Rapport définitif - Rapport No. 135, Mars 1973

1. 27. A first complaint was contained in a communication dated 22 March 1972 addressed to the ILO by the Centre of Indian Trade Unions (West Bengal Committee) (hereinafter referred to as the "CITU"). In a number of additional communications the CITU presented further allegations and supplied supporting information. In a communication dated 7 April 1972 the Calcutta State Transport Employees' Union submitted certain allegations and in subsequent communications the Calcutta State Transport Employees' Union presented additional allegations and supporting information in connection with their complaint.
2. 28. The complaints and supporting information were transmitted to the Government of India, which forwarded its observations thereon in a communication dated 15 December 1972.
3. 29. India has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 30. In its communication dated 22 March 1972 the CITU stated that supporters of the ruling Congress Party had forcibly entered the offices of the Sen-Raleigh Employees' Union at Kanyapur Sen-Raleigh Housing Project, Anasol, and that all the office-bearers in the union had been arrested. Trade union activities, the complainants added, had been completely curtailed, and 800 workers and their families had been threatened with murder. These attacks, continue the complainants, had intensified following the election when the Sen-Raleigh Workers fought against the closure of a factory.
2. 31. In a communication dated 7 April 1972 the Calcutta State Transport Employees' Union stated that a reign of terror was taking place in the Calcutta State Transport Corporation and that supporters of the Congress Party had threatened and assaulted workers and had obstructed them from performing their duties. The complainants added that, in spite of reporting these matters to the Chief Minister, West Bengal, and the transport authorities, no action was taken.
3. 32. The CITU, in a communication dated 13 April 1972, submitted various joint statements issued in April 1972 by the CITU, the UTUC, the UTUC (Lenin Sarani) and the TUCC condemning the attacks on trade unions and workers and the forcible occupation of the Sen-Raleigh union offices. It also transmitted copies of communications written to the government authorities on the same questions. A copy of a statement by the Jay Engineering Workers' Union concerning attacks on workers and the restraining of union activities was also forwarded by the complainants. In these statements and information the organisations concerned allege that the most severe action was taken, following the elections, to crush all political, trade union, student and mass organisations opposed to the elected Congress Party. The complainants refer, in particular, to the occupation of the union office of Jessop Mazdoor Union, the Sen-Raleigh Employees' Union at Asanol and the Zonal Office of the UTUC at Paikpara and a number of union offices of the TUCC at Barasat. The complainants, in addition, state that workers were being forced by Congress supporters to join trade union organisations of the ruling party, and those who refused were assaulted and prevented from attending their work. Trade union leaders were being arrested and detained without trial and were not allowed to contact workers:
4. 33. The communication of the Jay Engineering Workers' Union also contains the allegation that an intensified attack has been made against it and its members involving the death of a number of workers and the kidnapping of its General Secretary. The union officers, continue the complainants, are forcibly prevented from reporting to their jobs and are consequently without any means of earning a living. The complainants supply a list of office-bearers of the union who have been evicted from their homes under the threat of being murdered. Specific instances of the kind of pressure brought to bear upon members of the day Engineering Workers' Union to join the union formed by the Congress Party are described in detail by the complainants. The complainants add that the basic right to form associations and the free functioning of unions is severely endangered.
5. 34. In another statement dated 10 April 1972 the CITU refers to the intensified attacks launched by the supporters of the Congress Party, aided by the police and the administration, against the working classes, the eviction of thousands of workers from their homes and the death of 30 people in the post-election period. Further references are made to the taking over of unions and the occupation of union offices, the assault of workers who refuse to join the unions formed by the ruling party, the destruction of union documents and the collection of funds from the unions. Some 300 unions, say the complainants, have been the victims of attack and hundreds of office-bearers have been threatened and prevented from reporting for their duties.
6. 35. In order to defend trade union and democratic rights, the CITU, continues its West Bengal Committee, along with the UTUC, the TUCC and the UTUC (Lenin Sarani) organised a united movement of the working class and adopted a resolution condemning the evictions. The CITU adds that other resolutions of a political nature were also adopted.
