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PRICOL: The Facts

PRICOL PRICOL PRICOL


PRICOL PRICOL PRICOL
PRICOL
EVERY CLASS HAS ITS OWN TRUTHS

Check this
http://www.cpiml.org/liberation/year_200
9/sept_09/update_1.html
http://www.cpiml.org/liberation/year_200
7/june/may_day_in_coimbatore.html
http://www.cpiml.org/liberation/year_200
7/may/pricol_workers.html
http://radicalnotes.com/journal/2009/09/
30/pricol-workers-struggle/

ONLINE PETITION TO WITHDRAW FALSE CASE AGAINST


COM. S. KUMARASAMY

FREE THE PRICOL 8


Posted by PRICOL: The Facts at 4:10 AM No
comments:

Friday, December 18, 2015

Pricol Workers demonstration demanding speedy relief measures, Decem


2015
PRICOL WORKERS GATHERED NEAR THE COURT ON DECEMBER 3 20

Pricol Workers in the General Body Meeting, December 9,


2015

Posted by PRICOL: The Facts at 7:49 AM No


comments:

APPEAL
Dear Comrades/Friends
Sub: Sentence of Double Life Imprisonment for EIGHT
Pricol workers on 03.12.2015 by a District and Sessions
Judge of Coimbatore, Tamilnadu, India
Workers of Pricol Limited were fighting for their trade
unions rights ever since March 2007. For that, there was
a concerted onslaught on them in the form of dismissals,
denial of legal wage increases, stopping increments,
demotions, break-in-service, partial lock-out and foisted
criminal cases. More than 50 workers including women
were in jail for 8 to 125 days.
It was in such background, that a case of murder
conspiracy was foisted against Com.Kumarasami,
National President of AICCTU and 26 workers that they
have conspired and killed Mr.Roy George, vice-
president HR of Pricol Limited on 21.09.2009.
This sessions case 75/2011 was tried in bomb blast
cases court in Coimbatore and judgment was delivered
on 03.12.2015. The court acquitted 19 of the accused as
it held that criminal conspiracy was not proved against
18 of them and one accused was acquitted as his name
was inserted in the case. Eight of the accused were
sentenced to DOUBLE LIFE IMRISONMENT FOR
MURDER AND HOUSE TRESSPASS with intention
to kill. They were given other punishments also.
Objectively this judgment is seen by the workers as a
reflection of systemic class antagonism, bias and hatred
against the workers. The very harshness of the
judgment, the material contradictions and inherent
probabilities in the case show that the eight workers will
get acquitted in the high court. (For your perusal a
criticism of the judgment and short notes on the long
struggle of Pricol workers is enclosed).
We would like to point out that the tragic death of
Mr.Roy George was used by the police, the state and the
capitalists to crush the Pricol workers' struggle. One
worker, Manikantan, committed suicide in October 2009
due to witch hunt by the police. Com.Sampath Kumar's
(one of the convicted comrades) wife committed suicide
in June 2015 apprehending conviction.
Pricol workers and AICCTU have decided to seek
justice for the eight convicted workers of Pricol in the
high court as well as in the people's court.
When neo-liberal agenda and anti-austerity measures are
pushed, when anti-labor legislations are pushed, when
Maruti workers are still languishing in jail this harsh
sentence of DOUBLE LIFE IMPRISONMENT has
been pronounced for Pricol workers. This is the harshest
punishment meted out to any struggling workers in the
past few decades in India.Objectively,this judgement
will be sending a message to the workers that struggles
and unions of their choice will not be tolerated but will
also be punished.
We appeal to you to extend solidarity in all possible
forms to the Pricol workers in their pursuit for justice in
the people's court as well as in the courts of law.

Yours fraternally,
Rajiv Dimri
General Secretary
ALL INDIA CENTRAL COUNCIL OF TRADE
UNIONS

Posted by PRICOL: The Facts at 7:27 AM No


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A SHORT HISTORY OF THE


LONG STRUGGLE OF PRICOL
WORKERS
Pricol  Limited  is  an  automobile  component  
manufacturer  with  units  in  Coimbatore,  Pune,  Gurgoan  
and  Uttarkhand.  It  has  overseas  units  in  Indonesia  and  
Brazil.    Pricol  group  engages  in  real  estate,  
construction,  travel  and  hospitality  sector.
In  the  Coimbatore  units,  the  overwhelming  majority  of  
the  workers  formed  two  unions  associated  with  AICCTU  
in  early  2007.    The  management  refused  to  recognize  
the  unions  and  negotiate  with  them.  Rather  it  branded  
the  unions    as  Maoist  and  threatened  to  leave  
Coimbatore  if  the  workers  do  not  leave  the  new  
unions.  

Read more »
Posted by PRICOL: The Facts at 7:24 AM No
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Thursday, December 10, 2015


