शिमला। जिला किन्नौर में जेपी कंपनी के एक हजार मेगावाट कड़छम वांगतू के कर्मचार एक अरसे से अपनी मांगों को लेकर आंदोलन पर है। माकपा की कमान में चलाए जा रहे इस आंदोलन को सरकार व जेपी कंपनी पुलिस व प्रशासन के दम पर कुचलने का प्रयास कर रही है। वामपंथी नेता व माकपा के उपाध्यक्ष राकेश सिंघा ने इस बावत प्रदेश के चीफ सेक्रेटरी पी मित्रा को एक चिटठी लिख कर इन कर्मचारियों व मजदूरों के खिलाफ पुलिस कार्रवाई रोकने की मांग की गई हे। सिंघा ने इस चिटठी के साथ इससे पूर्व डीसी किन्नौर को लिखी चिटिठयां भी भेजी है।
सिंघा ने कहा है कि 22 मार्च को जेपी के 12 कर्मचाराी उन्हें आवंटितकालोनी में प्रवेश करने से रोके गए।इस सबकी वीडियोग्राफी की गई है।उन्होंने कहा कि मजदूरों और कंपनी के विवाद के बीच पुलिस को घसीटा जा रहा है। सिंघा ने कहा कि कानून साफ है कि पुलिस को कंपनी के फायदे के लिए इस्तेमाल नहीं किया जाना चाहिए।उन्होंने कहा कि 19 मार्च से लेकर अब तक सैंकड़ों मजदूर आसमान के नीचे सोने के लिए मजबूर किए जा रहे है।इनके पास न ओढ़ने के लिए चादर न खाने पीने की सामाग्री है।उन्होंने पी मित्रा से तुरंत दखल देने की मांग करते हुए कहा कि ऐसा न करने पर स्थिति नियंत्रण से बाहर हो जाएगी।
सिंघा की ओर से मुख्य सचिव पी मित्रा व इससे पहले डीसी किन्नौर को लिखी चिटिठयों को पढ़े यहां-:
Rakesh Singha (Ex MLA)
Vice President
CITU, H.P
Dated: 23rd March, 2015
My dear P.Mitra Ji
I am sending three copies addressed to the Distt. Magistrate Kinnaur for your perusal and application of mind, which have been sent by me on 20.3.2015 and again on 21.3.2015 and another application made on 22.3.2015 sent through the official mail ID of Deputy Commissioner Kinnaur.
On 22.3.2015 twelve workers belonging to the JP Company made attempts to enter their allotted legal accommodation one by or at Kaghstal workers colony but they were not permitted to do so. All this has been videographed to be used as evidence to prove my contention that the police force is being dragged against the provisions of the law in the industrial dispute which is pending settlement between the JP workers Union Karcham Wangtoo and Baspa-II and the management of the Jaypee Hydro Power.
There is settled law that the police force must not be used to the advantage of the employer, establishments etc. who already stand on a more advantageous position in a dispute that arises with their workers who because of their weak economic position in the society stand on a weaker footing.
Here there is also the question of protecting the principles laid down by the Supreme Court in interpreting the meaning of life and liberty enshrined in article 21 of the constitution.
I am to inform you since 19th night 700 workmen and since 20th night approx 400 workers of the JP Company are forced to sleep under the open air in sub zero temperature with high velocity winds which a normal human body is unable to endure. He does not have a bed sheet to cover his body at night and he is only having a single meal a day as his clothes and food are in the room allotted to him by the company.
This cannot be permitted in a civilized society and the various research works made by researchers for the geneses of spontaneous violent Trade Union reactions is the ruthless inhuman exploitation and repression made on workers by dehumanized managements, which have resulted in reaction of dangerous dimensions.
Please do not allow this to happen in Himachal. I posses’ facts with documentary evidence of the most inhuman attitude and behavior of JP company management for which I am determined to expose them and provide relief to the victims of their savage instincts.
Pl. intervenes before things are allowed to go beyond control.
Sincerely,
Rakesh Singha
Sh. P. Mitra Ji
Chief Secretary
Govt. of Himachal Pradesh
To
The District Magistrate,
Distt. Kinnaur, Rekong Peo,
H.P.