7. 36. In the other joint statements and letters communicated by the complainants details are given of attacks on union premises, and in particular allegations are made concerning the forcing of workers in the Calcutta State Transport Employees' Union to join the Calcutta State Transport Shramik Union formed by the Congress Party, and the action taken against them if they do not join. The complainants add that encouragement is given by the authorities to the supporters of the Congress Party and no action is taken to curb the acts of gangsterism against the workers.
8. 37. In a communication addressed by the Sen-Raleigh Employees' Union to the Labour Department dated 21 March 1972 the situation is described where, at a tripartite meeting held on 20 March 1972, the Union put forward its proposals and expressed its apprehension about any agreement being reached in view of the continued occupation of union offices and the harassment of workers. The Government was asked subsequently to intervene to put an end to the occupation of union offices and the eviction of workers from their homes.
9. 38. In a further communication dated 2 May 1972 the CITU submitted a further report on the forcible occupation of the office of the Sen-Raleigh Employees' Union. The complainants state that, following the reopening of the Sen-Raleigh factory on 31 March 1972, the office of the Sen-Raleigh Employees' Union was not vacated and workers belonging to that union were not allowed to resume their duties. Workers were being forced to join the union formed by the Congress Party (INTUC). The complainants add that the Chief Minister of West Bengal ordered the return of the offices to the Sen-Raleigh Employees' Union but this order was not implemented.
10. 39. In a communication dated 9 June 1972 the United Trades Union Congress alleged that workers belonging to its affiliated union the Hindustan Iron and Steel Company Workers' Union had been subjected to armed attacks by members of the INTUC union with the support of the police and the administration. The union office, state the complainants, was destroyed and workers and union leaders assaulted.
11. 40. In a further communication dated 10 May 1972 the CITU states that its affiliate, the Calcutta State Transport Employees' Union (CSTEU), which represents the large majority of the workers in the Transport Corporation, is the only union recognised by the Corporation despite the existence of a new union formed by the Congress Party. The complainants supply details of attacks made upon workers in the Corporation by Congress Party supporters in order to gain their allegiance to the Party union and add that, in a number of communications, complaints were made to the government authorities. The prevention of workers from attending work had led to a situation where workers were forced to join the Party union or face dismissal.
12. 41. In a communication dated 12 May 1972 the CITU supplied copies of communications addressed to the Government intimating complaints concerning the continued attacks on employees of Durgapur Chemicals Ltd. and the forcing of workers to join the union set up by the Congress Party. The offices of the Durgapur Chemicals Union were forcibly closed and office-bearers prevented from reporting to their duties by Congress Party supporters.
13. 42. In additional communications dated 8, 9 and 10 June 1972 respectively, the CITU describes similar situations, affecting workers and unions, in the Sen Pandit Ancillary Units Workers' Union and the ACC-Vickers-Babcock Factory, Durgapur.
14. 43. In a communication dated 11 July 1971 from the United Trades Union Congress a detailed report was supplied concerning the attacks made on their affiliates, the Hindustan Iron and Steel Workers' Union and the complicity of the police and the administration in these attacks.
15. 44. Further details of similar attacks by Congress Party supporters against the workers of the Sri Saraswaty Press Ltd., Calcutta, are given in a communication from the CITU dated 12 July 1972, and further allegations concerning attacks on workers of the Jay Engineering Works Ltd. are contained in a communication from the CITU dated 15 July 1972. The CITU, in a communication dated 11 August 1972, reported that the attacks on the Jay Engineering Works Ltd. were still continuing.
16. 45. In a communication dated 26 July 1972, the CITU alleged that Congress Party supporters had attacked the offices of 13 of its affiliated unions, without any intervention by the police to prevent this. In addition, as stated by the CITU in further communications dated 16, 22 and 30 August and 4 and 6 September 1972, attacks were made upon members and trade union leaders in the following affiliated unions: Saxby and Farmer Mazdoor Union; Sri Anapurna Cotton Mills Workers' Union at Shamnagarh; Bengal Enamel Sramik Karmachari Union at Plata. The complainants repeat that no assistance was given to the unions by the police or the authorities.
