LABOUR LAW , HUMAN RIGHTS VIOLATIONS BY INDUSTRIES

e –Voice Of Human Rights Watch – e-news weekly

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Editor: Nagaraj.M.R....vol.4…issue.02......12/01/2008

Editorial : an appeal to H.E HONOURABLE GOVERNOR OF KARNATAKA

Your Excellency ,

Sub : Human Rights Violations by assistant labour commissioner of mysore & labour commissioner of Karnataka

e – Voice of Human Rights watch is an independent body providing a forum for oppressed people- the dalits, the tribals, the minorities, all oppressed people to make public - their sufferings, violations of their human rights & fundamental rights. The HRW brings up these issues with appropriate government authorities and in some cases raises the issues as “Public Interest Litigation” in the apex court, to undo the injustices. One of the most frequent place of human rights violations is the sufferer’s “Work place”. Some of the business enterprises take advantage of chronic unemployment problem & corruption in government. Service. These enterprise make the labourers to work for meager wages in unhealthy work conditions. These enterprises haphazardly dumps the factory wastes in the open polluting the environment and causing health damages to the people living nearby. These type of enterprises even cheats the government, lending banks & small investors, by fraudulent financial deals. There are no words called ETHICS, TRANSPARENCY & CORPORATE GOVERNANCE in their book.

The labour commissioner of Karnataka didn’t do his duties properly when cases of labour law violations were brought before him by us , he even failed to reply to our request for information as per RTI Act once & during second application he transferred the requests to ALC Mysore. The ALC Mysore failed to provide full truthful information to us.

When the criminal managements of industries & corrupt union leaders together enter into unholy alliance , ( threatens the employees to keep mum or face with dismissals ) enter into unjust agreements which violates labour laws , which forces the employees to work for continuous 12 hours without rest intervals , without break in night shifts , unequal pay for work of equal value , etc ,is it not the duty of labour officials to enforce labour laws & scrap such unjust agreements. The employees of such industries don’t complain openly for fear of loosing jobs , the union leaders keep mum by taking bribe , what is duty of labour department in such cases? Is it not the duty of labour officials to enforce labour laws suo-motto & to bring the same issue before the labour tribunal / labour courts which are dealing cases related to such criminal industries .

In mysore M/S RPG CABLES LTD , unequal pay was given to workers for work of equal value , workers were forced to work in hazardous conditions ,without rest intervals during night shift & over time even a dispute was filed about this issue. In mysore , in various industries 12 hour shifts is a norm , machine layout worst leading to accidents . in mysore , at construction site of INFOSYS TECHNOLOGIES numerous work related accidents have taken place resulting in physical disabilities of workers , some even resulting in deaths. These violations at INFOSYS site were even reported in the local media. However ALC Mysore replied to my RTI application stating that there is no such dispute with respect to RPG CABLES LTD is pending before ALC Mysore , there are no industries working in 12 hour shifts & no accidents / deaths of workers at INFOSYS construction site is reported except the one in 2004. as per ALC Mysore here at mysore industries there is RAM RAJYA , where as in practice it is just the opposite – RAVAN RAJYA. Our publication has even offered conditional services to LABOUR COMMISSIONER of Karnataka & ALC of mysore , in apprehending criminal industries . they are not ready & keeping mum .What action against the negligent , lying ALC of mysore & negligent Labour Commissioner of Karnataka .

Hereby, I do request your kind excellency to read the following articles & to take appropriate measures in the interest of justice to the toiling work force. JAI HIND . VANDE MATARAM.

WAKE – UP HONOURABLE PRIME MINISTER OF INDIA

RPG CABLES LTD thy name FRAUD ? BEWARE BANKERS& SMALL INVESTORS M/S RPG CABLES LTD , an industry located at mysore is promoted by the most influential congress M.P mr. R.P.Goenka. the senior executives of the company are looting the resources of the company in turn bringing bad name to the company &causing immense losses to all stakeholders.

Without due permission of the customers & in violation of customer contracts, these executives are effecting deviations in the process like using recycled products, processing at higher speeds & using the approved materials at the ends of the cable ie testing lengths only , in between the cable length non-conforming raw materials are used. Thereby, these executives are cheating the customers like BSNL, PGCIL, GAIL, MTNL, etc since years. Many cables are failing at fields , if thorough inspection is done many more will cometo light. The company is made to pay huge penalties , even suffered blacklisting all due to the greedy actions of senior executives. There is no proper tendering procedure while purchasing raw materials or disposal of machineries . The money is siphoned-off to sister companies by offering low interest loans,selling the shares at undervalue or by purchasing shares at inflated price , etc. There is no proper documentation or tax payments for the flow of goods between M/S RPG CABLES LTD, MYSORE & M/S CONCEPTA CABLES LTD, MYSORE. There is no word called TRANSPARENCY OR CORPORATE GOVERNANCE in their books.