JUDGMENT IN THE PRICOL
MURDER CONSPIRACY CASE
SOME BARE FACTS ABOUT THE SENTENCE

The Bomb blast Cases court is sort of an extension of


Coimbatore jail. Pricol murder conspiracy case was tried
and decided in that court by a judge of the rank of district
and sessions judge in sessions case 75/2011 on 03.12.2015.
The court was turned into a fortress on the morning of
03.12.2015 with hundreds of police personnel were
deployed for security. The air around the court was thick
with the apprehension of conviction. Out of 27 accused
including four women comrades, 8 were convicted and 19
were acquitted.
Overt criminal acts were attributed to accused 1 to 9, acts
of leading and instigating the conspiracy to murder were
attributed to accused 10 to 13, and accused 14 to 27 were
charged with the crime of consenting to the conspiracy of
murder of Roy George, vice-president, HR of Pricol
Limited.
Accused 7 was acquitted on the grounds that his name has
been inserted in the case. A 10 to 27 were acquitted on the
ground that the prosecution has failed to prove the charges
of criminal conspiracy.
Accused 1 to 6, 8 and 9 were sentenced to double life
sentence for murder and house trespass with intention to
kill. They were punished for the crimes of rioting with
deadly weapons, mischief of causing loss of property and
causing damages to public property. Each accused has been
fined Rs.3000. The only relief was that the double life
imprisonment and the punishment of a few more years
were to run concurrently!
The prosecution stated that Mr.Roy George dismissed 42
workers with effect from the evening of 19.09.2009 a
Saturday . It has alleged that angered by that dismissal, a
criminal conspiracy was hatched on 20.09.2009 and that all
the 27 accused were present in that meeting. They further
alleged that Com.S.Kumarasami, National President,
AICCTU (A10) instigated the other accused to kill Mr.Roy
George and that the Pricol leaders Krishnamurthy,
Janakiraman and Balasubramaniam (A 11 to 13) instigated
the accused to finish Mr.Roy George the very next day. It
was their further case that on 21.09.2009 at 11.40 am
accused 1 to 9 attacked Mr.Roy George and others and that
the accused orally made it clear that they were attacking as
per the instructions of A10 and other local leaders.
Leaving the objective socio-political comments for a
moment, was there a case for conviction as per law? In
criminal cases, as per law THE PROSECUTION has to
travel a long distance from "MAY BE TRUE" to ‘MUST
BE TRUE" to prove its case by unimpeachable evidence.
A bear has hair wherever you touch it. Likewise in the
Pricol murder conspiracy case, the prosecution's case is full
of material contradictions and inherent improbabilities.
The prosecution was not pressing the fact that the dismissal
orders were served to 42 workers before 21.09.2009. This
naturally takes away the basis for the alleged anger for
hatching the conspiracy.
The crime of murder was based on the foundation of
criminal conspiracy. When the judgment has held that the
prosecution has failed to prove criminal conspiracy, then is
it not natural that all the charges based on conspiracy
should also fail?
Prosecution witness 5 (PW5) has deposed that material
object 12, a CCTV recording showed the movement of
some of the accused around the time and place of the
occurrence. Form 91 and Item 150 in the memo of evidence
reiterated the above position. The prosecution in its counter
statement to a discharge petition filed by some of the
accused has stated that the said CCTV recording showed
the overt acts of some of the accused and also revealed the
identity of some of the accused not mentioned in the FIR.
Even as per the judgment, material object 12 did not
contain anything about the site of occurrence. The
judgment attempts to get over this crucial contradiction by
stating that the prosecution witness 30, the investigating
officer has stated that as per his enquiries the CCTV did not
function on 21.09.2009 only. The IO has admitted that he
has obtained no such statement from any witness and
neither PW 7 nor any witness told him that the CCTV did
not function on 21.09.2009 at the site of occurrence. In
such circumstances the judgment should have drawn
adverse inference against the prosecution and acquitted all
the 8 accused. The judgment should have held that the
prosecution is suppressing the true version of what
happened on 21.09.2009.
The evidence of all the injured witnesses and eye witnesses
was that the occurrence took place in the cabin of the
deceased which was a part of the HR department at 11.40
am on 21.09.2009. But the IO has categorically stated that
he was in normal dress (not in uniform) and standing in
front of the Pricol HR department between 11.41 am to
11.46 am on 21.09.2009 and that none from either the
Pricol HR department or the armed reserve police which
was deployed in Pricol factory for more than a year
complained to him about any untoward incident on that day
or about the movement of any ambulance. The prosecution
did not consider him as a hostile witness. The judgment got
over this crucial issue by deploring the investigating
officer's evidence as being contrary to his files and by
terming such departure as unfortunate. It is all the more
unacceptable as the very same judgment has chosen to
believe the IO's casual, uncorroborated, oral evidence over
other evidence on record (in writing) regarding the CCTV
recording.
When the IO was present at the alleged time and place of
occurrence around 11.40 am on 21.09.2009 in front of the
HR office, the prosecution's version of the FIR being
prepared at 6.30 pm on 21.09.2009 raises serious
suspicions and hence is unbelievable. It is unnatural that
none of the more than 1,000 workers, hundreds of officers
or the directors or the injured or eye witnesses complained
to the police at the police station which in only at 10
minutes ride away from the alleged site of occurrence.
None of the injured or eye witnesses was
unconscious. Therefore it is unbelievable that none of them
even informed the police over phone.
The law says that the FIR should be sent to the magistrate
FORTHWITH. This safeguard is built into the law to
prevent the foisting of false cases. The original FIR and the
amended FIR were sent to the magistrate only on the
subsequent days. When there was no explanation for this
delay from any of the witnesses, the judgment says on its
own, that the delay was caused as the IO was immersed in
investigation. It goes without saying that the inspector need
not personally hand over the FIR to the magistrate and that
any constable can hand it over to the magistrate.
The nurse (PW7) who accompanied the injured to the
hospital has stated that she got them admitted in the
hospital and remained there for 15 minutes and returned to
the factory in the same ambulance. The Ambulance register
states that the ambulance left the factory to the hospital at
11.50 am on 21.09.2009 with the injured and returned at 1
pm. But as per the hospital records, the deceased who was
battling for life was admitted at 1.22 pm and others were
admitted at 2.30, 3.00 and around 3.30 pm. This again is
unbelievable as it is contrary to the evidence of the
company's nurse and the ambulance register.
PW 1 has stated that there were 7 to 8 injuries on the
deceased person. The doctor who admitted the deceased
stated that there was only one injury. But the post mortem
report states that there were three wounds. The judgment
seeks to explain this contradiction by conjectures and
assumptions.
The so-called recovered weapons did not contain any blood
stain when they were alleged to be seized. But when only
one iron rod out of eight rods (that were alleged to have
been recovered) was sent to forensic science
laboratory(FSL), it was stated for the first time that it
contained blood stain. But the FSL report stated that it
could not say whether it was human blood or whether it
belonged to any particular blood group. Significantly the
prosecution stated that it does not rely upon the FSL report.

UNEXPLAINED CONTRADICTIONS

Late disclosure about the alleged occurrence, failure to


produce the available medical records and
videograph/photograph of the alleged site of occurrence,
the failure of the injured witnesses to point out the number
or identity of the accused to the doctors at the earliest
opportunity and many other contradictions will clearly
establish that the prosecution's story has more chaff than
grain.

The judgment has wrongly rejected some of the arguments


of the workers. The judgment has not dealt with, analyzed
and then given reasoned findings on many of the arguments
of the workers.The judgment has not dealt with more than
20 citations of the supreme court and various high courts
relied upon by the defense.The workers will be filing an
appeal in the high court very soon on the above as well as
many other grounds against the judgment dated 3.12.2015.

Posted by PRICOL: The Facts at 7:21 AM No


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ANOHTER ONSLAUGHT OF THE


WORKERS’ RIGHTS AND
STRUGGLES
EIGHT WORKERS OF PRICOL
SENTENCED TO DOUBLE LIFE IMPRISONMENT
FOR FIGHTING FOR WORKERS’ RIGHTS

Com.Gunabalan

Com.Saravankumar
Com.Manivannan

Com.Ramamurthy
Com.Sampathkuma
r

Com.Rajendran

Com.Sivakumar
Com.Velmurugan

Pricol workers demonstrated their social responsibility once again


by contributing Rs.5 lakhs for the flood affected people of
Tamilnadu. Such gestures are not new for Pricol workers but what
highlights this occasion is that they themselves are amid a crisis of
getting the release of eight of their coworkers who were sentenced
to double life imprisonment by a Sessions Court of Coimbatore.
This harsh sentence which is not heard of in the recent history of
the struggle of working class in India has comes at a time where
there is a thoroughly anti-workers’ government at the centre
pitching high for a sale of cheap labor at its arbitrary disposal and
the verdict in Maruti workers case is awaited. The punitive verdict
also is seen by the workers as a message from the Tamilnadu
government for the domestic and foreign industries in Tamilnadu
that the government is with them.
This verdict is also seen by the workers of Tamilnadu as reflective
of the judiciary’s selective ways of delivering justice in different
cases of different ‘profiles’. The works and the people compare the
‘justice’ delivered in Jayalalitha’s DA case or Salman Khan’s hit
and run case and the ‘justice’ meted out to the Pricol workers.
There are many loopholes in the law through which many culprits
get away and there are many voices being regularly raised against
such loopholes in various laws. But in the Pricol sentence which
hands a double imprisonment for 8 workers, we have a judgment
with loopholes big enough to show that it has not seriously taken
into account the arguments put forth by the accused workers.
(Please see details in the box). The judgment is contrary to the
evidence on record and it ought to have rejected the prosecution
case as it was full of material contradictions and improbabilities.
What remains at the end is a sentence for workers who boldly
fought for their rights against a management which was running an
unquestionable serfdom. The management which believed that it
has to teach its workers how to live, how to save, how to behave,
how to be obedient, how to conduct etc found itself in a disarray
when the workers chose to fight under a the banner of a
revolutionary trade union. It resorted to all forms of victimization
which were very harsh (please see the box for details) but was
replied only with more resolute workers’ resistance. The
management was forced to go by the advice of government which
was forced by the struggle of the workers to advise the
management. The management actually felt its crown being rolled
down but found completely helpless in regaining the respect of its
erstwhile serfs. And finally it had to recognize the union of the
workers and negotiate with it.
The struggle of Pricol workers inspired their counterparts to form
unions in Sriperumbudur which is boasted as Detroit of Tamilnadu
by the ruling class. Hyundai workers dared to tread in the path of
Pricol workers and then began a sort of contagious formation of
trade unions in many factories in Sriperumbudur. Pricol workers
created a new chapter in the working class movement of
Tamilnadu which was till then in a lull.
Thus Pricol workers have done all that they can to invite the wrath
of the industries in Tamilnadu and as a reward they are now facing
a crisis of a higher and severer nature. Pricol workers are capable
of overcoming this phase too as they are led by a revolutionary
trade union. Marxism needs a material force to find its expression
and that is the proletariat. The Proletariat needs Marxism to
liberate itself. In Pricol the experiment of combining these two
aspects is showing positive and encouraging results.
Of course this has not come without struggles and sacrifices of the
Pricol workers and support and solidarity of the working class and
the general working people. Now Pricol workers are now trying to
reach out to people and seek their solidarity in overcoming this
crisis too. In the general body meeting which was held on
December 9 the family members of the eight convicted workers
too participated. The workers resolved to take care of the families
of the convicted workers and to fight vigorously for the release of
their coworkers.
A meeting all central trade unions in Tamilnadu was held on
December 10. The joint press statement by HMS, LPF, AITUC,
CITU, AIUTUC, WPTDC, INTUC, BMS and AICCTU termed the
sentence as reflecting the antagonism of the capitalist forces
toward the working class and it called for the working class of
Tamilnadu and India to rise up in solidarity with the jailed Pricol
workers.
AICCTU has also sent an appeal to international trade unions and
sought their support for the fight of the Pricol workers in getting
their coworkers released. AICCTU has called for a 45-day
campaign from January 16 to February 29 during which the trade
unions affiliated to AICCTU will take up propaganda in all
possible forms in support of Pricol workers efforts. All India
Solidarity Day for Pricol Workers will be observed on January 18.
AICCTU will hold conventions in major centers all over the
country in in support of Pricol workers.