Subject: Clarification of the order under section 144 Cr P.C dated 18.3.2015 vide order No KNR-XV-131(PSH)/-
Sir,
The operative portion of the order under section 144Cr.P.C dt. 18.3.2015 vide order No KNR-XV-131(PSH)/- made by you reads as “ …………which is likely to cause disturbance to public peace and tranquility or moving with intention to create annoyance or obstruction to peaceful citizens of the area. Starting from Tapri Subzi Mandi to residential colony of JP Project and all project sites……..”
As the police force along with the security of JP company are preventing the workmen from entering their place of residence at their respective camps at Kasthal Shaltoo and Kilba, where they reside and take their meals, they are willfully making themselves a Party to the industrial dispute that exists between the JP workers Union Karcham Wangtoo and Baspa-II and Jai Prakash Hydro Power Ltd. Kinnaur to put the management to advantage, in the pending dispute. This prevention of the police amount to blatant violation of article 21 of the constitution of India at a time when the workmen have been on strike for the last two months since 14th Jan, 2015. Moreover this is being done to implement the illegal order of the company by which it has asked the workers to vacate the allotted accommodation pending settlement of the dispute.
As more than 400, workers are yet staying under the open air; you are requested to direct the police not to prevent the workers from entering their residential area. Further you are requested to issue a corrigendum which states as under.
- That your order under section 144 Cr.P.C dt. 18.3.2015 will not apply to the place of resident of the workers, allotted to them in their respective camps at Kaghstal,Sherpa colony Shaltoo and Kilba, by the company.
- That the order will not apply to the place of protest outside the area of the order which you should specifically specify as to protect the fundamental right of expression of the workmen and the others supporting their cause.
Pl. do this by 5:00 p.m. on 21st March 2015, so that the workers can sleep and have food in their place of residence.
Dt. 21st March, 2015.
Rakesh Singha
Vice President, CITU
Himachal Pradesh
(Applicant)
To
The District Magistrate,
Distt. Kinnaur,
Rekong Peo,
Himachal Pradesh
SUBJECT: Videography of the entry of the workmen in their legitimate residential colony.
Sir,
I, request you in your capacity as district magistrate to please direct a responsible officer of the state government to be present at the time of entry of the workmen in their legitimate residence at the Kasthal residential colony between 4 p.m and 5 p.m today i.e. 22nd march 2015.
The same may also be videographed as an evidence for your satisfaction. The workmen concerned would engage an independent videographer for their own legal record.
Date: 22nd March, 2015 Rakesh Singha
Time: 1:00 p.m. Vice President, CITU
Himachal Pradesh
(Applicant)
To
The Deputy Commissioner
Distt. Kinnaur
Himachal Pradesh
SUBJECT: Violation of section 33 of the Industrial Dispute Act 1947, under the protection of section 144 CrPC.
Sir,
Please take note of the fact that the JP Company has engaged workmen without adopting the due process of law in both the Karcham Wangtoo and Baspa-II hydel projects by taking defense of section 144 Cr.P.C. The record of the labour deptt is a witness that this is being done to prevent the workmen from agitating the implementation of statutory labour laws which are being denied to the workmen inspite of raising an industrial dispute by serving a demand notice on the management on 15th oct, 2014.
It is painful to inform you that the various organs of the state are helping the JP Company to ensure the willful violation of the statutory benefits that will accrue to the workmen in case the laws are implemented.
You are requested to direct the JP Company to remove all such workmen engaged by them in violation of law. You must also direct an officer of the Distt. administration to supervise this work.
Date: 22nd March, 2015 Rakesh Singha
Time: 1:00 p.m Vice President
CITU HP
(Applicant)
To,
The Deputy Commissioner,
Kinnaur
Dated:-20/3/2015
Subject:- Urgent
Sir,
I , spoke to you at 9:19pm last night, yesterday on 19th march , the workers were not allowed entry in the allotted accommodation provided to them in the Kasthal, Shaltoo and kilba campus, by the local police and the security staff of JP Company . This information, i received from a local union leader Mr Moti at 4:14 pm , then again at 4:47pm, then at 5:02pm and last called at 6:47pm. I asked him to give the phone to officer on duty, who refused to speak to me and informed Mr Moti that he has specific orders and i should speak to higher officers regarding this. I spoke to the DGP Sh Sanjay Kumar at 5:07 pm . Approx 700 workers have slept in the open without any bedding. Normal human body can’t endure the high velocity winds and sub- zero temperature that existed last night 19th March 2015. It must be in every ones interest to ensure that there is no loss of life due to cold conditions. Please do the needful.
RAKESH SINGHA
[Applicant]
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