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ISSUE AUGUST 04, 2003
STATES: TAMIL NADU
Striking Back
Jayalalithaa brings an end to the state wide strike,
quelling the opposition in copy book style
By Arun Ram
When more
than one lakh state government employees and teachers go on strike, any
chief minister would be unnerved. But when it happened in Tamil Nadu on
July 1, Chief Minister J. Jayalalithaa just smiled. Three weeks later,
the mystery of the smile was revealed. The 80-odd unions on strike-now
divided and disillusioned-prostrated themselves before Jayalalithaa in
order to get their members reinstated. The way the chief minister dealt
with the strike, arresting tens of thousands of employees under the Essential
Services Maintenance Act (ESMA) and dismissing 1.7 lakh workers, only
reinforced her image as the Iron Lady. On July 21, when the Supreme Court
appreciated her tough stand and "suggested" the employees might
be reinstated on compassionate grounds, Jayalalithaa proved beyond doubt
that nothing in the state administration could go against her wishes.
TOUGH STANCE: Jayalalithaa (top) will not reinstate
all employees she dismissed
At the end of three weeks, it was clear Amma had won on many fronts:
besides the apex court's endorsement of the Government's stance, the unions
of the teachers and the employees began to disintegrate following internal
differences and the Opposition was silenced. The Jayalalithaa-style could
well be an example for other chief ministers who have to deal with demanding
employees whom the Supreme Court chided for "thinking strike is their
birth right".
Protesting against the withdrawal of dearness allowance and certain
cash benefits under the pension scheme, the strike by the unions representing
13 lakh employees and teachers began on July 1. The agitation crippled
the administration. When the stir showed signs of gaining momentum, Jayalalithaa
did what she does best: take the bull by its horns. On day one itself,
the police took 20 representatives of the various unions into preventive
custody, and the Government made it clear that ESMA would be invoked to
arrest and dismiss the striking employees. A close aide of the chief minister
had this to say about Jayalalithaa's strong posture: "She wouldn't
have turned tough so early but for the utterances of some union leaders.
They used harsh words and boasted of support from opposition parties to
bring the Government to its knees. That really rubbed Amma the wrong way."
And when Amma is annoyed, there's no saying what happens next. The police
arrested not only the union leaders but also those from other sectors
who came out in support of the agitation. The Government quietly deployed
people registered with the employment exchanges on contract duty. As unemployed
youths thronged district collectorates and the secretariat, the Government
drove home the message that the existing staff were not indispensable.
The biggest blow to the strikers came on July 4 when the Government
passed an ordinance empowering it to dismiss the striking employees. The
Government immediately started cracking down. More than 2,500 secretariat
staff returned to work the same day. "That was the end of the agitation,"
says N.L. Sridharan, leader of a CPI(M)-backed union.
Opposition leaders, including DMK President M. Karunanidhi, flayed the
Government and called for the repeal of ESMA, but nothing happened. Midnight
knocks by the police-now notoriously frequent across the state-troubled
not just the union leaders but even the ordinary employees. Says a bureaucrat:
"Once the chief minister felt that some union leaders were trying
to ridicule her, she took it as a personal insult and vowed to demolish
the strike. It was a determined Jayalalithaa at her best."
IRON LADY ACTS
On July 1, several unions of teachers and government employees
go on strike, bringing the government machinery to a halt. The police
arrest 20 leaders.
The Government passes an ordinance empowering it to dismiss striking
employees. About 1.7 lakh workers are laid off.
Madras High Court passes an interim order asking the Government
to release arrested employees but the Government files a writ appeal
against it and gets a favourable ruling.
A few unions approach the apex court. Government's counsels defend
invocation of ESMA.
Jayalalithaa wins the battle as the Supreme Court
defends her tough stance on the strike.
On July 5, Chief Secretary Lakshmi Pranesh issued the dismissal orders
of a joint secretary and 15 deputy secretaries. In Dindigul, 7,200 employees
were dismissed. Even as the unions approached the Madras High Court arguing
against the maintainability of ESMA, the Government went ahead with the
dismissals and the fresh recruitments. Meanwhile, the employees found
a ray of hope. Justice P.D. Dinakaran of the high court passed an interim
order asking the Government to release the arrested employees and revoke
the suspension orders since they had given an undertaking they would withdraw
the stir. The judge added that he would be forced to pass orders if the
Government did not take a positive decision on the employees' release
before 10.30 a.m. the next day, July 6.
The Government was not intimidated. Within minutes of the judicial order,
it filed a writ appeal before Chief Justice B. Subhashan Reddy. In an
hour, the first bench comprising the chief justice and Justice N. Dinakar
suspended the single-judge order. Arrests and dismissals continued and
there was no response from Jayalalithaa on the request to take back the
employees. Finally on July 16, Jayalalithaa broke her silence, but only
to chide the staff. "They should realise their duties before fighting
for their rights," she told a meeting at Namakkal while announcing
welfare measures worth Rs 386 crore. "The government employees form
only 2 per cent of the state's population. I can't cater to all the demands
of this minority ignoring the interests of the 98 per cent. After all,
the government comes to power promising welfare to the people." She
did not forget to take a dig at the previous DMK government, saying she
had inherited empty coffers and that the employees should realise the
financial strain on the Government.
While a majority of the unions were resigned to their fate and kept
requesting the Government to reinstate the dismissed employees, some unions
and a DMK leader approached the Supreme Court. The state Government employed
the best of lawyers-K.K. Venugopal and P.P. Rao-who justified the dismissal
of 1.7 lakh employees and the maintainability of ESMA. Finally, the Supreme
Court observations on July 21 came as a pat on the back for Jayalalithaa.
The apex court bench comprising Justice M.B. Shah and Justice A.R. Lakshmanan
criticised the employees for "holding the state to ransom" and
"bringing the administration to a grinding halt". It suggested
the Government reinstate the employees who had not indulged in violence.
The Government has given an undertaking that it will take back all the
dismissed employees except 2,200 against whom firs have been lodged for
allegedly indulging in violence during the stir. They belong to unions
affiliated to opposition parties like the DMK and the Left.
Meanwhile, the unions are a divided family. G. Suryamurthy, one of the
leaders of the umbrella organisation JACTTEO-GEO, COTA-GEO, walked out
to form a parallel federation. "My union always believed in negotiated
settlements. It was the intransigence of some unions affiliated to the
Left that landed us in trouble," says a chastened Suryamurthy. "Many
leaders shot their mouth off angering the chief minister." Sridharan
of the rival camp refutes this: "Suryamurthy was our spokesman during
the strike. He can't blame others." Both factions claim they have
the backing of a majority and the discord gathers force. They, however,
agree on one thing: they will not forget the lessons they have learnt
this time. And these will be carefully revised before they strike again.