AICCTU has also appealed to all trade unions in the country to


send solidarity letters to Pricol workers either through email or to
their postal address. (KOVAI MAAVATTA PRICOL
THOZHILALARGAL OTRUMAI SANGAM, 126, ESWARAN
KOIL VEEDHI, OPP PRICOL CO-OP STORES, SRKV POST,
COIMBATORE - 641020 Email id: pricolworkers@gmail.com).
AICCTU has also called for the workers to raise solidarity fund for
the Pricol workers to show the numerical strength of solidarity.
Posted by PRICOL: The Facts at 7:16 AM No
comments:

Saturday, October 24, 2009


ECHO OF WORKERS STRUGGLE
THROUGHOUT INDIA
WORKERS ON WAR PATH IN GURGAON AGAINST
KILLING OF WORKERS!
THE MRF CASE: MADRAS HIGH COURT
JUDGEMENT ON THE RECOGNITION OF TRADE
UNION! ....... Read more
Courtesy: Liberation, the Central Organ of the CPI
(ML) Liberation.

Posted by PRICOL: The Facts at 9:15 PM 37


comments:

PRICOL, GRAZIANO
SYMPTOMS OF FAILURE OF TRADE UNION MOVEMENT,
OR OF STATE'S FAILIURE TO DEFEND THE RIGHT TO
FORM UNIONS?
The EPW September 26, 2009 Editorial ('State of
our Unions') argues strongly that the growing
attack on the right to form Unions is dangerous
for the health of India's liberty and
democracy:...... Read more
Courtesy: Liberation, The Central Organ of the
CPI (ML) Liberation.

Posted by PRICOL: The Facts at 8:58 PM No


comments:

PRICOL STRUGGLE UPDATES


CONTINUING WITCH HUNT
Subsequent to the incident at the Pricol
automotive parts manufacturing company at
Coimbatore on 21-22 September 2009, the Police
initiated a crackdown on innocent workers and
their leaders...... Read more

Courtesy: Liberation, The Central organ of CPI


(ML) Liberation.

Posted by PRICOL: The Facts at 11:28 AM No


comments:

PRICOL TRAGEDY:
WITCH HUNT MUST STOP, JUSTICE MUST PREVAIL
The tragic death of a senior management
representative of auto parts manufacturer pricol
in coimbatore on september 22 has triggered a
frienzied reaction from the pricol management,
Tamilnadu Police and sections of the Corporate
Media.... Read more
Courtesy: Liberation, the Central Organ of the CPI
(ML) Liberation.

Posted by PRICOL: The Facts at 10:37 AM No


comments:

Sunday, October 11, 2009

Comrade S.Kumarasami addressing one of Pricol


workers' demonstrations in Coimbatore.
Posted by PRICOL: The Facts at 8:33 AM No
comments:

Saturday, October 10, 2009

Copy of the
memorandum sent to
the Chief Minister of
Tamil Nadu by AICCTU
on Pricol developments

Sir,
Majority of pricol workers have joined our Union
and operating since March 2007. We have taken
up many stuggles on the demands of the workers
and the management has refused to recognise
our Union to negotiate with us on the workers
issue. Hence the Pricol management is solely
responsibl for the industrial strife at Pricol.....
Read More

