An appeal to labour organisations, social activists, intellectuals and students-youths

Three leading young activists arrested in false cases to crush a workers' movement, 9 more workers implicated in false cases

Labour leaders beaten up in the office of ADM (City) after being called for talks

Young activist suffering from serious heart ailment brutally beaten up

Bail denied till 22nd October, police planning to prolong their detention by accusing them as "Naxalites" and "terrorists"

Reign of police terror at the behest of owners

In order to crush the labour movement which is going on for last two and half months in Gorakhpur city of eastern Uttar Pradesh, the administration has launched a naked reign of terror at the behest of the factory owners. The industrialist-administration-politician nexus is hell bent on crushing this lawful movement at any cost by taking resort to arrests, implicating in false cases, slandering through the media and threats.

On the night of 15th October, three leading activists of the "Joint Workers' Rights Struggle Forum" - Prashant, Pramod Kumar and Tapish Maindola - were arrested by the police. Even though the police have filed cases under bailable sections, the City Magistrate refused them bail on 16th October and extended their custody till 22nd October.

Before this, on the night of 15th October, the district administration called the three leaders to the office of A.D.M. City for talks where they were assaulted by the ADM (City) Akhilesh Tiwary, City Magistrate Arun Kumar and Inspector of Cantt Police Station Vijay Singh. These three senior officers personally led other policemen to severely beat up the labour leaders. They didn't even spare the young activist Prashant even though he and others repeatedly told the officers that he is a heart patient and the beating might have grave consequences for him. This barbaric act by the custodians of law itself shows how brazenly they are siding with the factory owners!

The mobile phones of all four leaders were taken away and switched off in the office of the ADM City and they were not allowed to meet or talk to anyone in clear violation of the directions of the Supreme Court. They related these events on the evening of 17th October when some friends managed to meet them in the jail. They told that the administration refused to take them for a medical check-up despite demanding it repeatedly. Prashant has a serious heart ailment for which he is taking treatment from AIIMS, Delhi and Max Devki Devi Heart and Vascular Institute, Delhi. He was not allowed medical treatment or to get his medicines despite informing the authorities about this. The ADM City abused Prashant when he asked for it. All the while, the officials were asking them to abandon the workers' movement and threatening them with dire consequences.

Later they were taken to the Cantt. police station where they were charged with section 384 of IPC (extortion) apart from various sections for breach of peace (151, 116, 147). The next day false cases were registered by the factory owners against 8 workers plus these four leaders under various sections for forcefully tryingto close the mill, stopping the workers from going to work, threatning etc.

From the day of the arrest itself, the officers of district administration are giving statements that the labour leaders are arrested on the suspicion of being "Maoists" and that "objectionable" literature has been recovered from them. It needs to be mentioned that right from the beginning of the agitation, in order to defame it, the local industrialists and administration led by the M.P. of Gorakhpur have been accusing the leaders of being "Naxalites" and "outsiders". Some officers have told local journalists that the police are preparing cases to keep the leaders under custody for a long duration.

Before this on 15th October, the workers who were sitting on indefinite fast and at the district magistrate's office were forcefully evicted from there. The female workers were literally dragged to remove them from the campus. Women workers protesting against the arrest of Prashant, Promod and Tapish were manhandled.

The workers were demanding that the administration must ensure implementation of the agreement which was brokered by the administration itself. Under tremendous public pressure in favour of the agitation continuing from the first week of August, the administration had got the agreement signed and had given a fortnight's time to the owners to implement it but the owners are openly flouting it. Even after more than two weeks, more than half of the workers have not been taken back to work. At last, when on 14th October the workers started an indefinite fast at the D.M. office, the administration came down heavily on them with its full might.