These type of ill-gotten wealth of various industrialists & traders in india is fuelling the black economy, destabilising the economy, cheating the government of it's tax dues, cheating the lending banks, funding the political parties,underworld & terrorist outfits. The senior executives of the company are leading the luxurious lifestyles much above their known sources of income. When mr. R.P.Goenka has failed to properly govern a small company, how can he govern our vast country India being a member of parliament ?

The shameful part is that inspite of so much of cheating by the said company ie by it's executives , now the government through BIFR has given loans again to this company. Definitely this money to the tune of crores will disappear in the black hole too . God save my country.

RPG CABLES LTD & SUDARSHAN TELECOM MYSORE -Are they adhering to environmental norms ?

These two private companies situated at mysore, karnataka state are in the business of manufacturing polythene insulated jelly filled cables & optic fibre cables for Tele- communication purposes. These two companies are burning off polythene wastes in the open releasing various toxins to the atmosphere . also , they are not properly disposing off non bio-degradable wastes like optic fibre & fibre reinforcement materials ,which poses a grave threat to the public at large. In addition they are not taking proper occupational safety measures in handling these materials posing a grave threat to the lives of employees. Karnataka pollution control board & labour department are you hearing ?

wake-up labour commissioner & chief inspector of factories , government of karnataka. - illegal, unfair labour practices by M/S RPG CABLES LTD MYSORE , M/S VARSHACABLES LTD MYSORE , M/S FINECORE CABLES LTD , MYSORE.

In M/S RPG Cables Ltd , the workers are forced to work in hazardous atmosphere without proper safety gears , safety shoes & forced to lift/push heavier loads . They are forced to work throughout the night shift even without mandatory½ hour break. labour laws are flouted rampantly , some of the workers are suffering from health problems due to exposure to the fumes of hazardous chemicals like M.E.K , polythene compounds , petroleum jelly , optic fibre materials. The management has illegally retrenched number of workmen from the service &has appointed number of casual labourers in their place . to by-pass the law they have even outsourced some works.

In M/S VARSHA CABLES & M/S FINECORE CABLES and it's sister concerns ,workers are subjected to work in hazardous conditions. First of all , the machine layout , the space for material movement, & storage space is so congested that the accidents are definite to happen. There are allegations that some of the workers are not even paid nominal wages & are not even covered by E.S.I , P.F. the workers are not even provided with appropriate safety gears . To escape from legal prosecution the names of workers are not maintained in muster rolls instead it is just entered in a note book. Provisions of drinking water , urinals , first aid , etc are poor. The workers are forced to inhale the fumes of polythene compounds ,petroleum jelly , etc and forced to lift/push heavier loads . even women workers are made to work for long hours. Are the factory inspectorate & labour department sleeping ?

The managements of companies violate various labour laws & pressurize workman by threat of dismissals not to complain to authorities. Also, the managements buy-out union leaders , not to make complaint to authorities.

The labour department is duty bound to enforce labour laws in all establishments , irrespective of whether workers union or individual workman has made complaint to labour department or not.

The management of RPG CABLES LTD is not giving employees seniority list or other requested information to us , ASSISTANT LABOUR COMMISSIONER OF MYSORE is not giving the same as per RTI Act. Further ALC , mysore is lying that his office has not received any complaint from us regarding this issue. I have previously sent representations through registered post / courier to his office & even LABOUR COMMISSIONER of Karnataka has redirected some of my representations to ALC mysore. Is all these to cover-up criminals of RPG CABLES LTD ?

RPG CABLES LIMITED MYSORE– FIT TO BE BLACK LISTED BY THE GOVERNMENT FOR UNFAIR TRADE & LABOUR PRACTICES. This is a company promoted by longtime supporter & congress M.P (member of parliament ), mr. R.P . GOENKA. the company was blacklisted by the supreme court of india in 1996.the company was subjected to inspection by department of telecommunications& tax authorities ,for various violations of contract ,tax laws , etc ,time & again ,however each time it was MANAGED WELL.

Due to various wrong decisions of the management like purchase of wrong raw materials(not up to customer requirements),changing process parameters and using reworked/recycled materials, all in violation of CONTRACTS WITH THE CUSTOMERS(like BSNL , MTNL , PGCIL , GAIL ) . thereby the customers were supplied with inferior quality products than those mentioned in the contract . as a result the company was forced to frequently pay-up penalties to the customers & to provide replacements to the customers ,all to the tune of crores of rupees .after opening up of CONCEPTA CABLES LTD in mysore beside the RPG CABLES LTD in mysore the materials used to be moved from one company to another without any documents or excise documents. the company has totally disregarded the safety & environmental norms. HOWEVER WHENEVERGOVERNMENT OFFICIALS CAME FOR INSPECTION THEY MANAGED IT SO WELL WITH THE AID OF FAKE DOCUMENTS.