Posted by PRICOL: The Facts at 6:53 PM No


comments:
Labels: AICCTU, Pricol, Trade union

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Pricol Workers’ Struggle


an account from 24.02.2007as it goes
on........
Workers of Pricol Ltd., Coimbatore,
Tamil Nadu, held their general body
meeting on 24 February, 2007 and
formed union with majority workers
under AICCTU leadership.
Then on, they are on the path of
struggle and in spite of severe
repression and victimisation, the
struggle is continuing with intensity
for the third year.
An account of their relentless struggle
follows:
A few facts about Pricol Ltd
Pricol Ltd. manufactures auto components
and it has factories in Coimbatore, Pune and
Uttarakhand. It has got a subsidiary in
Indonesia known as PT Pricol Surya
Indonesia. The management in a recent
press release has claimed that if the workers
continue with their confrontationist ways, it
would have to move out of Coimbatore
leading to direct and indirect job losses for
20,000 workers.
>
Denso Corporation, Japan owns 12.5% of
the Company's shares. The promoters and
their associates led by Mr. Vijay Mohan
own 35.83% of the Company's shares. The
share holding by the public and mutual
funds amounts to nearly 44%. The
Company's Balance Sheet shows that total
Paid -up Capital is Rs. 9 crores whereas its
present assets are worth Rs. 541.72 crores,
and its reserves and surplus stand at Rs.
147.8 crores.
Year Domestic
Sales Exports Total Sales
2000 Rs. 179.10 cr. Rs. 22.19
cr. Rs. 201.3 cr.
2009 Rs. 476.50 cr. Rs. 137.50
cr. Rs. 614.0 cr.
The above facts would reveal the
comfortable position enjoyed by the
Promoters and it will not be trite to say that
the sweat and toil of the workers have
contributed to the tremendous growth of the
Company.
Why is there such a long struggle?
To cut costs and to increase profits, the
management resorted to a sham Contract
Labour and Satellite Vendor systems. It had
also developed five dependent unions to
stifle real and effective collective
bargaining. For decades, crude
victimisation, denial of dignity, low wages
when compared with higher productivity,
denial of permanent status....and so on were
the conditions of workers. Altogether, an
eruption was in the waiting.
The proverbial last straw was the vindictive
transfer of the vanguards of the newly
formed unions in plant 1 and 3 which
commanded overwhelming support of the
permanent workers as well as the workers of
the sham contract labour and satellite vendor
systems, which led to a powerful strike from
3rd March, 2007.
Stage - 1
More than 3000 workers went on strike. The
management flatly refused to talk with the
struggling workers. From 4.30 p.m. on
09.03.2007 to 10.00 a.m. of 10.03.2007,
2400 workers led by women workers staged
a road roko in the Coimbatore - Ooty
Mettupalayam Road. Mothers tended to their
children and slept in the roads. They were
all arrested after 17 hours and released only
at 9.00 p.m.
On 10.03.2007 on 11.03.2007 1500 children
and family members staged a Dharna in
front of the factory. On 25.03.2007 there
was a fast in Coimbatore City by 4000
workers.
On 28.03.2007, a calling attention motion
was taken up in the State Assembly.
As the management was adamant, the
workers entered the factory on 03.04.2007
and staged a stay in strike up to 10.00 P.M.
When the police tried to enter, women
workers doused themselves with petrol and
kerosene and threatened self immolation.
The police had to beat a retreat, but they
lathi-charged the family members who had
gathered outside the factory. The siege was
withdrawn only after Comrade S.
Kumarasami had a telephonic conversation
with the local Minister and the Labour
Minister.
The Management retaliated with partial
lockout for 164 workers and then for another
11 vanguards and break in service for 134
workers.
On 10.04.2007 more than 2000 workers left
for a rally and convention in Chennai to be
held on 11.09.2007 demanding the Govt. to
pass orders under section 10B of the ID Act
1947.
The Government intervened on the night of
10.04.2007 by referring the issues of strike,
lock out and transfer to the Industrial
Tribunal under Section 10 (1) of the
Industrial Disputes Act, 1947 and
prohibiting the continuation of the strike and
lockout under Section 10 (3) of the same
Act. Section 10 (3) ban can be invoked only
with a simultaneous Section 10 (1)
reference. Compulsory peace efforts
(Reference) are conditions precedent for
compulsory cease fire (prohibition). The
logic seems to be that there can not be war
and peace at the same time.
The unions obtained interim stay of the
order prohibiting the continuation of strike
on the ground that pending issues like
lockout of 11 workers, break in service for
134 workers, sham contract labour and
Satellite Vendor Unit systems were not
referred to court. The management after
withdrawing the lockout of 164 workers
obtained interim stay on the order
prohibiting the continuation of lockout. Both
sides were back to square one.
Stage - 2
The unions wanted the Government to refer
the pending issues to the court and
simultaneously pass orders under section 10
B imposing conditions on the management.
On 23.04.2007 the workers and children
covered their faces with black cloth and
staged protests in the Collector's office as
well as the Coimbatore Labour Office.
On May Day 2007 there was a huge rally
and public meeting in Coimbatore of 8000
people, comprising Pricol workers, their
families and friends, and AICCTU workers
from all over TN, demanding 10 B orders.
On 3rd, 4th and 5th of May 2007, there was
a fast in Periyanaickenpalayam Area where
the factory is situated.
On 14.05.2007, there was a live program in
Makkal TV (People TV) on Pricol Struggle
in which the office bearers of the union
participated.
On 17.05.2007, the workers stated that they
would surrender their family ration cards
and election identity cards if their demands
are not met. On 19.05.2007, 600 children
demonstrated in front of the company's
corporate office demanding February 2007
wages and education allowance.
Thousands of telegrams and post cards were
sent by workers of other factories and the
general public to the government demanding
10 B orders on Pricol workers’ issue.
On 21.05.2007, 70 women workers came to
Chennai and gheraoed the Labour
Commissioner's Office. They stayed back in
Chennai and on 23.05.2007, went to the
Labour Minister's House asking for 10 B
Orders. Finally the Government relented and
passed 10 (1) and 10 (B) orders on
24.05.2007.
The 10 (1) Reference was on the
justifiability of partial Lockout of 11
workers, break in service for 134 workers,
the sham Contract and Satellite Vendor Unit
System, and recruitment during strike
period.
The 10 B Orders directed the management
not to give effect to the break in service,
transfers and the partial lock out, not to
employ the fresh recruits taken during the
strike period. It also modified the
undertaking demanded by the Management
when the workers were to return to work.
With this, the strike was withdrawn on
26.05.2007. The workers were allowed to
join duty in stages. After writing to the
Labour Minister that they will implement
the 10 B orders without any dilution, the
management obtained an interim stay of the
10 B orders on 29.05.2007.
Stage - 3
The management resorted to a series of
victimisation measures. The so-called
Satellite Vendor Units were closed and their
workers were terminated. From July 2007
onwards, the management denied DA and
wage increase as per the settlements. On
13.07.2007, the workers were attacked by
goondas brought in from outside. The
workers caught hold of some of them and
handed them over to the police along with
the bus in which they came. But it was the
workers who were arrested and put in jail.
On 19.08.2007, hundreds of Pricol workers
attended a workers' rights rally of AICCTU
in Erode. On 24.08.2007 there was a
demonstration and on 10.09.2007 the
workers went in hundreds and represented to
the Collector.
On 28.09.2007 they organised a big public
meeting on Bhagat Singh's Centenary Year.
On 13, 15 and 17 October, 2007 they raised
slogans in the factory. When only a few
were charge-sheeted, others wrote letters
that they too raised slogans and demanded
why action against only a few. The
management retaliated by demoting 114
workers.
The management filed 3 writ petitions
against the 10.04.2007 lockout prohibition,
24.05.2007 10 (1) reference and 10 B orders.
On 10.12.2007 a Division Bench of the
Madras High Court upheld the three
Government orders and dismissed all the
writ petitions filed by the management. But
surprisingly the Bench allowed the interim
stay of the 10 B orders to continue while
dismissing the main writ petition itself. Both
parties approached the Supreme Court. On
16.05.2008 the Supreme Court passed an
Interim Order allowing the 62 partially
locked out workers to return to work.
In the meantime the management gave zero
wages to 300 workers making illegal
deductions beyond the statutory 75%. In
spite of monetary loss, Pricol workers
contributed Rs. 1 Lakh for the CPI(ML)'s
8th Congress. After repeated efforts, the
management gave the workers 20% bonus
only on 11.03.2008 from 24.02.2008.
Pricol Workers collected thousands of
signatures demanding an amendment to the
Trade Unions Act providing for recognition
to the majority union through secret ballot.
On a single day more than 1200 workers
including hundreds of women workers
collected 65,000 signatures.
On 23rd March, they entered the factory
with Bhagat Singh Badges. On 27.03.2008
hundreds of Pricol workers participated in
CPI (M-L) - AICCTU Assembly Gherao for
various issues of urban and rural poor
including TU Recognition Amendment.
On 05.04.2008 there was a massive hunger
strike in Coimbatore in which PMK M.P.
Dr. Senthil also participated. From
10.06.2008, the management created a far-
away concentration camp for the partially
locked out workers who had to return to
work.
On 16.06.2008 Pricol Workers participated
in a Left TU struggle in Madras for TU
Recognition Amendment in hundreds. On
the same demand, they joined AICCTU's
Gherao of the Labour Commissioner's
Office in Chennai on 25.06.2008. On
20.07.2008 they observed the hundredth
Anniversary of Tilak's Arrest in a big public
meeting in far away Malumichampatti.
On 20.08.2008 more than thousand workers
courted arrest on the All India Bandh Day.
