Ankit Garg Is my Classmate

Tools Down: Workers of Bhiwadi

Tools Down @ Shriram Piston & Rings since 26th April 2014

a worldwide web of injustice against industrial workers

Photos & Text By Jharana Jhaveri


Since 15th April 2014 workers of Shriram Piston & Rings are on Tools Down



Gurudas Dasgupta, General Secretary, AITUC addressing thestriking workers on May-Day 2014. In the background is the Shriram Piston & Ring Factory at Pathredi, Bhiwadi inRajasthan.

India is a “continent” it’s is least well-known feature is its working class and the struggles it engages in.

“Ankit Garg is my course-mate n a fast-friend”, promptly rebutted the Superintendent of Police (SP) Mr. Vikas Kumar of Alwar district in Rajasthan during an informal conversation at the tent hardly 100 meters from the Shriram Piston & Ring Factory gate. Ankit Garg, the infamous SP of Dantewada District of Chattisgarh accused of ordering not only the rape of a tribal primary school teacher but many a heinous crimes against humanity carried out to facilitate the corporations such as TATA’sESSAR, VEDANTA, JINDALS in the name of wiping out naxals & naxalism from India’s richest lands. However, what is wiped out are indigenous people, their villages, forests,civilizations, livelihoods, democracy and the laws that were made to protect marginalized and vulnerable



communities.

“We used restrain rather than force, the police fired 17 rounds yet no one was killed… if anyone breaks the law they will have to face the music… If I have to choose I will not stand by the oppressed or the weak but rather bywhat is right as per the law. I am a follower of Gandhi nmy father was an employee of the TATAs, so I understand workers plight yet what is in my heart and what is my duty have little common meeting ground. It is not in my jurisdiction to know or understand the workers living conditions or unjust working conditions or unfair pay package, even if their wages are unjust and violate basicprinciples of survival or the labor law...they had no business to take the law in their hands… I along with 2000 strong police (including COBRA & RAF) stormed insidethe factory premises occupied by the workers. Even though we used bullets & lathi’s on sleeping workers, fired 17 rounds at 4:30 in the morning as we would face the least amount of resistance. The management informed us that the workers were on an indefinite Sit-In Strike. I did not inquire nor speak to the workers or their leaders prior to the lathi-charge”.



Sriram Piston is a vendor company of Honda, Hero Moto Corp, Maruti Suzuki, Bajaj Auto, Mahindra etc. The production in the Bhiwadi unit started from 29th March 2011. Few were transferred from the Ghaziabad unit, whichhas a puppet union and most of the workers were new recruits. Now the plant has 1856 workers. Among them 560 are permanent, few are trainee and remaining are on “Fix term contracts”, illegally employed in the main production for three years on contract basis.

The workers of the plant first initiated registration process of their union on 14th of Nov 2013 under extremelyexploitative-oppressive working & living conditions. As aconsequence, the president of the yet to be registered union, Mahesh Kumar was suspended on 6th of January 2014. On 31st January 2014, the union filed fresh registration with the help of AITUC. Soon after a continued process ofvictimization started. Leaders of workers were harassed and many were restricted entry into the plant without notice. When the workers decided to organize a meeting on9th of February, the general secretary was picked up by the company goons the previous day and was threatened dire consequences. On 1st March 2014, the company managed to get a stay on the registration of the union from the civil court by framing some false allegations. On 2nd march the workers held a huge meeting where 1600 workers participated. The Charter of demands was submitted to themanagement on 8th of March 2014. The company instead of feeling proud felt threatened seeing the workers unity intensified repressive measures by suspending more workers. The management asked the workers to do overtime on Sunday, on the 23rd of March 2014 those who refused were not allowed entry inside the plant the next day. 22 workers were suspended. The workers occupied the plant and stopped production. For the next five days almost a 1000 workers were on a SIT-In Strike inside the factory and around 800 workers outside the factory gates. On 28th March the management agreed to take back the suspended workers including the president of the union, in the nextten days. After repeated efforts failed in the tripartitemeetings on 15th April 2014 the workers were forced to strike down work once again and stop production. The stories of Maruti Suzuki workers long struggle of 2011



with the management are well known to most of the labor force in and around all of north India. Nearly 1200 workers of A & B shifts occupied the factory premises andthe 600 workers of C shift sat outside. The conciliation meeting too failed even in the presence of the District Labor Commissioner in Alwar in 23rd of April 2014, as the President of the Union was not allowed to take part. On 26th of April as soon as the elections were over the police along with hired bouncers surrounded the factory from three sides.

On inquiring about the role of bouncers, the SP obliged, “we are also looking into the claims made by the workers that the management hired bouncers to terrorize the work force and they rather than the workers were responsible for burning four vehicles. My officers have seen the CCTVfootage shot by the management, though I have yet to see the same”.

Mahesh Kumar 34, the President of the union was employedfor more than two years in the maintenance department as a fabricator, along with Harikishan 36, a milling operation from the Tools Rooms employed since a year and



nine months with a salary of Rs. 8050/-. Both faced suspension. Most of the labor hired is Industrial & Technical Institute trained. They were hired under ‘FixedTemporary Contract’ of three years and receive a salary of Rs. 5000/- to Rs. 7000/- per month.