17. 46. The CITU, in communications dated 19, 25, 27 and 28 September 1972 supplied additional information concerning the continued attacks on the workers belonging to their affiliated unions in the Calcutta State Transport Corporation, Westinghouse Saxby Farmer Ltd., and the Kalyani Spinning Mills Ltd. The complainants supply details of incidents from which they allege it is clear that it was the intention of the supporters of the Congress Party to eliminate the unions affiliated to the CITU. It is also clear, state the complainants, that the organised attacks on the workers would not continue without the direct support of the Government of West Bengal.
18. 47. In a communication dated 9 October 1972 the CITU stated that the union offices of the Sea-Raleigh Employees' Union had been vacated by the Congress Party supporters, but that the members of this union were still frequently assaulted and prevented from taking up their duties. In this connection the CITU supplied details of additional incidents of assault against a number of workers in the Sen-Raleigh factory.
19. 48. The CITU, in a communication dated 14 November 1972, stated that union officers of the Saraswaty Press Employees' Union were forcibly prevented from reporting for their duties and that workers belonging to this union were beaten by Congress Party supporters.
20. 49. In a further communication dated 22 November 1972 the CITU transmitted a copy of a letter dated 22 November 1972 addressed to the Minister of State Undertakings, West Bengal, protesting against the attacks upon the workers in the Saxby and Farmer Mazdoor Union and against the attitude of the authorities in threatening to retrench workers because of their unauthorised absence from work.
21. 50. The Government supplied its observations on the complaints in a communication dated 15 December 1972. The Government states that whenever any specific case of forcible occupation of trade union premises by rival trade unions was formally reported, prompt and appropriate action was taken by the authorities concerned in the form of investigations or inquiries and referral of disputes to conciliation and adjudication, wherever necessary. In addition, the Government mentions that, in some of the cases, the West Bengal Committee of the CITU rushed to lodge complaints with the ILO without in the first instance having recourse to legal processes open to it under the national law to get the alleged wrongs rectified.
22. 51. As regards the allegations concerning the Sen-Raleigh Employees' Union at Kanyapur Sen-Raleigh Housing Project, the Government points out that the Sen-Raleigh factory, which had been closed since 29 March 1971 reopened on 31 March 1972 as a result of the intervention of the West Bengal Labour Directorate. The Government explains that, in this company, there are three unions affiliated respectively to the Communist Party of India (Marxist) (CPI(M)), the Communist Party of India (CPI) and the Ruling Congress Party. Immediately before the reopening of the factory, the union office at Kanyapur was occupied by the supporters of a rival union. This forcible occupation was, states the Government, brought to an end on 16 May 1972. The Government adds that no specific case of arrest of trade union officers or curtailment of trade union activities in the area was brought to its attention.
23. 52. The Government supplies the following explanations in connection with the allegations concerning the Calcutta State Transport Employees' Union. About 105 workers of the Calcutta State Transport Corporation were absent from duty up to 23 May 1972. Inquiries by the Labour Directorate of the West Bengal Government showed that a number of workers belonging to the CITU (Centre of Indian Trade Unions - affiliated to CPI(M)) - did remain absent from duty and that the Calcutta State Transport Corporation had received a number of applications from some of these workers alleging that they were prevented by force from joining their duties. However, no evidence could be found to the effect that the absentee workers had been threatened or forcibly prevented from joining their duties. The management of the Corporation also could not substantiate the charge of force and intimidation from their records. However, in order to encourage the absentee employees to resume their duties, the authorities of the Corporation issued a circular to the effect that necessary arrangements had been made for the safety and security of the workers and that they should rejoin their duties by 12 June 1972 at the latest. This led to a substantial improvement in the situation as will be seen from the fact that, barring 4 or 5 workmen who did not report for duty in spite of a further notice issued by the authorities on 15.7.1972, the remaining absentee workers have resumed their duties.