On 21.08.2008 16 workers were arrested.
On the same day the management partially
locked out 170 workers. The workers laid
siege to the factory protesting against this.
On 24.08.2008, an understanding was
reached before the Conciliation Officer that
only 16 workers who were arrested will be
partially locked out and 24 others will be
suspended and the rest will be allowed to
work and that there will be no victimisation.
On July 30 - 31 AICCTU's 6th State
Conference and on August 2 - 4 AICCTU's
7th National Conference were held in
Chennai. Pricol Workers participated in
them and got elected as leaders of AICCTU.
On 09.08.2008 the Quit India Day was
observed in Karamadai, in a General Body
meeting in which Comrade Dipankar
Bhattachatya, CPI(M-L) General Secretary
and Comrade Kalpana of South Asia
Solidarity Forum Participated.
Stage - 4
The Treachery & the Fight Back
With ulterior motives, the management
lifted the partial lockout of office bearers. It
started negotiations with some of them. The
General Secretaries of the two fighting
unions went over to the side of the
management. They advocated a compromise
with the management and started arguing
that things will fall in line if the workers
leave AICCTU and its leader as well as the
worker leaders who are transferred.
The management which had fixed a date for
talks with the union leadership backtracked
as it felt that the renegades will not be able
to break the unions. In spite of all
deprivations and suffering, the workers
decided that they will never give up their
leaders and unions. Angered by this, the
management from December, 2008 started
deducting 25% of the wages of the workers.
On 10.12.2008 the management issued
notices to 183 workers that it would deduct
Rs.1.76 crores from their salaries for the
losses caused from August 21 to 24 of 2008.
On 12.12.2008 it dismissed 41 workers. On
02.01.2009 the Labour Department advised
the management not to go ahead with the
deductions.
On 18.12.2008 the two unions conducted
their elections. All office bearers were
elected unanimously. On 25.01.2009 there
was a huge public meeting in
Periyanaickenpalayam in which they took a
pledge to fight till victory. In this meeting,
the workers and general public observed
silence in memory of the Tamils killed in Sri
Lanka as well as all those killed by
imperialism and its running dogs.
On 08.02.2009, Pricol workers LMW and
KSB Pumps workers observed fast,
expressing solidarity with the Tamils in Sri
Lanka. 45 ISCV workers were asked to give
a letter stating that Com. Kumarasami
incited violence in the public meeting on
25.01.2009. As they refused they were
dismissed on 24.02.2009. On 28.02.2009 a
Referendum was held asking the workers
whether the union should launch a struggle
immediately without bothering about the
consequences or to plan and conduct a
struggle in an organised manner. The unions
by choice did not announce the results on
the votes. But the referendum showed that
the struggling spirit of the workers has won
and that the union's overwhelming majority
stood proved by the number of voters.
Stage - 5
The Third Reference
and the Second 10 B Orders
Pricol Workers are record breakers. They
break their own records.
On 30th June 2009, the Tamil Nadu
Assembly witnessed AIADMK, Congress,
PMK, CPI, CPI (M) MLA’s speaking on a
Calling Attention Motion on the indefinite
fast of Pricol Workers from 15.06.2009. The
Labour Minister while replying narrated the
various unfair labour practices of the
management as well as the actions taken by
the Government. He concluded by stating
that the demands of the workers are
accepted and that their fast has ended. He
also assured that the Government would
never let Pricol Workers down.
This Victory
Did Not Come Overnight
First, we shall see what exactly this victory
is. Government order 393, dated 29.06.2009
has referred the following 3 issues for
adjudication to the Labour Court
Coimbatore under Section 10 (1) of the ID
Act 1947.
1. Is the demand of the Unions that the
management of Pricol Limited plant
1 and 3 should not engage
apprentices and contract labour in
direct production, justified? If so,
what should be the relief?
2. Is the management justified in
unilaterally declaring holidays and
thereby depriving incentive from the
wages of the workers from
December, 2008? If not, what
should be the relief?
3. Is the management justified in denying
DA and Wage increase as per 12 (3)
Settlements dated 29.09.2004 and
03.03.2004 on the ground that
workers have not fulfilled their
obligations? If not, what should be
the relief?
For passing 10B Orders imposing conditions
on employers and employees in the interests
of employment, industrial peace, public
order etc. it is a prerequisite to cause a
reference under Section 10 (1) of the ID Act
1947. Having done that in GO 393 on
29.06.2009, the Government simultaneously
passed 10 B Orders in GO 394 on
29.06.2009 to the following effect.
(i) The Management of Pricol Ltd. Plant 1
and Plant 3 shall not engage
Apprentices and Contract Labour in
direct production activities, affecting
the work, wages and incentive of the
permanent workers.
(ii) The management of Pricol Ltd. Plant
1 and 3 shall pay respectively an
interim relief of Rs. 500/-, Rs. 400/-
every month along with salary to the
workers with effect from 01.06.2009.
Apprentices and Contract Labour are
engaged in direct production contrary to law
in almost all public and private sector units
for decades. This is the first time a
Government has invoked its powers to stop
that. Workers have succeeded in forcing the
bourgeoisie state to implement its own
bourgeoisie law.
This campaign was built brick by brick and
the activities of the union planned step by
step towards the Government conceding the
demand.
By its own unsigned notice, the management
stated that it was not paying DA and wage
increase to the workers from July 2007. The
management stated that this would be a
minimum of Rs.950 and a maximum of
Rs.1600 per month per worker, and that it
would pay the amount due to the workers in
installments if the workers leave AICCTU, a
Marxist-Leninist and Maoist Union.
The management while dismissing the
workers, is bound to give a month's notice
pay to them, while seeking approval under
Section 33 (2) (b) of the ID Act, 1947. If the
management fails to pay full month's salary,
its approval petition will be dismissed.
Therefore, while dismissing the workers,
management paid the withheld DA and
wage increase in the month's notice pay. The
union pointed out to the Government that
workers would be paid these amounts on
dismissal which were denied to them while
working.
In March 2009, the Government issued a
prosecution notice to the management for
violating the settlement. The Government
also issued a show cause notice for the
unfair labour practice of denying wage
increase to the workers on the ground of
being members of a union which is not
acceptable to it. These notices were issued to
all Board Members of the management.
The Union produced before the Government
many authentic documents to show that
apprentices and contract labour are engaged
in direct production. On 15.04.2009 the
Government issued a detailed advice to the
management not to engage apprentices in
direct production. The Government stated
that on this issue it was prima facie satisfied
by the documents shown to it. The
management did not pay heed to this.
In an unprecedented move, the Government
ordered a spot inspection on 21st and 22nd
May 2009 and the spot inspection report
categorically stated that apprentices and
contract labourers were engaged in direct
production and that the permanent workers
are prejudiced.
The unions asked the Government to pass
the necessary orders which will only be the
logical culmination of its earlier steps. Of
course, this was accompanied by a powerful
indefinite fast from 15.06.2009 and the
indefinite fast was carried on when the
assembly was in session.
Thousands of signatures were obtained
asking the Government to concede the
demands of the fasting workers. More than 1
lakh leaflets were issued. 90 digital banners
throughout a long stretch of Mettupalayam
Road were erected.
The workers, the unions and the people were
moved. Emotions ran high as the fast moved
from day to day. Political parties, unions,
social activists, workers and the general
public stood in a queue and met the fasting
workers. There were poignant scenes when
children visited their fasting mothers and
fathers.
On the 12th Day, women workers who were
unable to move, and other physically ill
workers were taken away from the fast. On a
day to day basis, health of the fasting
workers was monitored. To some, the spirit
was willing but the flesh started yielding
after 12 days. Ultimately the fast ended
successfully on 16th Day.
The fast was held inside the union office.
The fast was not called a fast unto death, but
an indefinite fast. The police, which was
otherwise prepared to put an end to the fast
by booking cases under Section 309 Indian
Penal Code (Attempt to Suicide) and remove
the fasting workers, was not able to
intervene and only had to visit the fasting
workers every day.
The fasting workers were told to hold two
aspects strong in mind.
“Seeking guaranteed success in a struggle is
to guarantee that no struggle takes
place”.
“Be prepared to continue the fast up to July
8 when the Assembly takes up the
Labour issue. Be prepared even to go
beyond it. When anybody asks you
when the fast will end, tell them that it
will end when our demands are
conceded. If they again ask you, when
the demands will be conceded, be bold
enough and true enough and tell them
there is no time limit to struggle.”
Pricol workers dared to win. They dared to
struggle. They dared to succeed. Their saga
of sacrifice determination, dedication, and
class consciousness will continue.
The management may or may not come to
an immediate settlement. The management
has vowed in a press conference after the
fast, that it has taken up a principled stand
against a Marxist-Leninist, Maoist leader
and his unions and that it would rather move
out of Coimbatore than talk with the Union.
History has taught us different lessons. It
was the mighty United States of America
that got defeated ultimately and not tiny
Vietnam.
Pricol Workers have proudly
proclaimed in their banner
“Class struggle was there.
Class Struggle is here.
Class Struggle will be
everywhere.”

