THE 46th Indian Labour Conference (ILC) was held in the national capital’s Vigyan Bhawan on 20TH and 21ST July. Indian Labour Conference is supposed to be the highest tripartite body as far as the issues of labour are concerned. All the three stakeholders – employee, employer and the government – participate, discuss and try to reach conclusions on important issues, decided in advance. Indian Labour Conferences have a history preceding our Independence. The first ILC was held in 1940 and some of the conferences are considered to be milestones in the history of labour. The 15TH ILC, held in 1957, is one such conference, where a unanimous conclusion was reached on fixation of minimum wages, on a scientific basis of the requirements of the micro family of a worker. Even today for all demands of the workers and trade unions on wages, this conclusion reached in 1957 is demanded to be taken up as a basis. It is another matter that despite different governments coming to power during the last 58 years after the 15TH ILC, the issue of minimum wages remains a recommendation. It continues being discussed. The 46TH ILC was no exception! Indian Labour Conference and its tradition are always quoted by the governments to show that India has developed a system of consultation involving all the stakeholders! But it is well known to all concerned that the reality is otherwise. The present Prime Minister was no exception in highlighting this tradition. Narendra Modi, in his inaugural address to the 46TH ILC, referred to this tradition in the very first sentence of his 45-minute speech. But the agenda note for this 46th ILC itself was enough to blow up these claims. The very first agenda was on the implementation (actually, the non- implementation) of the unanimous recommendations of the 43RD, 44TH and 45TH ILCs, with special references to minimum wages, contractor workers’ issues, scheme workers, and ‘tripartism’. On all these four specific issues, conclusions reached in the earlier ILCs were not implemented. In fact, it is not the question of non-implementation, but that of “rejection” by certain departments of the government. Such is the importance of the “consensus recommendation” of the highest tripartite forum, which the Prime Minster Modi even referred to as the “Workers Parliament”. May be we can agree to that definition, as both Parliament and ILC have been effectively turned into “talking shops”. The Background The 45TH ILC was held in May 2013, which was inaugurated by the then Prime Minister Manmohan Singh. Though the 46TH Standing Labour Committee had met in January 2014 to finalise agenda for the 46TH ILC, the government failed to hold the ILC. After the general elections and change of government in May 2014, the central trade unions expected that the new government would convene the ILC at the earliest to explain its attitude to labour related issues. CTUs submitted a memorandum with the common charter of demands to the Prime Minister in June 2015, within a month of the new government taking over. They also expressed their concern at the unilateral actions of the state governments like Rajasthan. However, not only did the central government refrain from acting on the charter, but also advised all the state governments to follow what Rajasthan government was doing. It was these unilateral actions of the governments at the Centre and in states, and their lack of response to the demands that forced the CTUs to go for countrywide protest demonstrations and courting of arrest on 5TH December, 2014 and 26TH February, 2015. The Call for Convention When the Government of India persisted with its unilateral actions on labour related matters, the trade unions took a decision on 9TH April to call for a national convention to decide “further actions including strike”. This decision of holding a national convention to decide on a strike action compelled the government to take some actions. It called several tripartite meetings to “hold consultations” on the already finalised bills on labour law amendments and the changes in the ESI and EPF that have been already declared in the Budget speech of the Finance Minister. In addition to the Labour Minister, two other ministers attended a meeting to discuss on the charter of demands of CTUS. However, all these meetings ended without much discussion. At 7 pm on 24TH May, a Sunday, the Labour Minister’s office informed all CTUs that the Government of India notified the formation of a five- member ministerial committee with Finance Minister Arun Jaitley as the Chairman to hold “threadbare discussion with the unions on their demands”. It was also informed that the first meeting will be for two days. In the same breath, the Labour Minister’s communication also stated that the labour law amendments were being made after giving due consideration to the opinions of the central trade unions. Rejecting this stand, the CTUs which met on 25TH May decided to go ahead with the strike and announce the date of the countrywide general strike as 2ND September from the national convention the next day. This decision of countrywide general strike set the ball rolling. While the trade unions started their preparations in right earnest, the unilateral actions of the Government of India came for discussion in the 104TH annual conference of ILO in Geneva, held in the first half of June. This was based on a complaint by CITU about violation of ILO Convention No. 81 on inspections. The government had to say that there will not be unilateral changes in the inspection systems. The ILO office in Delhi with a directive from Geneva also intervened on the labour law amendments, industrial relations issues and on industrial development. Consultation conferences were held with CTUs, ILO officials and consultants/experts in different centres and in Delhi. It was in the conference in New Delhi, on 29TH June that the Labour Minister announced that the 46TH ILC will be held on 20TH and 21ST July and the Prime Minister had consented to inaugurate the Conference. The 46TH meeting of Standing Labour Committee to finalise the agenda for the ILC was called on 10TH July, just ten days ahead of the ILC. Four items – review of the implementation of the recommendations of 43RD, 44TH and 45TH ILCs, labour law amendments, social security, amendments to the Payment of Bonus Act proposed by the trade unions and employment and employment generation were finalised as the agenda items for 46TH ILC. Never before was an ILC held within such a short time after finalising the agenda. Usually there used to be a gap of two to three months and enough time for the government to make proper preparations for the ILC and for the trade unions to prepare their position papers. But this time, the government was able to make the soft copies available only on 17TH July. The group of ministers called the CTUs for a meeting at 3 pm on 19TH July evening while the Prime Minister sent them an invitation for tea at 6 pm on the same day. Immediately after the ritual of holding a meeting with the group of ministers, the CTU leaders had to rush to have tea with the Prime Minister. Modi listened to the trade union leaders in the presence of the group of ministers. The Prime Minister was expected to at least refer to the workers’ demands in his inaugural address. In stead, it was, as everyone knows now, a typical Modi speak! All the trade union representatives lashed out at the government’s unilateral actions on labour laws negating the tripartite system in the country. Many reiterated the decision of the national convention to go for a country wide general strike on 2ND September, 2015. While the trade unions were criticising the government’s approach, the charter put up by the employers in the ILC made it clear to every one that the government’s agenda was the same as the employers’ charter. Government Exposed The hyperbole on the tradition of tripartism and the words that the government will take decisions only after consultation with trade unions were exposed on the next day of ILC itself. On 22ND July, the very next day of the ILC, the Madhya Pradesh legislature passed a single bill to amend eight major labour laws and ensuring amendments to seven others through notification. There was no discussion in the Assembly. A total of six Bills were passed within 30 minutes. The BJP-led government in Madhya Pradesh did not find it necessary to spend even a minute to discuss with trade unions in the state on these amendments, while it did have enough time to hold consultations with employers! It is pertinent to note that in an internal note the MP government made it clear that the amendments were aimed at avoiding the nuisance of trade unions as well as of the inspectors! It is in these circumstances that the trade unions will have to go ahead to reach out to every worker in the country, explaining the politics behind the policies of the government and put forward the alternatives from the workers side! These governments need a fitting reply from the working people of the country for all their anti-worker, anti-people policies. We have to ensure that such a reply is delivered on 2ND September, 2015. (END)