BENGALURU: Labour unions are up in arms against the ordinance passed by the Karnataka cabinet on Thursday, to amend the Factories Act, Industrial Disputes Act and Contract Labour Act, and have termed it “retrograde”.The Bharatiya Mazdoor Sangh, an affiliate of the Rashtriya Swayamsevak Sangh, is also vehemently opposed to it, and started a nationwide weeklong protest on Friday to highlight woes of labourers across the country. The organisation is set to drag the BS Yediyurappa-led BJP government -- another affiliate of the Sangh -- to court over the decision to defer payment of Variable Dearness Allowance (VDA) from April 2020 to March 2021.
The State cabinet deemed the amendments a necessity to ensure “ease of doing business” but labour unions say it is violation of labour rights and retrograde in nature, leaving workers in the lurch during a pandemic. The ordinance allows factories or industries with less than 300 employees to shut down without government’s approval, with an amendment to Section 25K of the Industrial Disputes Act, 1947. The ‘Industrial Disputes and Certain Other Laws (Karnataka Amendmendment) ordinance’ increases the threshold of workers from 100, as mandated in the Industries Disputes Act, to 300.
The Mazdoor Sangh says it allows for exploitation of workers and favours industries. “Yes, it is our own government but their interests seem to be in helping industrialists and not labourers. These decisions are anti-labour and will put many out of work. How can the government take any good policy decision for labourers when the Industries and Commerce Secretary is also given charge as Labour Secretary?” said Lokesh CV, general secretary, Bharatiya Mazdoor Sangh, Karnataka.
The opposition, on the other hand, has questioned the need to make key decisions and reforms through an ordinance, instead of debating the same in the assembly. “We are all for development and more investments but this has become a government of ordinances. All these decisions are being taken at the behest of the Union government, especially in BJP-ruled states. The State government is undermining the legislative assembly, and it is an insult to democracy to pass ordinances without discussion and debate,” said RV Deshpande, senior Congress MLA and former industries minister.
“These are retrograde decisions, which violate labour rights and allow factories to get away with firing workers, especially at a time when thousands have not been paid for months. The government has failed to support labourers. Such laws will also allow industries to show each unit as an independent factory, and lay off workers without any repercussions,” said Maitreyi Krishnan, state committee member, All India Central Council of Trade Unions.
The Karnataka cabinet also amended the Contract Labour Act via an ordinance, to increase the worker threshold. “We have increased the limit on workers in units that use power from 10 to 20 and from 20 to 50 in units that do not use power,” said JC Madhuswamy, Law and Parliamentary Affairs Minister. This will allow these factories that hire less than 20 contract workers for electrified units and less than 50 contract workers for non-electrified works to function without government nod or inspections.