The management which has been


raising the bogey of Naxalism and
Maoism for the past 3 years says the
following in its Annual Report -
2009 on the topic, Industrial
Relations: “The Company strives to
maintain harmonious relationships
with all its employees. Efforts are
ongoing to build and renew the
relationship with the work-force.”

The Supreme Court case is likely to


reach sometime around 31.07.2007.
If apprentices and contract labour
are stopped from direct production,
the workers of the so-called satellite
vendor units, and the workers under
the earlier sham contract, will have a
better and earlier chance of
employment.

What  is  Happening  in  Pricol?  


   
The   unfortunate   death   of   the   Vice   President   of   the  
Human   Resources   Development   Department   of   Pricol  
Ltd   is   regrettable   indeed.   Coming   one   year   after   the  
Graziano   incident   in   Greater   Noida   in   which   the   local  
head   of   an   Italian   firm   had   reportedly   been   beaten   to  
death   by   sacked   employees,   it   has   evoked   a   lot   of  
passionate  comments  and  demands  from  the  corporate  
world.   Even   as   workers   are   being   arrested   in   large  
numbers  and  leaders  are  being  framed,  employers  are  
demanding   a   ban   on   trade   union   struggles   and   sections  
of   the   corporate   media   are   advocating   labour   reforms  
to  give  a  completely  free  hand  to  employers.  
   
A   single   day’s   tragic   incident   is   now   being   deliberately  
sought   to   be   used   to   prejudice   public   opinion   against  
the  Pricol  workers  and  suppress  the  truth  of  the  nearly  
one   thousand   days   of   their   united   and   determined  
struggle.   Among   other   basic   things,   a   key   demand   of  
Pricol   workers   has   been   for   the   recognition   of   their  
unions   which   enjoy   the   support   of   the   overwhelming  
majority   of   workers   while   the   management   has   been  
constantly   pressurizing   workers   to   withdraw   from   the  
road   of   struggle   and   sever   ties   with   the   ‘Marxist-­‐
Leninist’/’Maoist’  leadership.  
   
In  this  long  struggle  of  Pricol  workers,  the  government  
of   Tamil   Nadu   has   repeatedly   censured   the   Pricol  
management.   The   state   government   has   issued   three  
advices,   passed   one   government   order   (GO)   prohibiting  
the  continuance  of  lockout,  passed  three  GOs  ordering  
references,  passed  two  orders  under  section  10B  of  the  
Industrial  Disputes  Act  (ID  Act)  1947.  
   
On   29th   of   July   2009   the   state   Labour   Minister,   while  
replying   to   a   calling   attention   motion   moved   on   the  
floor  of  the  assembly  by  AIADMK,  PMK,  Congress,  CPI,  
CPI(M),   catalogued   the   various   unfair   labour   practices  
indulged   in   by   Pricol   Ltd,   and   stated   that   the   workers  
had   given   up   their   indefinite   fast   which   had   been  
continuing   for   the   15th   day   as   their   demands   were  
accepted   by   the   government.     He   further   assured   that  
the  government  would  not  let  the  workers  down.  
   
Have   things   completely   changed   in   a   few   months   and  
more  particularly  on  a  single  day  with  the  unfortunate  
death   of   an   executive?   In   the   heat   and   passion  
generated  by  this  tragic  incident,  can  we  allow  rational  
reasoning  to  become  a  casualty?  
   
Mr  George's  Unfortunate  Death  was  Neither  
Preplanned  Nor  the  Result  of  Conspiracy  
   
Mr   Kumarasami   addressed   the   general   body   meeting  
and   one   office   bearers'   meeting   on   19   and   20  
September   2009.     As   a   practising   labour   lawyer   in   the  
Madras   High   Court   for   nearly   three   decades   and  
AICCTU's  national  and  state  president,  he  is  conducting  
all  the  Pricol  cases  in  Madras  High  Court  as  well  as  the  
Supreme   Court.     Going   to   Coimbatore   basically   to  
reassure  the  workers  not  to  worry  about  the  delay,  as  
the  Pricol  case  would  be  coming  up  for  hearing  on  the  
29th   of   September   before   the   Madras   High   Court,     he  
categorically   cautioned   the   workers   not   to   get  
provoked  by  any  vindictive  action  of  the  management.  
He   also   proposed   a   padayatra   from   Coimbatore   to  
Chennai   to   highlight   the   demand   for   a   trade   union  
recognition  Act  and  several  other  burning  issues  of  the  
toiling   people.   It   was   also   planned   to   celebrate   the  
1000th   day   of   the   struggle   to   positively   counter   the  
frustration  being  caused  by  the  delay  in  legal  struggles  
and  the  recalcitrant  attitude  of  the  management.  
   
Can   by   any   stretch   of   the   imagination   these   proposals  
to   impart   a   stronger   mass   political   dimension   to   the  
protracted   struggle   of   Pricol   workers   be   construed   to  
be  part  of  any  conspiracy,  ‘Maoist’  or  otherwise?    
   
In   this   connection   it   would   not   be   out   of   place   to  
remember  that  just  the  other  day,  Naresh  Goyal  of  Jet  
Airways   called   his   pilots   who   formed   a   union  
'terrorists'.     And   he   withdrew   the   terrorist   label   and  
embraced   them   as   prodigal   sons   as   soon   as   they  
returned   to   work,   leaving   aside   the   issue   of   union   for  
the  time  being.  
   
It  Will  Be  Better  If  the  TN  Police  Consults  the  TN  
Labour  Department  on  Pricol  Ltd:  
   
Pricol’s  track  record  in  the  arena  of  industrial  relations  
has   been   notorious.   Rampant   violation   of   labour   laws,  
court   verdicts   and   government   orders   has   been   the  
trademark  of  the  Pricol  management.  
   
•There  are  vindictive  transfers.  
•There   is   refusal   to   engage   in   collective   bargaining   in  
good  faith  with  the  majority  union.  
•There  are  illegal  partial  lockouts.  
•There  are  break-­‐in-­‐service  orders.  
•There  are  stoppages  of  increments.  
•More  than  1000  employees  are  terminated.  
•There   is   illegal   deduction   of   wages   and   incentives  
running  into  crores  of  rupees.  
•The   management   has   promised   to   pay   all   these  
withheld  dues  if  the  workers  leave  the  unions.  
•There   is   employment   of   apprentices   and   contract  
labour   contrary   to   certified   standing   orders   and   the  
Contract  Labour  (Abolition  and  Regulation)  Act,  1970.  
•Now   there   is   the   recent   dismissal   of   44   workers  
without  any  domestic  enquiry.    
   
In   almost   all   these   issues   the   state   government   has  
intervened  under  sections  10  (1),  10(3)  and  10  B  of  the  
ID  act  1947.  
   
In   fact   Comrade   Kumarasami   was   trying   to   get   the  
Labour   Minister   convene   a   meeting   at   the   earliest   to  
resolve  the  simmering  discontent  and  this  fact  is  known  
to  the  Labour  Department.  
   