The management frequently made large purchases from the market without calling for public bidding / tender. the management frequently gave loans/money advances to the sister concerns at low lending rates than the prevailing market rates. finally as a result the public –the Share holders , government , lending banks are cheated by the management.

AN APPEAL TO H.E.HONOURABLE GOVERNOR OF KARNATAKA , BANGALORE

Your Excellency,

subject : 1) illegal retrenchment by M/S RPG CABLES LIMITED.MYSORE. 2)THE NEGLIGENCE OF DUTY BY ASISSTANT LABOUR COMMISSIONER MYSORE. 3)refer : IDA-3/CR-152/2002-03 dated 25/05/04

I have brought the issue of illegal retrenchment of me by the above saidmanagement and other injustices , to the notice of honourable labourcommissioner on 15/05/04.in turn he directed the A.L.C MYSORE to take action& to send a report to him.on 02/07/04 the A.L.C mysore informed me that asthe same dispute of retrenchment has been filed by RPG CABLES EMPLOYEES UNION& as she has sent the failure report to the government , the matter is closed. The A.L.C mysore has not taken into consideration the total number of employees(workman) working in RPG CABLES unit 1 &unit 2 mysore ,RPG CABLES branches at silvassa, raebarelli U.P. , thane , maharashtra and the marketing offices spread throught india, in the preceding 12 months .all these units are merged , a single entity with common registered office at mysore. In my application dated 15/05/04 , i have raised other issues of injustices like ,damage to my health , occupational safety ,unfair labour practices , etc the A.L.C mysore has not treated those each issues as separate disputes and has clubbed everything with the issue of retrenchment & swept it away. why this negligence of duty ?

The managements of companies violate various labour laws & pressurize workman by threat of dismissals not to complain to authorities. Also, the managements buy-out union leaders , not to make complaint to authorities.

The labour department is duty bound to enforce labour laws in all establishments , irrespective of whether workers union or individual workman has made complaint to labour department or not.

The management of RPG CABLES LTD is not giving employees seniority list or other requested information to us , ASSISTANT LABOUR COMMISSIONER OF MYSORE is not giving the same as per RTI Act. Further ALC , mysore is lying that his office has not received any complaint from us regarding this issue. I have previously sent representations through registered post / courier to his office & even LABOUR COMMISSIONER of Karnataka has redirected some of my representations to ALC mysore. Are not these acts & omissions of ALC Mysore aiding to cover-up criminals of RPG CABLES LTD ?

1. there are workman much junior to me in my category working in the company. 2. after effecting the retrenchment on 29/04/04 the management through oral orders has made internal transfers to my category .these new transferees are also much junior to me. 3. i was not paid equal wages for the work of equal value & quality. 4. i was made to lift, push weights more than 60kg all alone. 5.i was not provided safety gears against the fumes of methyl ethyl ketone ,petroleum jelly , H.D.P.E , L.D.P.E compounds. 6. i was not provided safety gears to handle optic fibre cable materials. 7. some times even hand gloves were not provided. 8. since 2 years i was not provided even safety shoes & clothings . the first-aid room is not properly equipped ,the accidents go unreported intentionally. 9. in night shifts i was not even provided the 1/2 hour rest interval. During overtime shift continuation also the 1/2 hour rest interval were not provided to me. 10. various machines are without proper safety guards .the D.G sets are operated by the personnel without D.G OPERATOR LICENCE. 11.no yearly employee health check-up nor the safety audit is conducted. 12. the scrap disposal is not proper ,the cables are burnt in the open ,the optic fibre cable scrap is thrown in the yard. 13. due to all these unhealthy work practices & surroundings , i have suffered health damages 14. the management has closed the canteen while conciliation was going on. 15.the management was paying rupees 8.00 as the canteen allowance plus subsidy for each day instead of rupees 9.50 which it was paying early to the canteen contractor. 16. the management effected the retrenchment while the conciliation proceedings were going on. 17. the management threatened me of dismissal if i don't resign from the union leadership. 18. the management didn't take into account the balance of working days of the previous year nor it was carried forward while giving EARNED LEAVE for the current year. 19. the management was not paying the monthly salary on the stipulated date. 20. the management didn't pay the full & final financial settlement on the last working day together with retrenchment notice . HEREBY, I DO REQUEST YOUR KINDSELF TO TREAT THE EACH ISSUES AS SEPARATE DISPUTES , TO GIVE ME JUSTICE , TO ORDER MY RE-INSTATEMENT INTO SERVICE WITHFULL BACKWAGES, TO SECURE ME THE MEDICAL COMPENSATION TOWARDS HEALTH DAMAGES.

Your's sincerely,

Sufferer of injustices

Crimes at INFOSYS campus ?

