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Sent: Saturday, 6 June, 2009 10:42:19
Subject: [issuesonline_worldwide] PUCL team of Gujarat inquires into the death of a labour employee in Adani Power Plant , at Mundra
With the growing industrialisatiom in Gujarat the problems of safety and welfare of workers have become complex
People's Union for Civil Liberties
4, Sanmitra Society, Opp. Malav Talav, Jivrajpark, Ahmedabad 380 051
Phone: 079 2663 6872
President Prof.J.S. Bandukwala, General Secretary- Gautam Thaker
Working President- Prakash N. Shah
PUCL team of Gujarat inquires into the death of a labour employee in Adani Power Plant , at Mundra (Kutch )
With the growing industrialization in Gujarat , the problems of safety and welfare of workers have become complex. Golden corridor from Nandesari to Vapi, Alang ship breaking yard, Kandla Port, everywhere exploitation of industrial workers is on increase. Most of the industrial units in Gujarat are private and since labourers are unorganized, this exploitation continues unchecked.
Adani power Plant is under construction at Shiracha, 20 kms away from Mundra. Its capacity is 4620 M.W. and according to company sources, it is the 3rd largest thermal project in the country. Its construction is expected to be completed by 2012. There are 8 to 10 thousand workers employed through 50 contractors. Resident colony of the workers is adjacent to power project under construction.
At 11.30 P.M. on 6th. May 2009, while the construction work was in progress, the employee named Mohammed Mustikan Ansari from Bihar, accidentally fell down from the height of 228 feet from the chimney. Due to defective operation of the lift, in which he was being carried away, and he lost his life. He was brought from Bihar and was an employee of Simplex Engineering Co. After this fatal accident, for two hours, no official of the company came at the site. According to some workers, similar accident had taken place on date 17/4/09 and the dead body of the worker was hurriedly disposed off by the company in ignorance of other workers. Being aggrieved by the apathy and fearing similar fate of the dead body, workers at the site pelted stones and resorted to violence. Police was called in by the private security guard. After 24 shells of tear gas in vain, the police fired 16 rounds in which 3 workers were injured. According to police, only two were injured. It is feared that private security guard might have fired.
Hearing the news of accidental death of a worker and police firing at Adani Power Plant, at Shiracha near Mundra, Peoples' Union for Civil Liberties (P.U.C.L.) formed a four member team which visited the site on 14th May, 2009.
Members of the team met company officials, Mr. Abhay Tamhane, Head of HRD and Mr. G. S. Pareek, Chief Security Officer. After a hot dialogue with company officials and security guards, members of the team were at last successful in interviewing some of the workers. But they were prevented from entering the workers colony. It was learnt that the victim was paid Rs. 8.50 Lakhs compensation.
The inquiry committee, after visiting the site and having interviews with affected people, officials and other concerned, came to the conclusion that,
· There was the violation of the Article 21 of the Constitution of India with regard to Right to life and Right to live with dignity.
· There was also a violation of various other labour laws like Minimum wages Act, 1948, Abolition of Contract Labour Act 1970, Interstate Migrant Labour Act, 1979.
· No warning was issued before firing and in firing all three workers were injured below abdomen, which was again a violation of norms of firing.
· There was total apathy of the local administration, including the Assistant Labour Commissioner and the District Collector. It seemed that inadequate wages, lack of minimum facilities including pure drinking water and toilets, absence of security instruments, apathy on the part of the Company and the Contractor, led to the violence.
Our Recommendations:
1. While framing its land policy and giving priority to industrialization/ industrialists, the State Government should not overlook the provisions of Articles 21, 38, 39-B, 39-C and 47 of the Constitution of India.
2. Registration of all the workers should have been made compulsory.
3. Safety of the workers should receive the top and foremost priority.
4. Hygienic conditions of the workers should be looked after.
5. No night shifts at the site of construction.
6. At the time of initiation of the construction works, a committee consisting of the employer's representative, employee's representative, N.G.O. and Government representative should be formed to see whether relevant provisions of the Constitution and Labour legislations have been complied with or not.
7. Human dignity in terms of Article 21 of every employee should be taken care of.
8. With increasing figures of development, exploitation should not be underestimated.
9. The registration of the migrant labourers should be done in both-home state and state of employment.
10. Recruit Labour Welfare Officers and Additional Labour Commissioners according to the number of industries and labourers.
11. Formation of an independent machinery for the Grievance Redressal of the Workers' Human Rights in which representation of eminent citizen of the state should be included.
Investigating Team:
Prof. Ashwin Karia Meenakshi Joshi
Vice-President, Gujarat Convenor, All India Mahila
P.U.C.L. and Director, Sanskritik Sangathan , Gujarat
Law College Palanpur.
Tapan Dasgupta Kamlesh Bhavsar
Political-Social Activist, Advocate,
Vadodara Ahmedabad.
Date of release : 4th June ,2009
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