Left parties, TUs seek review of SC ruling

New Delhi, Mar 29 (UNI) The Left parties and their affiliate trade unions today asked the government to seek a review of the Supreme Court's" pernicious" ruling empowering the employer to change the staff strength, saying it was bound to pave the way for 'hire and fire.' The CPI(M), CPI, Forward Bloc, CITU and AITUC also made a strong case for immediate setting up of the proposed National Judicial Commission to oversee the " behaviour" of the judges and make them accountable to the people. The apex court should have rather taken into account the workers growing dissent and opposition to the economic reforms which forced over 1.5 million people to take to the streets in Paris yesterday, they added.

In a verdict putting an employee fully at the mercy of his employer, the Supreme Court on Tuesday made it clear that an employer has the right to change the strength of staff in order to enforce the measure of economy or for streamlining the administration.

Talking to UNI, CPI General Secretary A B Bardhan said," The SC ruling virtually sanctions 'hire and fire', it is against the norms, rules and conventions of the industrial relations. The SC should learn a lesson from what is happening in France, Britain,Italy and Greece among other countries on the similiar issue." Mr Bardhan, a veteran Communist and freedom fighter, said throughout the entire Latin America and most parts of the Europe, the working people are in up in arms against the World Bank, IMF and MNCs sponsored new economic polcies.

CPI(M) senior leader and Polit Bureau member M K Pandhe deplored that in the recent times, "the judiciary has pronounced a series of retrogade judgements- that the contract labourers could not be made permanent employees, teachers could not get gratuity and the casual workers are not entitled for equal remuneration for equal work among others." On implications of the ruling, Mr Pandhe, who is also the CITU president, apprehended that a large number of regular workers would now be retrenched and said the ruling necessitated the urgent setting up of the proposed National Judicial Commission without further delay so that the people could have a higher authority to approach.

"It is becoming clear day by day that the accountability is just missing in the judiciary." Mr Pandhe added.

CPI national Secretary Shamim Faizi said the SC ruling had encouraged elements in the government, who contributed towards the Indo- US CEO Forum and the Indo- US Trade policy Forum, that contained the blueprint for opening up certain sectors including the Defence, insurance and banking for the benefits of the US capital and the MNCs.

"These are the forces who have been pressurising the government to alter the labour laws like introducing hire and fire. The verdict may pave the way for the same," the CPI leader said.

AITUC general Secretary Gurudas Dasgupta, MP, said the Left-oriented trade unions in cooperation with other TUs would chalk out a course of action to demand the review of the ruling, which he termed as "highly atrocious." Forward Bloc National Secretary G Devrajan said the ruling was not based on the ground realities in the country."The government must ensure that proper labour laws amendment in favour of workers as contained in the CMP, are brought in." He also reminded that the workers in South Korea,Belgium, Italy and Greece had already opposed such policies.

The CITU said," the ruling had come at a time when the media world over is replete with the news of country wide protest actions witnessed in France, over a government legislation conferring right to fire, albeit limited to 26 years of the employees hired.

"This should be an eyeopener to all concerned as to how the working people will press for their inalienable rights,'' CITU Secretary V R Vardharajan said adding that the government should take urgent steps to review the situation created by this ruling and similiar other judgements and take action to negate their harmful impact.

Referring to the apex court' s ruling on Right to strike, the CITU said it was deplorable that the country's highest judicial seat was "bent upon" on liquidating the hard won rights of the workers virtually negating the fundamental rights and directive principles of the Indian Constitution." The judiciary seeks to throw to winds the very concept of welfare and social security for the workers." AITUC Secretary D L Sachdev said they would soon hold a meeting of the central trade TUs, central and state government employees to find ways and means to build a mass movement to get the ruling reversed." It is surprising how the apex court has given such wide powers to the government and other employers to hire and fire in this fashion." UNI KSA RP DS1535