The  management  does  not  want  Comrade  Kumarasami  
to   defend   the   Pricol   workers   in   the   High   Court   as   well  
as   the   Supreme   Court   on   the   29th   of   September   and  
other   subsequent   dates.   This   is   the   main   reason   for  
implicating   Comrade   Kumarasami,   the   national  
president  of  a  centrally  recognised  trade  union.    
   
Respect  Industrial  Democracy,  Stop  Witch  Hunt  
Against  Pricol  Workers  
If   lawyers   and   TU   leaders   who   defend   and   guide   the  
workers  are  framed  in  conspiracy  cases  as  during  British  
days,   the   government   will   only   be   sending   a   loud  
message:  “No  healthy,  strong  collective  bargaining  will  
be   allowed.   Industrial   relations   are   back   to   the   pre-­‐
1926  colonial  days."  
   
Should   we   allow   the   unfortunate   death   of   Mr.   George  
to   be   turned   into   a   weapon   for   witch-­‐hunt   of   workers  
and   suppression   of   trade   union   rights   –   instead   of  
treating  it  as  a  poignant   issue  for   remedial  action?   Let  
the   unfortunate   incident   motivate   all   parties   to   take  
remedial   measures   that   will   help   resolve   the   real  
underlying  issues.  
   
With   the   Trade   Unions   Act   coming   into   force   from  
1926,   the   country   had   gradually   moved   away   from  
lawlessness   to   the   rule   of   law   by   instituting   a   system   of  
collective   bargaining.     If   employers   like   Pricol   Ltd.   are  
allowed   to   violate   the   law   and   make   use   of   an  
unfortunate  death  to  go  in  for  a  witch-­‐hunt,  implicating  
leaders   in   false   cases,   and   suppressing   basic   trade  
union   rights,   will   that   not   be   only   sending   out   the  
message   that   there   is   no   place   for   laws   and   effective  
trade   unions   in   independent   India   in   the   days   of  
globalisation?  
   
TN  government  and  central  government  should  not  act  
on   the   basis   of   one-­‐sided   corporate   hue   and   cry.   TN  
government   should   come   to   the   aid   of   Pricol   workers,  
their   families   and   their   leaders,   as   it   has   promised   on  
the   floor   of   the   assembly.     We   appeal   to   all   trade  
unions   and   progressive   and   democratic   sections   of  
society   who   believe   in   the   dignity   of   labour   and   rights  
of  workers  to  support  the  struggle  of  Pricol  workers  and  
express  solidarity  by  calling  upon  the  TN  government  to  
stop   the   ongoing   witch   hunt   and   force   the   arbitrary  
Pricol   management   to   respect   industrial   democracy  
and  implement  government  orders.  
   

A Demonstration by Pricol
Workers

Text of the Memorandum


submitted to the Honourable
Deputy Chief Minister Shri M.
K. Stalin by AICCTU
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COM.  S.  KUMARASAMI  All  India  
President,  AICCTU,  Politburo  Member,  
CPI  ML  (Liberation)  
Implicated  in  False  Case  
Mr.  Vijay  Mohan,  Managing  Director,  
Pricol  Ltd  
Behind  the  Conspiracy  
AICCTU is a Central TU recognized by Central
Government. It has membership strength of over 5
lakhs.
AICCTU All India General Secretary Com. Swapan
Mukherjee and National Secretary, Com.
Balasubramaniam attended the recently held Indian
Labor Conference as invited by the Central government.
TN Govt. forwards important communications about its
labor welfare related measures to AICCTU as AICCTU
is a Central TU recognized by Central Government.
Thus, AICCTU is a Central TU recognized by both the
Central and State Governments. Com. S. Kumarasami is
All India President of AICCTU. He is also a practicing
advocate in the High Court and he practicing law for
more than 25 years.
He is now implicated in a false case at the instigation of
Mr. Vijay Mohan, MD, Pricol Ltd.
Com. S. Kumarasami is the honorary President of Kovai
Mavatta Pricol Thozhilalar Thozhirsangam since March
2007.
Pricol management is treating its work force as slaves
and exploiting them for the past 30 years. Pricol workers
are waging a relentless struggle against this oppression.
6 office bearers of Kovai Mavatta Pricol Thozhilalar
Thozhirsangam and Kovai Mavatta Pricol Employees
Union were transferred to Uttarakhand as they were
instrumental in forming these unions. Pricol workers
went on a strike against this transfer and since then there
have been legal struggles taken up by the workers.
Though the workers were ready to sort out the issues
through negotiations, the management was not ready for
such a solution. It said that it will come to the
negotiation table only if the workers leave their unions
and give a letter to that effect.
The TN government and the Labor Department
intervened many times and directed the management to
halt its anti-worker activities. The TN government had
passed 10 B orders twice to safeguard the interest of the
workers and industrial peace. But the management did
not pay heed and went on with its victimization spree.
Over 1500 contract workers who were working for
Pricol for more than 20 years were terminated on a
single day.
The management is not paying the rise in wages and DA
as per the agreement and every worker is losing Rs.950
to Rs.1650 per month, bonus was not paid as per the
agreement, which means a loss of more than
Rs.1,00,000 per worker, which is running into crores for
all the 1500 plus permanent workers. (This hike is paid
for the worker who is facing dismissal as a worker will
have to be given notice pay before termination.)
But the management announced through its notice board
that if the workers leave the union, the entire pending
amount will be released in a single installment.
But the workers chose to remain with the union and
raised demand for TU Recognition Act.
The management stepped up its victimization measures
and hardly a day passed without victimization, in some
form, at some level.
After all this, the management illegally deducted at least
Rs.1000 from every worker’s pay saying that they have
to pay for its losses. So, the workers are paid less than
Rs.1500 per month.
To do away with the union the Pricol management has
taken up measures like termination, suspension, 8 days
pay deduction, break-in-service, demotion, denial of
terminal benefits for retirees and dues for the families of
the workers on death, attack by goondas and so on.
In these circumstances, 43 workers of Kuniamuthur unit
(this unit was opened only to harass the workers) were
terminated on September 21. Some workers went to the
HR VP’s room to discuss about the termination. The
discussion, in due course turned into violence and the
VP was attacked and he later died in the hospital. Pricol
management’s anti-worker measures, its refusal to
honor the advice of the labor department and G.Os of
the TN government are reasons behind this attack and
Mr. Vijay Mohan, MD, Pricol Ltd is solely responsible
for this attack.
The incident is very unfortunate and regrettable.
AICCTU does not endorse such activities.
Mr. Vijay Mohan, MD, Pricol Ltd, has given a false
compliant on Com. S. Kumarasami and on the basis of
his compliant and instigation, the Coimbatore police has
implicated Com. S. Kumarasami in the false case.
Mr. Vijay Mohan, MD, Pricol Ltd is conducting such a
smear campaign on AICCTU and its leaders in a
planned manner and at his instigation, there are news
items in print and electronic media branding AICCTU
as a terrorist organization.
* We strongly condemn the implication Com. S.
Kumarasami, All India President, AICCTU in a
false case.
* We demand that TN Govt. and police should
not take sides with Mr. Vijay Mohan, MD, Pricol Ltd, in
his conspiracy.
* We demand that action must be taken against Mr.
Vijay Mohan, MD, Pricol Ltd for conducting
smear campaign against AICCTU and its
leaders.
* We demand that TN Govt. and police should not take
sides with the capitalists in their terrorist
activities against the workers.