The demands of these workers of Modern laminators Ltd. and Modern Packaging Ltd. are pretty basic. They are demanding basic rights like minimum wages, job card, ESI card etc and implementation of only a fragment of the labour laws. These workers have been working as modern slaves in almost unbearable and extremely unsafe conditions at very low wages for more than 12 hours a day. All the factories of Gorakhpur have similar conditions. There are no unions in any of the factories; any attempt to organise is immediately crushed. For the first time ever, around five months back, workers of three factories Ankur Udyog Ltd., VN Dyers yarn mill and VN Dyers textiles, formed the "Joint Workers' Rights Struggle Forum" and fought for minimum wages and reductinon in working hours. They braved all odds and were successful in gaining a partial victory. This motivated the thousands of other workers who are toiling in these conditions for years. This explains why the current workers' movement has become a thorn in the eyes of not only the two factory owners but all the industrialists of eastern Uttar Pradesh are losing sleep because of this. They want to crush this agitation at any cost and "teach a lesson" to the workers. The factory owner Pawan Bathwal is a Congress leader and enjoys open support of the local BJP MP Yogi Adityanath. The officers of the local administration and the labour department are sold off. There is a general view in the city that the factory owners have distributed a lot of money among the officers.

During the past two months, the workers have conveyed their demands repeatedly at every level of the administration from Gorakhpur to Lucknow, but the government which talks of "Sarvjan Hitaay"(welfare of all the people) has not bothered to look over it.

After unsuccessful attempts to threaten and split the workers and their leaders, a campaigned was initiated in the last month that this agitation is being led by "Maoist terrorists" and "outside elements" and it is a "conspiracy to destabilise eastern Uttar Pradesh". There cannot be a bigger lie than this. All the three jailed activists who are active in the Joint Workers' Rights Struggle Forum have been working in with various mass organisations for a long time. Prashant and Pramod have been working among the students and youths for past several years. They were active in the factory workers' agitation as well as the agitation of sanitation workers of municipal corporation and university. Most of the intellectuals and workers of the city know them very well.

Tapish Maindola is associated with worker's magazine "Bigul" and specializes on labour affairs. He is also a social activist and has been working among the sanitation and factory workers workers of Noida and Ghaziabad for several years. These days the rural workers under NREGS of Mau, Mainpuri and Allahabad are organising for their demands in his leadership. The Delhi High Court is hearing a Public Interest Litigation based on the well-known report prepared in the leadership of Tapish on missing children of the workers of the Delhi and adjoining region. All the three activists are supporters of mass-based politics and have been opposed to the politics of terror.

This is a naked example of the government ploy of crushing any mass movement by branding it as "Maoist". It must be opposed and exposed. It is a direct challenge from the rulers to all the justice loving citizens, intellectuals, journalists, student-youth activists. Can we keep silent on it? Can we remain mute witness to this farce of "democracy"? We appeal to you to register your protest against this conspiracy to crush a just workers' movement in all possible manners.

What you can do:

- Send letters of protest through fax, email or speed post to chief minister of Uttar Pradesh, chief secretary, labour minister and labour secretary and district magistrate of Gorakhpur protesting against the repression of workers' movement and the arrest of labour leaders. (List of addresses, numbers and emails is given below.)

- Organise meetings and dharna-demonstrations on the issue.

- Issue statements to the media in protest on behalf of your organisations and initiate signature campaigns and send to the above address.

- Participate in the demonstration at Uttar Pradesh Bhavan in Delhi on 21st October, 11 AM by different organisations.

On behalf of the intellectuals, common citizens, students-youths in support of the workers' movement of Gorakhpur,

Katyayani, Satyam, Meenakshy, Rambabu, Kamla Pandey, Sandeep, Sanjeev Mathur, Jaipushp, Kapil Swami, Abhinav, Sukhvinder, Dr. Dudhnath, Shivarth Pandey, Ajay Swami, Shivani Kaul, Shweta, Neha, Lakhwinder,Rajvinder, Ashish,Yogesh Swami, Namita, Vimla Sakkarval, Charuchandra Pathak, Rupesh Rai, Janardan, Sameeksha, Rajendra Paswan.....