24. 53. As regards the allegations concerning the repression of the affiliated unions of the CITU, the UTUC, the TUCC and the UTUC (Lenin Sarani) the Government states that, according to the Government of Bengal, only two incidents of forcible occupation of trade union offices were actually reported. The factual position relating to these cases is as follows: the Kagaj Kall Mazdoor Union office (controlled by CPI(M)) at B.L. No. 10 Kankinara, P.S. Jagatdal, was occupied by the supporters of the Paper Mill Employees' Union. Following this, the Secretary of the Mazdoor Union filed a written complaint with the O/C, Jagatdal Police Station. Twelve persons were arrested in this connection but they were subsequently released on bail. The case is under investigation. Secondly, following the General Elections of 1972, the Texmaco Union Office (CITU) at Railway Gate No. 4, Belghoria, was occupied by members of the rival union. No complaint was however formally lodged and no case was instituted.
25. 54. The Government also supplies its observations in connection with the allegations concerning the Jay Engineering Workers' Union. In this connection, the Government points out that inquiries were made by the Government of West Bengal into a case of forcible prevention of nine workmen of Usha Sewing Machine Works under the management of Jay Engineering Works Ltd. from attending to their duties. The Union's allegation of unjustified termination of services of the nine workmen was stoutly denied by the management. According to the management, the services of the nine workmen were terminated for unauthorised absence without any intimation in accordance with the provisions of the Standing Orders. The Union subsequently produced documents to show that the workmen had informed the management about their inability to attend to their duties because of the law and order situation outside the factory premises. The management, however, denied having received any such information and also stated that it could not be guided in this matter by incidents outside the factory. The West Bengal Government later on learnt that the Union had in the meantime instituted a suit in the Civil Court on behalf of the nine workmen and that it had also raised the issue before the Conciliation Officer and that the matter was under conciliation.
26. 55. With regard to the Durgapur Chemical Employees' Union, the Government states that the West Bengal Government has since received reports to the effect that all members of the CITU Union have resumed their duties, and that there is no outstanding complaint on this ground.
27. 56. With regard to the allegations concerning the Durgapur Steel Plant, the Durgapur State Transport Service, and other industrial enterprises in Durgapur, the Government states that the West Bengal Government has reported that three-tier joint consultative machinery has been set up in Durgapur and Alloy Steel Plant, in accordance with a tripartite agreement dated 19.5.1972, to ensure industrial peace and uninterrupted production and to evolve principles and guidelines covering all matters relating to industrial relations. The CITU was a signatory to the agreement and all the three central trade unions connected with the two plants, namely the CITU, the AITUC and the INTUC, have been associated with this consultative machinery. Hence, according to the Government, the allegation of repression of the CITU Union in Durgapur Steel Plant is baseless.
28. 57. The Government, in connection with the allegations made regarding the Pandit Ancillary Workers' Union, states that the West Bengal State Government has informed it that action is being taken in the matter by the District Administration of Nadia.
29. 58. As regards the allegations concerning the Hindustan Iron and Steel Company Workers' Union the Government points out that the factory had been declared closed by the management with effect from 9 August 1971. It reopened, however, under a tripartite agreement, with effect from 25 November 1971. It reopened, however, under a tripartite agreement, with effect from 25 November 1971. The agreement, inter alia, provided for a phased programme for reemployment of workmen whose services had been terminated. Approximately 200 workmen were reported not to have been provided with employment for a considerable period of time. Through the intervention of the Labour Department, West Bengal, the management was made to agree to take back these workmen by 15 September 1972. There is, thus, states the Government, no outstanding complaint relating to this matter.
30. 59. In connection with the allegations concerning the Sri Saraswaty Press Employees' Union the Government states that a dispute concerning alleged wrongful termination of services of one typist of the Saraswaty Press was raised by Sri Saraswaty Press Employees' Union before the Labour Commissioner, West Bengal. The matter was taken up immediately for conciliation. On failure of conciliation, the dispute has been sent to the industrial tribunal for adjudication.
