.

At the beginning of the workshop, Sri Samir Roy, General Secretary, WBCMS(HMS)and Convener, Defence Committee for Plantation Workers Rights moved the Core Resolution which elaborately explained the main objectives of the Workshop. On moving the resolution Shri Roy pointed out that the Government of India many a time reiterated that the guarantees provided by the ILO Conventions 87 & 98 were by and large available to industrial workers in India through constitutional provisions, laws, regulation and practices. However, it is also observed that  a large number of laws have been enacted but securing justice has become a big problem because of conflicting provisions of laws discouraging an average Indian worker to approach the court of justice. Worst affected are the people at the lower strata of Indian society. Ratifying these Conventions will compel the Government to enact uniform legislations, which will help us bring employers and workers to the discussion table. It will give an International legal instrument to bring  up many of the demands i.e, better working condition, safety, hygienic and availability of medical care at workplace a reality. There will thus be lesser industrial grievances and disputes, leading to the lesser strikes and lockouts, eventually, higher production and productivity.

All the trade union leaders unanimously supported the Resolution and some of them expressed the view of necessity of the formation of “Joint Action Committee” of all the central trade unions to faster fulfillment of these demands.

The representatives of Employers Associations expressed that in Plantation industry the Trade union rights and collective bargaining rights are already established. The trade unions are already recognized and most of the industrial disputes and demands are either bilaterally or tri-partitely negotiated and settled.

 The Labour Commissioner, Mr. A. Roy Choudhury assured the house that he deeply perceived the letter and spirit of the entire deliberations and would informed the sentiment of the house at the appropriate level.      

         

 

 

 

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