“It is the first time police atrocities have taken placein the Bhiwadi Industrial belt”, observes, Shriram Yadav,a veteran unionizer with All India Trade Union Committee (AITUC) affiliated to the Communist Party of India. Shriram Yadav hails from Khanpur in Bhiwadi. “I’m from a farming family with one sister and three brothers sharing10 bhegas”. He started his career on a salary of Rs. 48/-in 1958 at the age of 17-18 with Raja Toys owned by B.P. Joshi located in Sadar Bazar, Delhi, as a helper and later as a key-maker. “When I retired I was earning Rs. 2000/-. In Haryana & UP news of police atrocities are commonplace but in Rajasthan the workers have always followed the law, observed the procedures and settled disputes amicably. Earlier there were 35 AITUC unions in the Rajasthan Industrial Belt (RIICO) now there are hardly three or four. Partly it is our fault n partly theimplementing policy of the state machinery and the rise of capitalist right wing. There are between 4000 to 5000factories in this area. In 1990 I stood for the MLA elections and lost”.



Shriram Yadav 82 years

With help from human rights groups, other trade unions, a few sympathetic individuals from left political partiesand the independent media the FIR was filed after ten days of collective pressure.

The SP threatened in a rather dismissive tone, “I’m in the process of indentifying and will soon be arresting around 400 odd workers who broke the law. As to verify ifthe management had hired any bouncers who were responsible for unlawful activities, we will need to lookinto it. I will do what is within the law. Those who think the law is on the side of the management are biased”.

Mahesh, the uncompromising leader of the workers of Shriram Piston, has a different story of tell. “On 31st ofJan 2014 we went to register ourselves as a trade union. But the company imposed a stay with the help of an unsympathetic sitting judge of Tijara Court. Between 24th and 27th of March 2014 the company recruited 200 odd bouncers (hunch-men) who were paid handsome salaries {Rs.



1500/- per day} & a daily diet of banana & milk; to terrorize us”.

“On the 15th of April we had to resort to a SIT-IN (Tools Down) inside the factory premises once again. On 23rd April 2014 in a meeting at the plant, with the deputy labor commissioner (DLC) & Mr. R. B. Sharma (who refuse to speak to PUCL/OUTLOOK) from the management side, I andHarikishan (both suspended) were not allowed to participate in the meeting the management also made it clear that the 22 suspended workers will not be allowed inside the factory premises. They were issued resignationletters on grounds of inappropriate attitude and non-performance of designated duty (both claims were false). Though most were on a three-year contract and many on a short-term contract working for as long as a year and a half. There were heated arguments and the DLC was forced to speak to both the parties separately. Our demands werenormal: 1.Re-instate the twenty-two workers; 2.recognize workers right to form a trade union and 3.resolution of all the demands made earlier”.

“The management accused us of ‘taking-over’ the plant since a week and a half and demanded that we should ‘vacate’ the same immediately. We work at the plant, whatdo they mean by ‘take-over’ and ‘vacate’. Talks failed time & again, promises n betrayals, there was extensive planning from their side. 24th April was the date for the state elections, 25th April the management was unable to arrange for the force… so finally on the 26th of April around 4 am the police force moved inside the factory compound. Only a few boys who were on vigilance duty knewthat the force had moved in. Most were still asleep when the police & the bouncers mercilessly lathi-charged, knifed, rodes and fired rubber bullets on sleeping workers. 26 of our men were kidnapped in a separate vehicle and taken to Alwar and later transferred to Kishangarh Jail and the rest were beaten mercilessly evenafter they were pushed outside the factory premises. Not even animals are beaten so brutally. Those arrested included Ramvir Yadav The General Secretary of our yet tobe formed Trade Union & Hansraj Yadav, The Treasurer, Bhim Saine Member Core Group, Pushpendra, Sonu, Rajesh



Yadav, Ashok, Vinay, Bapulal, Rajesh, Banwarilal… to mention a few”.

“Labor is reduced to only carrying weight from place A toplace B. We are not human beings. Suck as much blood off us as possible”. Mahesh Kumar further, expresses his sympathy his & his fellow workers plight & rage towards the attitude of the State & the management. We work hard;think of taking the company on top but the management thinks of us as a their donkeys. Even after being forced out of the plant when the beating didn’t stop, a few had to resort to throwing stones at the police in self-defense. Some glass windows crashed. It is untrue that the workers burnt any vehicles. The company gave the workers’ uniforms to many bouncers. It must be them. I was personally trying my best to control the situation and made sure no worker was involved in any violence. The200 odd hired bouncers used knives; the police used plastic bullets, tear gas, rods and lathis… so so many were injured. Not to mention the fear they continue to live in. The management thought once the elections on the24th of April were over, they would get the help of the police to throw us out -vacate the plant n recruit new labor. One has to struggle to fight for one’s rights. We have now embarked upon that journey.



