Sunday 28 July 2013

Before the Labour Commissioner

To
Labour Commissioner,
Commissioner of Labour Office,
DMS, Teynampet,
Chennai.
Respected Sir,
We on behalf of the 108 Ambulance Workers Union – a registered trade union functioning in the public private partnership concern GVK – EMRI, Tamilnadu bring to your knowledge the anti worker attitude practiced by the management in conducting domestic enquiries utterly violating the principle of natural justice.

Giving meager wage of Rs 7000/- to 8000/- and transferring them to places far away from their places of posting the management of GVK EMRI create conditions wherein  the Pilots and EMTs will not continue in service for long. In many cases the management swindles their wages also. This they do by getting wages from the government for the workers so driven out on the one hand and not paying the same to them on the other .This is the very normal practice mercilessly being followed by the unscrupulous and ruthless management of GVK-EMRI Tamil Nadu.This practice  make many Pilots and EMTs to undergo innumerable hardships. Previously when there was no organization to fight for the rightful causes of them the management was hardly bothered about conducting legally necessary domestic enquiries. After the formation of our union when we insisted upon and put pressure upon, the management had to comply with labour law provisions. Nowadays it has started conducting domestic enquiries even for those workers who were denied employment long back in order to give some resemblance of legality for its illegal acts.

Normally domestic enquires will go hand in hand with suspension orders. That is why the acts of suspensions would normally be called suspension pending enquiries. But as per law subsistence allowance should be given for the suspended workers for their period of suspension. For many of those workers against whom now the management has started conducting domestic enquiries no subsistence allowances were paid even though the concerned workers were out of service months together.

As per law domestic enquiries are to be conducted fully complying with the principle of natural justice. It means full opportunity must be given for those suspended  and charge sheeted workers to participate in the enquiry with the extension of all the facilities to bring forth their witnesses and giving full opportunity to cross examine the witnesses produced by the  management.  For producing the witnesses of the charge sheeted and suspended workers it is very much necessary that the enquiries are being conducted on the places of occurrence of the incidents themselves.

The management which initially complied with this norm and conducted the enquiry of one EMT by name Saravanan and one Pilot by name Satheesh in Madurai which is the nearest city to the place of occurrence of the incident, a place called Melur. Suddenly changing its attitude it has started conducting enquiries at Chennai for almost all workers who were charge sheeted and suspended. They include one Mr. Anbarasan an EMT cadre working in Bagayam near Vellore town. When a part of the enquiry had been conducted in the case of Satheesh, Elango and Saravanan keeping one advocate by name Arunachalam as enquiry officer the management has suddenly shifted the venue of enquiry to Chennai announcing another advocate as the enquiry officer. For Muruganandam another EMT attached to Thanjavur and another Jegan a Pilot attached to Manapparai near Trichy also the venue of enquiry was fixed at Chennai.

Though the management is coming forward to give travelling allowance to the charge sheeted employee and another co-staff participating in the enquiry as his aid about the witnesses the management does not say anything. Even if they come forward to give travelling allowance to the witnesses the witnesses will not be coming forward to take the trouble of travelling up to Chennai leaving all their other works just for the shake of giving evidence. Understanding fully well this problem the management is wantonly depriving workers off evidences coming in favour of them.

Further in the case of those workers who seek time for preparing themselves well for the enquiry through requisition letters which is an accepted method and practice at enquiry proceedings the management is not only not giving time but conducts enquiries one-sidedly without the participation of the concerned workers themselves. Taking evidence against the workers from the managerial personnel and sending the copy of the enquiry proceedings so conducted it asks the charge sheeted workers to come and participate in the middle accepting the one-sided evidences as such.

Thus the GVK-EMRI, Tamilnadu management is reducing the principle of natural justice which is to be safeguarded as the apple of an eye in the domestic enquiry proceedings into a mockery. And in many cases in the enquiry letter itself it says betraying its intention of its intent of awarding punishment without any qualms. This type of anti labour attitude has created enormous discontentment and mental turmoil to the workers. The management knows fully well that the decisions taken upon by this type of fake and farcical enquiries will fall flat before the court of Law. But it believes that the delay will kill the worker and try to take undue advantage of their inability to withstand it.

However this tendency and practice is invariably creating a mind set among the workers to go for direct action such as strike rather than fighting their case in such a trap and sticky wicket. Since this will create industrial unrest and affect industrial relations we request your good offices to come forward and to impress upon the management to abandon this unhealthy, unjustified and unlawful practice of making domestic enquiry into a mockery and farce and conduct them genuinely giving credence to the cardinal principles of natural justice.

Date: 26.07.2013                                                           Yours Faithfully
Place: Chennai
Copy to: The Joint Director (Health)                                      K. Pal Kannan
                Tamilnadu                                                      Organizing Secretary
                                                                                      108 AWU

                                                                                      Reg.No: 1508/MDU

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