A. S. KUMAR
State Dy. General Secretary
A. I. C. C. T. U

Pricol:  Some  Truths  


In ‘Modern Times’ one of the classics of world cinema,
Charlie Chaplin, who works in a machine, the speed of
which is increased as the day toil progresses, with
spanners in both his hands, goes to the bathroom. When
going, though there are no spanners he holds, he is not
able to stop the operation and the activity at the machine
continues while going to the bathroom too. This scene
powerfully explains about capitalist exploitation and
how the laborer, a human being made of flesh and blood
becoming an extension of the machine for production.
This is true even today and as for as workers of Pricol
Ltd are concerned it is way of their life.
In 1975, Mr. Vijay Mohan started Pricol Ltd in
Coimbatore with an investment of Rs.40 crores and
today, Pricol’s worth is Rs.4000 crores. It is very
obvious that, Vijay Mohan, Vanitha Mohan, Vikram
Mohan or any of the human resources officers would
never have even touched a spanner. It is obvious that
this 100-fold growth of wealth of Pricol Ltd is only out
of the sweat and labor of over 4000 Pricol
workers. Pricol workers are in the touch and feel of this
truth.
But, what is the condition of the workers who have
spent their life in growing this wealth?
>Wage revision once in 5 years.
>Wage hike only for Rs.100 to Rs.150.
>Deduction in DA as second account which till date the
workers do not understand or do not opt for.
> A worker with a service of 20 years can take home
Rs.500 after all the deduction.
>Apollo Insurance scheme was imposed on the workers
and premium deducted from their salary without their
consent.
>Compulsory overtime work.
>Norms fixed on the basis of time study done for a
period of one hour. This very difficult for 12 hours
work.
> In the Japanese work style, workers have to stand all
these 12 hours. No consideration for women workers
during their menstrual period or pregnancy. This has
resulted in 30% women workers removing uteruses.
> Deduction from the salary of the workers for the
organization SIRUTHULI, run by Executive Director
Vanitha Mohan without the consent of the workers.
>Construction of temple, grave yard and tsunami relief
work in the name of the management by deducting from
the salary of the workers without their consent.
> Workers were forced eat in spoons in the pretext of
cultivating good habits. But the real reason diverting
water from the company to SIRUTHULI. Workers are
not comfortable in eating with spoons and they say they
are not able to eat fast in the time allotted for lunch and
thus they go half-hungry.
>Workers dignity is constantly under threat and getting
sanction for eligible leave or permission means an attack
on dignity.
>Workers are humiliated when there is request for
advance for expenses such as marriage or delivery and
other emergency.
>Any who gathers minimum courage to question such
attack is humiliated by making sit in a red chair, transfer
to a department, the work in, the workers is not trained.
> Any worker still resists is shown the doors.
Conditions of over 1500 non-permanent workers
>Pricol Ltd has more than 13 Satellite Vendor Units
(SUVs). Those workers in these units are involved in
production for Pricol precisely. These workers call
themselves as Pricol workers. Pricol management also
called them that.
> But the papers of Pricol do not call them Pricol
workers. They called the SVU workers.
>But they were employed in Pricol Plants 1 and 3 and
were involved in direct production like the permanent
workers.
>They are non-permanent workers, who spent their life
in an expectation that some day they will be regularized.
>There are workers who have worked for more than 20
years as contract workers.
>Pricol management which did not discriminate them in
involving in direct production and other oppressive
measures, discriminated them on the question of wages.
> They do not get wages and other benefits as extended
to the permanent workers.
>No holiday even on Sundays.
>Recently a weekly magazine reported that the toilets in
Pricol premises do match the standards of five star
hotels. If the reporter is bold enough, he/she should
meet some of the SVU workers, explore the conditions
and report that too.
>Apart from these SVU workers there are Other
Contract Laborers (OCLs). Their working conditions are
the same as that of the SVUs.
>All of them were dismissed for joining union.
>Pricol management had even ‘allowed’ some unions to
function among the workers and a weekly now is
reporting that they had smooth relation. It is true. They
had smooth relations. Smooth relations with the
management!
Thus Mr. Vijay Mohan was running a kingdom with
over 4000 workers. Workers were paying heavily for his
rule. And at some point they decided to put their foot
down and fight back.
Their experience of being together in production
propelled them to an extraordinary decision in the times
of contractualisation and casualisation: management
divided the workers in the name of permanent workers,
SVU workers and Other Contract Laborers (OCLs); but
all these workers united and formed a single union with
strength of 3900 workers. This number itself gave them
strength. Vijay Mohan had to face shock for the first
time and this turned out to be prestige issue for him. 6 of
the office bearers were transferred to Uttarakhand.
Workers went on a strike demanding withdrawal of the
transfers.
Vijay Mohan, who was claiming that the workers and
management all together is a family, obtained an
injunction in the court that the workers, ‘his family
members’ can not approach the vicinity of the factory,
the ‘home’, and they would be kept 100 meters away.
Workers, who were legally prevented from coming near
the gates, gathered in a tea shop nearby and named that
place ‘Uttarakhand Maidan’. Vijay Mohan enjoyed the
sight of his ‘family members’ sitting on the road side in
sun. Vijay Mohan who has strong overseas relations
such as English Time Study, Japanese work style,
Indonesian Unit, refused to negotiate with the TU leader
who came from Chennai and called him an ‘outsider’.
Workers’ struggles intensified.
(Details of the Struggles can be seen in the booklet.
Other related articles published are enclosed)
On 30.06.2009, 32 workers called off their indefinite
fast, as the Labor Minister announced in the assembly
that their demands are conceded to. But, when returned
to work after 16 – day fast, the management greeted
them with treating the days on which they were on fast
as period of absence and the leave sanctioned prior to
the leave period is canceled as they involved in TU
activities!
Workers approached the labor department to get the
second 10 B implemented as they apprehended that the
management would get this 10 B too stayed.
In this period, the victimization measures of the
management intensified. Management got the second 10
B stayed. There were show cause notices for some
reason or the other. Workers wore badges stressing their
demands, while on work. The management did not even
allow this level of expression of workers’ protest.
Management told the workers to remove the badges.
When the workers did not comply, Roy George ordered
suspension of 40 workers for 2 days consequently. The
number of workers being suspended (all of them are
vanguards) increased to 100 on the fourth day and Com.
Krishnamurthy, President of Pricol Workers Union
doused himself with petrol and attempted self-
immolation. A police official who came there
incidentally prevented him from immolating himself.
Next day issue came up before the DCL and the workers
agreed to remove badges but demanded that the
suspensions should be revoked. Roy George signed for
this only after repeated persuasion of the DCL.
In this period the Kuniamuthur unit workers were
harassed thoroughly by the management. Kuniamuthur
workers are those who were taken back for work by the
management as the SC directed in favor of the workers.
All of them are vanguards. The management never
wanted them and was attempting to throw them away
for some reason or the other constantly. On 19.09.2009
workers came home after their shifts. 20.09.2009 is
Sunday and holiday. They went for work on 21.09.2009
and found to their shock that the gates were closed and
they were informed that the factory is closed and that
they are dismissed.
Now CII is raising hue and cry about Pricol incident.
Will CII come out with any statement about the plight of
the workers and the exploitation they were subjected to
all these years?
Central Labor Minister Mallikarjun Karge is asking the
TN government to send a report about Pricol
happenings. What was he doing all these days when
Pricol workers were fighting for their dignity and
livelihood?
Who will answer for the economic death of the workers
who were dismissed or suspended?
Which Minister raised question about the families of
1500 SVU workers and OCLs who were thrown out by
the management?
Mr. Vijay Mohan never honored the GOs of the TN
government, directions of the labor department and
judgments of HC and SC. Who will prosecute him?
Are workers who made Rs. 40 crores into Rs. 4000
crores terrorists? Or Vijay Mohan who trampled upon
the dignity and livelihood rights of the Pricol workers
for over 30 years a terrorist?
There are more unanswered questions in the minds of
Pricol workers. Who will answer them?

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