For further information, contact:

Satyam: +91-99 104-62009, Sandeep: +91-9350457431

Email: satyamvarma@gmail.com, sandeep.samwad@gmail.com

For news clippings, reports and pictures of this workers movement, visit this blog:

http://bigulakhbar.blogspot.com/

List of addresses, phone-fax numbers & emails of officials:

Governor: Shri BL Joshi

Raj Bhavan, Lucknow, 226001

Phone: 0522-2220331, 2236992, 2220494, Fax: 0522-2223892

Special Secretary to Governor: 0522-2236113

Email: hgovup@up.nic.in <hgovup@up.nic.in>

Chief Minister: Km. Mayawati

Fifth Floor, Secretariat Annexe

Lucknow-226001

Phone: 2215501 (Office), 2236838 2236985 (Res)

Fax: 0522 - 2235733, 2239234, 2236181 2239296

Email: cmup@nic.in <cmup@nic.in>

Labour Minister: Shri Badshah Singh

Department of Labour

Secretariat, Lucknow

Fax: 0522 - 2238925

Principal Secretary, Labour

Department of Labour

Secretariat, Lucknow - 226001

Fax: 0522 - 2237831

Secretary Labour, UP: secup.labor@up.nic.in
Special Secretary Labour UP: ssecup.labour@up.nic.in

Commissioner: PK Mahanty

Office of the Commissioner

Collectorate, Gorakhpur - 273001

Fax: 0551 - 2338817, Email: commgor@up.nic.in

Mobile: 9936581000

District Magistrate: AK Shukla

Office of the District Magistrate

Collectorate, Gorakhpur - 273001

Fax: 0551 - 2334569, Email: dmgor@nic.in

Mobile: 9454417544

ADM City: Akhilesh Tiwari, Mobile: 9454416211

City Magistrate: Arun, Mobile: 9450924888

Dy Inspector General of Police

Phone: 0551 - 2201187 / 2333442

Cantt., Gorakhpur

Email: digrgkr@up.nic.in

Dy. Labour Commissioner,

Labour Office

Civil Lines, Gorakhpur-273001

DLC: Munni Lal Choudhuri, Mobile: 9838123667

Labour Ministry, Central: laborweb@nic.in

Sh. P.C. Chaturvedi Secretary, Labour, Central: cprabhat@ias.nic.in

National Human rights commission : covdnhrc@nic.in

Secretary General, NHRC: sgnhrc@nic.in

UP human rights commission: uphrclko@yahoo.co.in

Graziano - An appeal

An appeal to all workers organizations, social organisations, civil right activists and intellectuals against the oppression and persecution of the workers of Graziano Transmissioni India, Gr. Noida and the attempts to create a rule of terror in the industrial region.

Dear comrade,
After the death of the CEO of Graziano transmission India Private Ltd., Greater Noida during a scuffle between the hired goons of the management and the striking workers in the factory premises a terror campaign has been unleashed against the workers and the incident has given a chance to the government, administration, police and factory owners to terrorise the working class throughout the industrial area by employing every possible means. One month after the incident 64 workers are still in jail, against 5 of them NSA is being contemplated, 72 workers have been granted bail but are still facing a number of cases. Raids are being continuously carried out and a reign of terror has been established.
This incident has exposed the anti-worker character and class bias of not only the government but of the judiciary and the media as well. In an extremely conspiratorial manner the workers have been branded as murderers and this accident is being presented as a pre-planned murder. Whereas the truth is that the workers were defensive because of the retrenchment and oppression which had been going on for months and they had come to the factory on September 22 to tender an apology as demanded by the management as a condition to take them back. They were attacked by the goons of the company and the resulting commotion and scuffle led to the accidental death of the CEO. However, it has also been stated that some of the goons employed by the company had doublecrossed them and killed the CEO at the behest of some rival industrialists. Even the family members of the CEO Lalit Chaudhary have expressed such doubt.
Instead of supporting the call for a fair enquiry into this incident the whole media is busy defaming the workers as brutal killers. Even the good souls who were deeply anguished by the "media trial" of elite people in cases like the 'Arushi murder case' and had protested against it, are silent on the media trial of the workers in this case.
It seems the factory owners and the government were desperately waiting for an incident like this to occur. Within no time the whole machinery became active. 136 workers were arrested out of which 64 have been charged with serious offences including murder and conspiring for murder. While on the other hand the uniformed goons of the company acting as security guards who launched fatal attacks on the workers were let off the same day.
In fact this incident is being used to send a lesson to the working class so that it accepts the inhuman conditions of their exploitation as dictated by the owners and do not raise any protests in future. The UP government and the central government are not only under pressure from the owners but also the Italian embassy. It is worth noting that a number of multinational engineering companies have established their units in the Greater Noida industrial area in the last few years of which at least three companies are from Italy. In the beginning these companies had employed skilled workers at somewhat better salaries to work on the modern machines but now most of the companies want to switch over to cheap contract labour available. In Graziano too the dispute arose on this very issue a year ago. In a region where cheap labour at Rs. 2000-2200 per month and compulsory overtime at single rate is abundantly available, the companies are now unwilling to pay Rs. 8000-10,000 salary and other benefits attached with permanent service to its workers.
It is enough to go around the industrial areas of Noida, Greater Noida and Sahibabad to see the inhuman conditions in which industrial workers are forced to work and live. The labour minister Oscar Fernandes had only expressed this stark reality but he immediately came under attack from various institutions of the industrialists. The labour minister immediately realised his folly on being rebuked by his masters and he shamelessly apologized. His only mistake was that he had warned the industrialists openly instead of doing so behind closed doors. All the bourgeois governments are nothing but managing committees for the capitalists and the minister should have privately warned his emplyers that they must not exploit the workers to an extent that it becomes intolerable for them.
Through this letter we wish to appeal to all workers organizations, civil rights organisations, activists and intellectuals to oppose this conspiratorial campaign against the workers of Graziano and come forward in their support. After this incident some organisations and social activists of Delhi and Noida have come forward to organise the 'Graziano Workers Solidarity Forum' but the way the government machinery is backing the industrialists makes it clear that without a broad unity and support this struggle cannot be carried forward.

