The National Industrial Tribunal Award on new manning scales in the port sector has become the focus of discussions across the country's major ports, with port managements and workers often locking horns over its implementation. While the managements maintain that the new manning scales will improve productivity in the port sector, the trade unions feel they will jeopardize port activities and result in workforce cuts.
Mr PM Mohammed Haneef, General Secretary of the All-India Port and Dock Workers Federation, spoke to Business Line on the impact of new manning scales in the port sector.
Q - When the unions are a party to the agreement, why this opposition to the new manning scales?
A - It is true that all recognized federations of the port and dock workers in the major ports had agreed to refer certain issues relating to manning strength for different operations and tasks at major ports to adjudication. Accordingly, a reference was made on November 14, 2000 to the National Tribunal, Kolkata, by the Labour Ministry, which had stipulated the period for submission of the award as six months from the date of notification.
While referring the matter, it was explicitly mentioned that the Presiding Officer should consider the local conditions of the major ports before pronouncing the award. However, the award was pronounced six years from the date of notification, instead of six months.
On getting the award on June 29, 2006, the federations tried to understand its implications and found that it weighed heavily in favour of the contentions of the management and very much against the workers' interests. The union federations, therefore, requested the Shipping Ministry to understand the award's implications and find ways to implement it without harming the workers.
In the meantime, a union of the Visakhapatnam Dock Labour Board approached the Andhra Pradesh High Court and obtained a stay order. The stay was vacated in April 2009.
When the Ministry tried to implement the award, the federations jointly and individually requested the present Shipping Secretary to resume discussions on the subject as assured by his predecessor to arrive at an amicable and practical solution.
The Ministry's present approach, that let the ports implement the award first and then discuss its implications with the unions, is not correct.
Q - Why are the unions not challenging it in the apex court?
A - True, we did not try to challenge the award in the apex court. It was with a good intention, anticipating the intervention of the Ministry, which initiated discussions on the award and deferred it for further discussions. We adopted this approach with a pragmatic and responsible attitude with a view to having better industrial relations in the ports.
Q - Is Kochi Port is in hurry to implement the award?
A - Yes, the port management unfortunately tried to implement it in a hurry without foreseeing the consequences. In fact, Kochi has the lowest manning strength among other major ports. In other major ports, for cargo handling, the manning strength is ranging from 24-31 whereas in Kochi, it is less than 16.
The management had not properly studied the implications of the award and tried to implement it partially. The recommendations relating to private workers seem to have been kept in cold storage, knowing that they may complicate the situation. Following the agitation, the management finally agreed to the new manning scales, with marginal adjustments in certain areas.
Q - What are the unions' expectations from the new Ministry?
A - The Government should frame a long-term port policy for the smooth and efficient functioning of the ports. The Government should give major ports full autonomy, as envisaged in the Major Port Trust Act. A port cadre should be created and professionals appointed as chief executives and they should be made accountable also.
To reduce expenditure, ports should be permitted to procure their own dredgers to cut dredging costs. Ports may be permitted to decide the charges for services without the intervention of the TAMP.
In fact, the TAMP is detrimental to the efficient and viable functioning of the major ports. Ports should be allowed to procure modern infrastructure facilities to ensure speedy and efficient functioning and also for securing better production and productivity.
The policy of the Government should be changed so that the major ports can compete with international ports and not with domestic ports. To ensure proper revenue income, the Government should permit the ports to collect port charges on the value of the Exim cargo, as existing at other international ports. Industrialisation and development of the hinterland should be a vital part of port policy.
Q- It is true that the cargo throughput is declining due to recessionary conditions in the shipping sector. The Government should take measures not to create over-capacity in the sector as part of the new economic policy.
A - The Government should have the right planning for the future of the shipping industry, taking into consideration global changes. The major ports should be strengthened, with additional and modern infrastructure to meet the requirements of the shipping industry and ensure lower turnaround time.
All hidden costs should be checked and middlemen should be removed in order to ensure lower handling cost. To ensure competitive rates, ports should take over stevedoring, as has been done by Mumbai Port Trust.
(Source - Business Line)
http://www.thehindubusinessline.com/2009/07/13/stories/2009071350711200.html
