Hunger Strike protest at Asansol plant of BOC(India) Ltd.

in 1983

BOC India Ltd. (Formally known as Indian Oxygen Ltd) is established in 1935, as a subsidiary of British Oxygen, UK. It is in the business of Industrial & Medical Oxygen, Acetylene and other cryogenic gasses. Earlier the company was also in the business of welding equipment, which was dis-invested to ESSAB India in 1991. Its headquarter (HQ) is located at Kolkata. Till it disinvested the welding business in 1991, it had 3 plants at West Bengal , oxygen & Acetylene plants at Kolkata (about 800 workers) and Asansol (about 400 workers), Equipment Factory (about 600 employees) at Kolkata, and a Welding equipment plant at Khardah, a suburb of Kolkata (about 600 unionised staff). Besides West Bengal, during 1980s it had other oxygen & acetylene manufacturing plants at Jamshedpur, Guwahati, Mumbai, Chennai (about 600 workers), Ahmedabad, Vizak, Hyderabad and Bangalore and Welding Equipment plant at Ammabur in Tamilnadu. At headquarter, it had about 150 unionised staff. It had total employee strength of about 5500 during 1980s. In west Bengal all five locations including HQ had common but separate three unions affiliated to CITU, INTUC and AITUC. While membership of CITU affiliated union were higher compare to other two unions at all locations in West Bengal, except at Asansol where INTUC affiliated union had the maximum membership followed by union affiliated AITUC and membership of CITU affiliated union was the lowest. There were also work station based concentrations of membership of the respective three unions at Asansol. At West Bengal, since there were multiple unions, in absence of formal of provision in ID Act for union recognition, as an established IR practice, management used to approach the state labour authority for recognition of TU as sole collective bargaining agent through membership verification. Such union recognition notification, issued by labour authority was valid for 6 months and used to be renewed in every six months. During 1980s, CITU affiliated union was the recognised union, for consecutives periods, for collective bargaining purpose. The then Chief Minister of the state, Jyoti Basu was the president of the union. The long term (normally 3 years) tripartite settlement with union used to be applicable to all 5 locations including Asansol unit. In 1983, following a prolonged negotiation for about 16 months, a 4 years tripartite settlement was signed in 1st week of February, 1983, applicable to all workers at all five units in West Bengal. Following the announcement of the settlement terms by management, the INTUC and AITUC jointly at local union level at Asansol gave later to management objecting

implementations of certain provisions of settlements namely, amount of arrear payments, period of settlement, and change in provisions of uniform and medical facilities. Management intimating the unions about legal sanctity of applicability of all provisions of the settlement, expressed its inability to discuss and modify any those provisions, which are already settled. General Secretary of both the unions served a notice of hunger strike unto death unless their demands are met. They also prevented every workman to accept the arrear payment including members of CITU affiliated union. In fear of physical assaults, even will workmen boycotted the area payment. General Secretary and treasurer of INTUC affiliated union and the General Secretary of AITUC affiliated union went on unto death hunger strike from 1st March, 1983 in a makeshift tent in front of main gate of the plant. Other members of them also were started participating in hunger strike in rotation. The plant operations were seriously affected due to work-to-rule policy and high un-planned mass absenteeism by members of INTUC and AITUC affiliated unions. Like on 3rd March, 4 workmen out of 5 total allotted workmen of canteen in the night shift remained absent resulting in work stoppage by majority of the workmen at their respective work station after the night food rest break on ground of non-availability of canteen food. in the shift Operations of ISSCOs, the steel factory at Burnpur (adjacent to Asansol) as also got affected as they used to get the supply of oxygen through the pipe line connected between these two plants. Management took legal recourse at the court under relevant provision of attempt to commit suicide (Section 309 of Indian Panel Code). Local court issued order on 4th March to police authority for forced feeding by taking them to civil hospital. Police on 4th March night two occasions lifted those leaders, who were on unto death hunger strike, for forced feeding as per order, but leaders following the forced feeding, like a victory march with their followers, returned to the tent on 5th March morning and continued on hunger strike. From 5th afternoon shift the operations got further affected with unruly behaviours by workmen members of AITUC and INTUC affiliated union. Management further to court for retraining the hunger strike. On direction of court, on 8th March in the night police again lifted them from tent at midnight and taken them to civil hospital. In anticipation of police action, both concerned unions called most of their member from all the shifts to gather in night of 8th March. A organised a big rally at the police station and subsequently at the hospital flowing lifting of their leaders by police. Plan operations in the night shift of 8th March was stopped at work stations accepted ISSCO pipe line supply. On 9th March morning, the leaders forcefully came

out of the hospital against police order and restarted their unto death hunger strike with more vigour and energy. Management also made a formal complain to local JLC about loss of production, and violation of tripartite settlement. The local leaders of CITU affiliated union, though had a cordial terms with local management, was ineffective to do anything to find a solution as their support base was much less compare to the combined membership of other two unions. They were in touch with their central leadership. Strong inter union rivalry, both at central as well as local level, had further complicated the problem. Since Asansol unit was producing and supplying medial oxygen (in cylinders) to all hospital surrounding areas of West Bengal and Bihar, this establishment was declared as Public Utility Service under section 2 (n) (vi). The telecommunication services (STD facility) between the Kolkata and Asansol was

extremely poor, consequently the communication between headquarter and local management was almost impossible. Moreover there was no electronic services available. The main communication channel between headquarter and local management internal daily courier service.

Issues for group work: 1. What are options management has to find a solution to the IR crisis? 2. What do you consider should the role HR of corporate headquarter to help the local management to deal with the situation? 3. What legal measures management can opt for to restrain industrial actions by AITUC and INTUC affiliated unions? 4. What could be the possible roles that labour authorities can play for finding a appropriate solution?

Short note on Section 309 of IPC ( as Reference to the case)

Section 309 of IPC-Dhara 309-Attempt to commit suicide:

Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for term which may extend to one year 1[ or with fine, or with both].

CLASSIFICATION OF OFFENCE PunishmentSimple imprisonment for 1 year, or fine or bothCognizableBailable Triable by any MagistrateNon-compoundable.

COMMENTS

'Attempts to commit suicide' as under sections 306 and 307

A person who jumps into a well in order to avoid and escape from her husband and subsequently comes out of the well herself, cannot be convicted under this section if there is no evidence to show that she wanted to commit suicide; Emperor v. Dhirajia, AIR 1940 All 486.

Right to die vis-a-vis Right not to die The Supreme Court has set aside its earlier judgment in P. Rathinam/ Nagbhushan Patnaik v. Union of India, JT 1994 (3) SC 392, wherein the Court had struck down section 309 as unconstitutional. In a country where one-half of its population still live below the poverty line, the right to die by suicide cannot be granted to any person. Article 21 of the Constitution, which gives right to life and personal liberty, by no stretch of imagination can be said to impliedly include right to death by committing suicide. The section is also not violative of article 14. There is no requirement of awarding any minimum sentence. The sentence of imprisonment or fine is not compulsory but discretionary; Gian Kaur v. State of Punjab, JT 1996 (3) SC 339. ---------------------------1. Subs. by Act 8 of 1882, sec. 7, for "and shall also be liable to fine".