- wake-up government of Karnataka - an open letter to mr.Narayan murthy

INFOSYS is an indian corporate which made india proud globally & made all it's employees prosper, become shareholders in the prosperity of the company. Infosys has made & is making various humanitarian services/aid through it's hard earned resources. thereby bringing smile to the faces of numerous oppressed ,disadvantaged people. every indian is proud of responsible organisations like infosys & we do sincerely appreciate the company.

Recently , disrespect was shown to our sacred Indian National Anthem at your campus , aping americans is not a big thing . Americans are what they are because they love their country. Every human being must love & respect his motherland & mother first , everything matters later. This crime at your campus is inexcusable.

There are also allegations that at your campus , usage of illegal drugs by inmates is rampant & some inmates behave indecently with girls . how you are ensuring the safety of women at your campus ?

Recently , it has been reported that there are recurring deaths of labourers at your construction site due to lack of proper occupational safety measures . also, it has been reported many of the labourers are not even covered by ESI & PF . from the day one how many persons have died & how many were injured , physically disabled till date ? what follow-up action has been taken by your organization ? is it not the duty of your organization to respect the law of the land with respect to labourer's safety ?

However there are complaints of human rights violations in your own backyard. Infosys is building a vast campus in mysore since 2 years. The construction work has been given to contractors, who in turn has given out subcontracts . some of these sub-contractors are employing persons without E.S.I & P.F COVERAGE .these employees are forced to work at heights without any safety gears. some of these employees have suffered damages to their limbs , hands ,fingers while performing their duties . in such events, the sub-contractor takes the injured to a private hospital, arranges for medical treatment for a day or two . afterwards , he is given a pittance as compensation ,dismissed from service & left to fend for himself . no further medical care at all. these sub-contractors are so cunning that they don't even leave a single shred of evidence to prove that the injured employee was working on that site . the labourers attendance is just marked on a notebook , not any official register .as a result the injured is unable to legally prosecute the guilty . the end result fingers or hands or limbs lost to INFOSYS. Being the principal employer, is it not your duty to ensure proper E.S.I & P.F coverage of all contract labourers by their respective contractors. Your organissation is not even responding to our queries , is it justified ?

AN APPEAL TO HONOURABLE LABOUR COMMISSIONER OF KARNATAKA & CHIEF INSPECTOR OF FACTORIES FOR KARNATAKA

Kindly give me status of following complaints made to you long back , till date there is no action , why ?

DPG/X/2006/80134

DARPG/E/2006/05917

DPG/X/2006/80133

DPG/X/2006/80134

DARPG/E/2006/07944

DARPG/E/2006/07945

AN APPEAL TO HONOURABLE UNION PRIME MINISTER , GOI

Kindly give me status of following complaints made to your cabinet ministers & the telecom PSUs mentioned alongside long back , till date there is no action , why ?

DPG/M/2006/80001 complaint made to BIFR

DARPG/E/2006/00009 complaint made to BIFR

DPG/T/2006/80001 Complaint made to BSNL

DARPG/E/2006/00010 Complaint made to BSNL

DPG/T/2006/80002 Complaint made to MTNL

DARPG/E/2006/00011 Complaint made to MTNL

DPG/R/2006/80001 Complaint made to RailTel

DARPG/E//2006/00012 Complaint made to RailTel

DPG/M/2006/80002 Complaint made to PGCIL

DARPG/E/2006/00013 Complaint made to PGCIL

DPG/N/2006/80001 Complaint made to GAIL

DARPG/E/2006/00014 Complaint made to GAIL

DPG/M/2006/80003 Complaint made to union finance minister

DARPG/E/2006/00015 Complaint made to union finance minister

DPG/M/2006/80004 Complaint made to union minister for company affairs

DARPG/E/2006/00016 Complaint made to union minister for company affairs

DPG/M/2006/80005 Complaint made to union minister for commerce & industries

DARPG/E/2006/00017 Complaint made to union minister for commerce & industries

DPG/B/2006/80002 Complaint made to minister of state for banking

citizens of india vs supreme court of india

Dear Madam / Sir , Hereby , I am producing cases of human rights violations in India , by the Indian police , Indian judges & Indian public servants. Our publication e - Voice Of Human Rights Watch is struggling against the double standards of Indian police & Indian judiciary , in a democratic manner. Will you lend your support to this struggle ? Read full text of the article : Citizens Of India Vs Supreme Court Of India at following web pages : http://evoiceofhumanrightswatch.wordpress.com/ , http://indiancitizen.wordpress.com/ , http://indiapolicelaw.blogspot.com/ ,http://hrwpaper.blogspot.com/ , http://e-voiceofhumanrightswatch.blogspot.com, http://evoiceofhumanrightswatch.rediffblogs.com/ , http://indiancitizens.rediffblogs.com/

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