[Resolved]  SURETEX PROPHYLACTICS (INDIA) LIMITED — Ansell Suretex Bangalore Plant have violated the Laws of the Country, unfair labour practice and Lockout the Company

The management of Ansell Suretex Prophylactics (I) Limited, Bangalore Plant, have violated the Laws of the Country and have committed unfair labour practice. In spite of our requests and the advice of the Assistant Labour Commissioner, Bangalore, the management have not bothered to comply with the provisions of the I.D. Act. On the hand they are committing further violation of Law. We give below in brief the particulars of these offences:-

1. On 26th March, 2009 the management issued 21 days Notice as per Section 9A of the I.D. Act Proposing change of service conditions by withdrawing the free transport facility. It was objected by the Union and the Conciliation officer issued Notice of conciliation date 13th April, 2009 under section 12(1) of the I.D. Act on the dispute. At the meeting held on 22nd April, 2009 the Conciliation Officer advised the management not to go ahead with the changes and stopped free transport facility from 24th April, 2009. Due to this, workers were not able to go to work and after 5 days of conciliation, since the management did not agree to restore the transport facility, conciliation ended in a failure and the case was recommended for adjudication to Labour Court. On this basis workers resumed work on 29th under protest making their own arrangements for transport pending decision from the Court. The management personnel are liable to be punished in Criminal Court for the offence of Violation of I.D. Act.
2. The management effected wage cuts of 5 days i.e. 24th to 28th April 2009, alleging illegal strike without notice by the workmen. In addition 8 days penal wage cut was also affected for not having given 14 days salary Notice of the said strike. Actually there was not strike on the part of the workmen and it was due to stoppage of transport, workers were prevented from attending to factory. The wage cut is therefore illegal.
3. As per the Memorandum of settlement date 13th June, 2008, workmen are entitled to get increase in D.A. by Rs.996/- per month from April 2009 onwards. The management have not paid this increase of D.A. to workmen and thereby violation of I.D. Act and the management personnel is liable to be punished in Criminal Court.
4. The management has now given Notice proposing to withdraw canteen subsidy with effect from 1st July, 2009. Union has opposed it. Matter is getting admitted to conciliation. If the management goes ahead with the implementation of the Notice, it would be another violation of provisions of I.D. Act punishable in Criminal Court.
5. By mis-representation the management was able to get permission from the Labour Commissioner to lay-off workmen for 10 days a month from March to August 2009. Emboldened by the said order the management have approached the Labour Commissioner with an Application date 21th May, 2009 seeking permission to retrench 125 workmen out of 194 workmen. The said Application is not justified. Reason given in the Application is financial difficulties due to economic slowdown and global recession. The Company is in sound position having good reserves and is in position to bear the side effects of global recession. Further the Company has been selling its products abroad at more than 10 times higher price and making huge profits due to this. Workers have put in 10 to 13 years of service and would be deprived of the means of livelihood if the retrenchment is done. We are opposing the retrenchment application and hope it will be rejected by the Labour Commissioner.
6. On the trival issue the management issued a suspension order on the General Secretary of our Union. It was a pre-planned move to provoke the workers. When workers en-masse protested against it by collectively calling upon the management to withdraw the suspension order, without any valid reason an illegal lockout has been clamped, throwing all the workers to streets from 6th June, 2009. The said lockout continues even now.
One Mr. Krishna Singh who is a retired person and a consultant for various companies is taken on the rolls of the Company about 2 years ago. He has a reputation of sending away workers, having successfully doing it in a few companies in Bangalore. Workers say that his appointment was made due to the said background and he is given the task of getting rid of majority of workers of the Company. It is most unfair.
Our Union represents all the workmen of the Company. It had entered into a Settlement with the management on 13th June, 2008 in good faith. The said Settlement is valid up to 30th March 2010. It is the responsibility of the Company to continue the workmen in service and not to disturb them during the validity period of Settlement. Certainly the economic slowdown and global recession would recede. Impact of the said recession is minimum in India. In these circumstances attacking the service conditions of workers and removing them from service is inhuman and not expected of a management of Global Stature.
We have a feeling that the top management and the personnel who have interest in the welfare of the Company are not kept informed of the real happenings in the Company. Hence we have taken the liberty of addressing this letter to you with a request for your kind intervention to save the Company and its workmen from the undue assaults.

Thanking you,

Yours faithfully,
(K.S.SUBRAHMANYA)
PRESIDENT