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The recently enacted Kerala Loading and Unloading (Regulation of wages and Restriction of Unlawful Practices) Act, termed anti-labour by trade unions, is being warmly welcomed as a pro-people measure by large sections of the public, business and industry. Purposeful governance and an effective policy on police administration are seen as vital to the success of the Act, writes PRAKASAM K. UNNI.
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SPEAK OF headload workers in Kerala and chances are that the person on the street would tell you the story of an old man and his jackfruit.
For over two decades, people have been hearing this story in which the old man, happily carrying home a jackfruit received as gift, was surrounded by headload workers who claimed they alone held the right to "carry anything".
They demanded that the old man pay them Rs. 40 -- the amount varies from Rs.20 to Rs. 100 depending on the experiences the narrator has had with headload workers -- for having dared to carry the fruit. As the fruit could be bought in the market for Rs.10, the old man cursed and gave away the fruit to the `workers' in disgust!
A perfect profile of headload workers in Kerala had been drawn by the judges of the High Court of Kerala while delivering judgment in the case, M. Jnana Prakasam Vs M. Natarajan & ors., in 2001 as, "They were considered as a group of belligerent and quarrelsome group, always charging exorbitant wages even for carrying petty loads. They enforced the wage rates prescribed by themselves by monopolising the right to do loading and unloading work in a particular area. `Engage them or do not engage anybody' was their motto. This monopoly brought in affluence and headload work became a lucrative job and this prompted many to attempt to enter the field under the leadership of rival unions."
But near-zero industrialisation, little investment and the recurring spectre of an empty treasury have finally forced the Government to attempt to bring sanity back by the implementation of the Kerala Loading and Unloading (Regulation of Wages and Restriction of Unlawful Practices) Act, 2002.
Besides prescribing imprisonment or fines and cancellation of the worker's registration for unlawful practice such as obstruction, damage, intimidation, unauthorised entry, demanding work, receiving wages higher than those stipulated, refusal to acknowledge receipt of money and working under the influence of alcohol or other intoxicants, the Act also provides the employer the freedom to employ the person(s) of his choice in both domestic and non-domestic sectors.
The workers' union are on the warpath because of the freedom granted to employers under Clauses 4 and 5 of the Act and the scope for the involvement of police. K. M. Sudhakaran, president of the Headload and General Workers Federation (CITU) in the State says, "The CITU will oppose this enactment tooth and nail. We are prepared for discussions on the Headload Workers Act of 1978, but reject this Act in toto."
K. Suresh Babu, president, INTUC, Kerala avers, "We are prepared to implement parts of the Act that are beneficial to the public. But Clause 5 can cost headload workers their jobs. People from outside the State can be hired by employers for meagre wages. We want it to be struck down."
The freedom granted is stoutly defended by the chairperson of the Confederation of Indian Industry (Kerala), Pamela Anna Mathew, "It is the right of the user of a service to decide who and how many persons should work for him."
Militancy, indiscipline and low productivity of Kerala labour have at times forced employers to bring in workers from other States. The construction of the Cochin International Airport, the new Legislative Assembly building and beautification of the Kanakakunnu Palace in Thiruvananthapuram were done using low-wage, high-productive labour from outside Kerala.
Bitter with the experience of the past two decades, members of the public care little if registered headload workers lose their jobs or earn a livelihood. "It would be just desserts," says Sudharani, a housewife.
Still, business and industry circles feel that headload workers are not threatened by the new Act if they provide disciplined and productive labour. The fear of `meagre wages' is discounted by T. Nazarudhin, president, Kerala Vyapari Vyavasayi Ekopana Samithi (KVVES). "Since representatives of the headload workers unions will be on the district-level committees formed to fix the wages, the rates will not be low," he says.
Besides, Clause 8(3) of the Act stipulates, "No employer shall engage any worker for loading or unloading work connected with or related to the purposes specified in this Act for wages less than the notified."
Steps are on to constitute district committees with five representatives of trade unions, employers and the public each. "District Labour Officers are being entrusted with the job of finalising district committees and wages will be fixed in less than three months," says Elias George, secretary, Department of Labour and Rehabilitation. "Even wages for household articles and consumer goods such as TV, fridge and so on will be fixed," he adds.
It is generally felt that nominations to the committees by the Government have to be free of political considerations. "If nomination of representatives of employers are made with political intentions, it could cause problems. The KVVES should be allowed to decide who their representatives should be," says Nazarudhin.
The same is considered true of the public and unions too.
Various business associations too want their interests to be represented at the committees. Asok Vasudevan, general secretary, Kerala State Hire Goods Owners Association, Thiruvananthapuram district says, "Transportation needs of hire goods business are of a different nature. When we have to pay upto Re.1 as loading and unloading charges on a chair that fetches us a rent of Rs. 2, the business turns unviable. In spite of exemptions given under the Act of 1978, hire goods owners often had to employ registered workers in many areas. We want the committees to take care of our interests too."
The powers granted to the police are opposed by the trade unions. The Act empowers the police to register a case against offending workers either suo moto or on a written complaint made in this behalf by an employer or any person aggrieved.
"The police should not be given the powers to interfere in any way," says Suresh Babu. Adds K. M. Sudhakaran, "The police can be influenced by moneyed employers. Only labour officials are capable of handling the problems that may arise."
TO THIS, Elias George is quite categorical. "Most of the offences under the Act are punishable under other laws such as the Indian Penal Code. They have been codified under a new law for effective implementation," he explains. Still, Pamela Anna Mathew feels, "Seeking the help of the police will often not be pragmatic. There are limits to what they can do. What will ultimately be decisive is the will of the public who should not give in to unreasonable demands."
Implementation of the Act is not expected to be easy. The chairperson of the CII (Kerala) is reasonably optimistic. "There will be a lot of resistance to the Act. But it will gradually grow to be fully effective," she says.
Yet a section of the lay public is diffident. "The headload workers are capable of mischief still. They could behave vengefully and make life unpleasant for anyone who dares to complain," believes S. Venugopal, a Government employee.
Political will and an effective policy on police administration are considered the key to the matter. Sukumaran Nair, a retired Central Government officer says, "Malafide interference by politicians in its implementation has to be prevented. The police should be allowed to act freely."
Also, public pressure is seen as enough deterrent to a repeal or amendment of the Act by any changed political dispensation.
In her study, `Redistribution, Political Conflict and Development in India: The Case of Kerala', economist Ana Patricia Viegas Justino of the Laboratoire d'Economie d'Orleans, France, writes, "The headload workers have traditionally been Kerala's most social and politically active and influential groups and their labour union is one of the most politically influential unions in India, despite being part of the unorganised sector."
This is a time of reckoning for these powerful unions. With a healthy work ethic and discipline, they could survive the change. Or else, the Government has to prove that violence and arm-twisting do not pay. It is hoped that next time the old man can carry his jackfruit home without fear.
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