After Mahesh Kumar’s testimony Harikishan Yadav also 36, who has a handicapped wife and two children in class seven & eight hails from Mewat District in Haryana submitted his account. “As soon as our leader Mahesh ji went for talks, I along with my co-workers sitting peacefully after the heated phase was over approximately 50 feet away from the plant. That very evening, the Collector, the SP, the DSP came to the plant with additional forced of at least twenty more vehicles… two vehicles with men were sent behind us, two each on the sides n two in front. It was announced that within ten minutes move behind 500 meters or the lathis will be usedonce again. So I along with other workers collected our belongings and moved back towards the village. From all four sides we were surrounded as if flies on a piece of jaggery. Once again I called our leader who had gone for talks with the management informing him that we are surrounded from all four sides. Our leader Mahesh ji informed the police n the management to withdraw forces that were on red-alert to lathi-charge, if the talks wereto take place. I kept calling Mahesh ji and saying is themanagement interesting in talking to us or only in finding excuses to bashed us up. Mahesh Kumar who had



gone with a few others for talks informs, “ The District Collector & the SP asked us the cause for the dispute. Wenarrated what we had faced. They didn’t dispute nor extended a word. In fact the SHO Kailash mockingly said “so many people are worse off than these workers, why create a fuss…? They instructed us to keep a distance of 500 meters as per the court orders. You can continue yourprotest installing a tent 500 meters from the factory. This is all that was discussed in the talks. Since the 26th April our protest demonstration continues. Now there are approximately 1200 workers sitting at the dharna site.

SDM Mr. Suresh Yadav suggested that we sit inside the graveyard, which is located around 300 meters from the factory plant. The second location suggested was the ground under a tree, which the village women-folks use astoilets and to bake the gobar-cakes used as firewood. I cannot speak about the administration but the company hadused unfair means and can go to any extend, like they called the bouncers, they are capable of employing any means to demoralize and terrorize the workers. If we are close to and in-touch with the village nearby we gain a little support from them. Hopefully humanity isn’t



completely dead as yet. On humane grounds the villagers always step forward with a helping hand. The villagers would try and make sure that no innocent man is bashed up. However if we are secluded from the village and far from the factory any untoward incident is likely to take place. For example, one of the workers had gone to the toilet near Shriram Cholk when two men on a motorcycle-stopped n hit him with the butt of a gun. They threatenedhim with dire consequences if the protest continues and whisked off. The company has money power to buy hunch menand anyone who is willing to use unjust means for a little money. They have no identity but the damage they cause would be irrevocable. Thus we did not want to set up tent far from the factory premises. As far as following the law is concern, we are to maintain a distance of 500 meters, which we have & will maintain. Beit here or anywhere else”.

On 31st Jan 2014, onwards when the workers filed an application at the labor department in Jaipur for registration as a Trade Union, the hostility n climate ofdistrust clouded the skies. Soon the management got a false written statement from one helper, Navin Bhardwaj stating no union meeting had taken place and on the basisof his statement the management got a ‘stay’ from Tijara court located about 60 kilometers from Bhiwadi. This was only possible because the sitting judge did not listen toboth the parties. Since 20th Feb 2014, Navin Bharadwaj is on paid leave. Later, he gave in writing to the union that he was manipulated, misguided n misinformed by the management. The next hearing is scheduled for the 24th of May 2014. But our experience so far is that on each countthe courts and the administration sides with the management instead of the workers, complained another worker. Kunal Ravat, AITUC lawyer is representing the workers in Jaipur and Bhishambar Dayma at Tijara Court both for the 26 workers under illegal detention in Kishangarh Jail since 26th of April 2014 and for the unlawful and unjust stay against the workers legal right to form an independent trade union.



The quality of these village lodgings is often Spartan (3m x 3m) for exorbitant rents and often with deplorable sanitary conditions.

Approach road & drainage to workers quarters

POST SCRIPT:



A.K. Taneja MD & CEO Shriram Pistons & Rings, R. Srinivasan Jt. Managing Director & Ms. Meenakshi Dass Whole Time MD collectively draw a salary of more than Rs.61 million per year.

Dhanraj Singh, Labor Commissioner, Jaipur, has so far refused to go and meet the workers of Shriram Piston & Rings.

PUCL, Jaipur has promised legal and all other possible help to the workers.

Many unions from Rajasthan and neighboring Haryana (Gurgoan) have extended solidarity. Support from civil society and student groups is anxiously awaited.

The bouncers set 4 cars on fire to blame the workers. Thenear by villagers came out and stood solidly in support with the workers. The police were forced to retreat. 150 workers were injured, 79 had to be admitted in Bhiwadi hospital. The condition of 4 workers became serious and they had to be transferred to Alwar. Police in a kidnapping style arrested 26 workers… Cases under section147, 148, 332, 353, 307 (attempt to murder) 120B (Criminal Conspiracy to kill someone) have been slapped not only against workers but also villagers such as Dinu Chaiwala, a muslim elder of the village where the protesting workers are sitting/living day-n-night. He makes a living by selling tea to the workers.



Dinu Chaiwala: Hails from Village Pathredi. 307 under CRPC


Ankit Garg Is my Classmate

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