The incidents of September 22 and its background
Serlicone Graziano Transmissioni India is a subsidiary of a multinational company. It manufactures gears, axles etc. for heavy machines. Most of its products are sold in the markets of Italy and America. Started with a small investment of 20 crores rupees, this company has become worth 240 crore rupees in 2008. This extraordinary accumulation of wealth has become possible only by the super exploitation of its workers.
The factory runs day and night in shifts of 12 hours each. Overtime is mandatory and no weekly off is allowed. Those who failed to comply were shown the door out. In the beginning 350 permanent workers were employed as operator-cum-settlers and 80 workers were apprentice/trainee. About 500 workers under labour contractors were also employed who worked mostly for packaging. For the last few years workers were being laid off for petty reasons. The workers were not given any joining letter. Heavy deductions were being made from workers' salaries and overtime by punching the cards incorrectly. Those who protested were subjected to verbal and physical abuse. Under these conditions the workers strived to organise in a union in November 2007. Sensing alarm the management barred three workers from entering the factory and terminated one. In collusion with the owners the registrar office at Kanpur kept on delaying the application regarding the formation of a union.
In December 2007, 100 more workers were "locked-out" for protesting against the management. After a prolonged agitation the company agreed to give a weekly off and Rs. 1200 increment. But immediately after this agreement the company employed 400 labourers under local contractors. These 400 workers lived inside the factory premises. With the this "captive force" of 400 contract workers at their disposal these contractors began to threaten the permanent workers. These contractors had also gathered iron rods, sticks and other arms to terrorise the workers and obviously to deal with their protest. Along with this a whole battalion of hired goons was raised under a contractor in the name of "security".
Since the 400 contract labourers had learned to operate the machine during the three months hence the company began to remove workers in phases. On 5th May the company dismissed 5 trainee workers. 27 permanent workers protesting this dismissal were suspended. One week after this 30 more workers were dismissed. It was very clear that the company was working on a well planned policy of ousting the permanent workers. Along with this the company used other means too. The reverse exhaust fans were switched off due to which the temperature inside became unbearable. To ensure that no workman even took a breath during working hours, CCTV cameras were installed everywhere and violators were immediately ousted. The workers complained against these unfair practices to the concerned officials but no heed was paid to it.
The workers organised dharna and demonstration in front of the offices of the Deputy Labour Commissioner and District Magistrate. They wrote to the labour minister, the Chief Minister and the Prime Minister. They also approached the Italian embassy. But their voices fell on deaf ears. Seeing no support for the workers the company management proclaimed in an arrogant manner that even if the Prime Minister himself says they will not be taken back. On the 2nd of July the company dismissed the remaining 192 workers. In fact this was the day when the company had to take the workers back on work as per an agreement reached in presence of the labour commissioner! This way 254 workers were thrown on streets. It threatened the survival of the workers who had been unemployed for many months. Many of them had to sell their belongings. Not only the workers but the labour department too says that in spite of reaching agreements on a number of occasions the management refused to comply as soon as it arrived inside the company premises.