31. 60. As regards the allegation that the Government and police authorities have taken no direct action to prevent repeated violent attacks on executive officers, members and premises of unions affiliated to the CITU, UTUC, TUCC and UTUC (Lenin Sarari) by supporters of the ruling party and members of the INTUC, the labour organisation having the support of the Congress, the Government states that this is a vague complaint of a sweeping nature. The Government adds that whenever any specific case regarding forcible occupation of the premises belonging to one trade union by members of a rival union was brought to the notice of the authorities concerned in West Bengal, appropriate and prompt action was taken by them in the matter. The Chief Minister and the Labour Minister of West Bengal have, in the course of various policy statements, expressed in clear terms the West Bengal Government's firm intention of protecting the genuine democratic trade union rights of the workers in the State. This policy was reiterated on 11 September 1972 by the Chief Minister and the Labour Minister of West Bengal before the State Labour Advisory Board. The Government appends to its observations extracts from the speeches of these Ministers.
32. 61. Finally, in connection with the alleged attacks on 13 affiliated unions of the CITU on 22 and 23 July 1972, the Government states that this allegation has been investigated. An inquiry by the West Bengal Government revealed that on 23 July 1972 a group of people ransacked the CPI(M)-controlled trade union office of the Hindustan Gas Co. at 7/2 Chingrihata Lane. The incident might have been the sequel to an internal feud in the union concerned. All possible efforts have been made by the authorities concerned to apprehend the culprits and the case is under careful investigation by the police.

B. B. The Committee's conclusions

1. 62. The Committee, having taken note of all the information supplied by the complainants, observes that the main issue involved in this case concerns the numerous cases of alleged violence perpetrated by supporters of the ruling Congress Party against a large number of trade unions, principally those affiliated to the Centre of Indian Trade Unions, and against leaders and members of these unions. According to the complainants these attacks on workers, as well as on trade union property, have as their purpose the breaking up of CITU-affiliated organisations in order to strengthen new unions established by the ruling Congress Party. A secondary issue is the alleged passive attitude on the part of the police and administrative authorities to the violence and assaults and the forcible occupation of union offices. This attitude on the part of the authorities is interpreted by the complainants as constituting active support for the campaign against the CITU and its affiliates.
2. 63. The Committee recalls that in another case concerning India, it observed that violence resulting from inter-union rivalry might constitute an attempt to impede the free exercise of trade union rights. The Committee added that if this were the case, and if the acts in question were sufficiently serious, it would appear that the intervention of the authorities, in particular the police, would be called for in order to provide adequate protection of these rights. The question of infringement of trade union rights by the Government would arise only to the extent to which it might have acted improperly on the alleged assaults.
3. 64. In the present case, the Government states that whenever any specific case of forcible occupation of trade union premises by rival trade unions was formally reported prompt and appropriate action was taken by the authorities concerned in the form of investigations or inquiries and referral of disputes to conciliation and adjudication. The Committee also notes the Government's statement that the CITU did not in the first instance have recourse to the legal processes open to it to have the alleged wrongs rectified.
4. 65. The Committee takes the view that the situation involving the large number of unions affiliated to the complainant organisations was of a sufficiently serious nature, involving not only physical violence and destruction of property but also the severe restriction of the free exercise of trade union rights, to warrant stringent measures being taken by the authorities to restore a normal situation.
5. 66. It would appear, however, from the detailed information supplied by the complainants, that although the authorities were aware of the frequency and gravity of the attacks on members of CITU-affiliated organisations, or the property of these organisations, intervention on the part of the authorities was often inadequate to ensure protection of trade union rights.
6. 67. The Committee understands from the observations supplied by the Government that there has now been a general improvement in the situation and that in some cases outstanding grievances are being investigated by the police and the administrative authorities. Other cases, the Committee notes, have been referred to conciliation or to industrial tribunals for settlement.