What happened on September 22?
Once again the workers sought the help of the labour department. The company management clearly stated that the talks shall proceed further only after all the workers tender an apology to the company. Seeing no other way the workers reached the factory gates on 22nd September at 9:00 AM. They were made to wait out for 3 hours. After 12 pm the workers were called two at a time to the time office where armed security men and local goons had taken positions. In the time office a manager asked the workers to tender apology specifically mentioning that they had indulged in sabotage and violence and only then can they be taken back. One worker resisted by saying, "Why should we write that when we have not done any such thing?" A time officer Anil Sharma slapped the worker. A scuffle occurred and the security men present started beating the worker.
Hearing the commotion the workers waiting for their turn outside rushed in. A manager ordered the security men and the local goons to attack the workers to stop them from coming inside. One of the guards even fired at the workers. 34 workers were injured in this clash. The Station Officer of Bisrakh Police Station Jagmohan Sharma was present all the time but took no action on the behest of the company management who had conspired to beat up the workers. Later the police arrested men from both the sides but the people from the management side were let off while the workers were jailed.
Later it transpired that the CEO L.K. Chaudhary had received an injury on his head and he was rushed to the hospital where he was declared dead. It is important to note that the family members of the CEO Chaudhary have expressed that he was killed due to some business rivalry, the workers were not behind it.
But it was a good excuse for the management desperate to get rid of the permanent workers. The local industrialists, corporate media, bureaucracy all got united in labeling charges against the workers and victimising them. 64 workers were charged with conspiring to kill the CEO and murdering him while 72 were implicated for rioting and affray. For many days the print and electronic media kept on reporting that "the workers had battered the CEO to death in a barbaric act of violence."
Immediately after the incident the Mayawati government of UP became active in support of the industrialists. In a special meeting called in Delhi on September 26, Ms. Mayawati directed the police and administrative officials to deal firmly with the workers. The Chief Secretary and the ADG (Law and Order) camped in Greater Noida and listened to the "grievances" of the capitalists. Nobody felt the need to look into the grievances of the workers. From the government's attitude it seems that all the cases of "industrial unrest" are merely law and order issues and the responsibility of this lies squarely on the workers. In line with this attitude, the government immediately appointed three new DSPs to look specifically after in the industrial areas of Noida. Almost bypassing the labour office the government has formed an "industrial relations committee" and entitled it with all the executive powers related with industrial disputes. This committee comprises of the CEOs of Noida and Greater Noida along with senior police officials of the district. The morale of the owners is so high that according to the president of the Greater Noida Association of Industries the government has assured that they will be informed prior to any action being taken against any industrialist. It is clear that the UPA government at the center and Mayawati's UP government may fight against each other in the field of politics but when it comes to helping industrialists in exploiting the workers they are one and the same and both of them can go to any extent to guard the interests of the capitalists.
Under such circumstances when the workers are being cornererd and are being rendered helpless we need to firmly stand on their side. What can be done:
- Send letters, fax, e-mail to the Prime Minister and the Chief Minister of Uttar Pradesh protesting against the attempts of implicating the workers of Graziano in false cases and demanding a judicial enquiry of the whole case.
- Organise meetings and dharna/demonstrations on this issue.
- Issue statements against the oppression of workers and conduct signature campaigns.
- Contact us for forming a broad unity on this issue.


Bigul Mazdoor Dasta
Contact: Tapish Maindola
Phone: 9891993332 / E-mail: tapish.m@gmail.com