ˇ - profile and organisation of fmraifmrai.org/uploads/fmrainews/fmrainews-jun2010.pdf · field...

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Organ of Federation of Medical And Sales Representatives Associations of India 60-A Charu Avenue • Kolkata-700 033 • Phone : 24242862 / 24244943 • E-mail : [email protected] Vol. IX No. 11 KOLKATA F MRAI N EWS Rs.3 1 JUNE 2010 A bout 750 field workers of Wyeth- Pfizer abstained from work on the day of their all India strike on 20 May protesting against Pfizer management’s attempt to convert their job as bonded labour outside Indian law, union and agreements. 134 of them were from Pfizer’s subsidiary Wyeth and rest from principal company Pfizer. Striking field workers staged dharna in front of company’s establishments at Mumbai, Kolkata, Patna, Bhubaneswar, Guwahati, Delhi, Jaipur, Hyderabad, Chennai, Cochin and Bangalore. Council subcommittee members of the local units of FMRAI joined dharna, demonstration and gate meetings in large number including the head office of the company at Mumbai. Gate meetings were addressed by FMRAI, state units and council leaders. Ref. No. P/1 – 164 27 th May, 2010 Mr. Kewal Handa Managing Director of Pfizer Limited and of Wyeth Limited Pfizer Centre, Patel Estate, S V Road, Jogeshwari (West), Mumbai-400 102 Ref: Your letter of May 15, 2010 addressed to us Dear Sir, We have received a letter from one of your senior manager in HRD in reply to our notice of strike vide our letter no. P/1-136 dated 28.4.2010. Leaving aside the use of adjectives, abuses and threats in your letter, your main contentions are (i) that Pfizer limited and Wyeth Limited are two separate legal entities and independent of each other at operational level; (ii) that there was no illegality in the recruitment of some sales promotion employees of Wyeth in Pfizer; (iii) that you propose to go to court of law against us for raising demands in our above referred letter and (iv) that, you would not entertain any future correspondence in this regard. We are giving point by point reply to your letter as below. 1. Pfizer has acquired Wyeth internationally and is the owner of Wyeth in India. The merger of two companies in India is in the process. 2. On the subject of pending charter of demands of the sales promotion employees, the Human Resource Director of Wyeth Ltd (marked as subsidiary of Pfizer) Mr. Alex Rajan, vide his letter of February 4, 2010 addressed to the General Secretary of FMRAI, informed, “the matter of Charter of Demands can be reviewed in due course, once the Operational integration phase gets completed.” (Copy of the letter is attached as Annexure-1.) 3. As Pfizer Managing Director you had teleconferencing on 20 October, 2009 with the sales promotion employees of Pfizer and Wyeth together. In addition to being Managing Director of Pfizer, you became Managing Director of Wyeth U.S.-MNC Pfizer in true colour In a conciliation meeting on 26 May at Mumbai, called by assistant commissioner of labour (ALC) C. S. Keer, both the parties attended. Management took the stand that the strike was illegal and that the issues on demand are subjudice. FMRAI took the stand that only court or the government can declare any strike as illegal and not the management. ALC held that the strike was legal; that FMRAI has the right to represent field workers of both Pfizer and Wyeth; that the charter of demands was not subjudice; and advised both the parties to hold bilateral discussion on all issues. Responding sharply to the strike notice, management of Pfizer wrote to FMRAI on 15 May using many adjectives and couple of threats, but not much in substance. FMRAI sent its rebuttal.n Strike in Wyeth–Pfizer O n 21 May, headlines of financial dailies across the country screamed about Abbott’s buyout of leading Indian drug maker Piramal Healthcare paying $ 3.72 billions to claim the position of largest pharma company in India. Abbott and Piramal entered into 8 years non-compete covenant on the subjects of sale. Abbott announced to make it part of the company’s newly created stand- alone Established Products Division. The company said that the combined sales force would be the largest in the industry in India, Sanofi-Aventis and Pfizer were also in buying race. Piramal Healthcare’s chairman Ajay Piramal, in his communication to the employees on this buyout, penned English translation of couplet from Kalidasha’s epic ‘Kumarasambhaba’ on giving away his ‘Shakuntala’ to Abbott in marriage. Two points Mr. Ajay Piramal! Kalidasa’s Shakuntala was not sold out and that Kalidasha, in his early days, was Abbott’s buyout of Piramal found cutting the branch of the tree he was sitting on. Apart from selling and buying story, on hard facts about future of employees, Ajay Piramal wrote, “Abbott would also like to retain all the employees of the domestic business including True Care employees and those working with PHL Pharma Pvt. Limited” and that “Abbott would retain all the transferred employees and the transferred employees would also be given continuity of service.” Fine words, but, knowing the character of US multinationals, it is not enough. Ajay Piramal should disclose the terms in the agreement between two companies on the future of field workers of Piramal Healthcare. FMRAI, as a recognized union in the company, has every right to demand such disclosure and it has every right to intervene to protect the interests of the sales promotion employees. In this background, FMRAI has called upon all field workers of A bout 1450 Alembic field workers abstained from work responding magnificently to FMRAI’s call of all India strike on 3 May. This was the second successful all India strike in Alembic in three months. The strike was complete in Assam, Tripura, other north east states, Bihar, Jharkhand, West Bengal, Orissa in east; Rajasthan, Uttar Pradesh, Uttara khand, Himachal Pradesh in north; Madhya Pradesh, Chattisgarh and Maharashtra in west; and Andhra Pradesh, Kerala, Karnataka and Tamilnadu in south. Strike was partial in Mumbai city, Delhi and Gujarat. Strike in Alembic The striking field workers staged dharna and demonstrations. Gate meetings were held in front of company’s establishments at Kolkata, Guwahati, Cuttack, Ranchi, Patna, Lucknow, Jaipur, Pune, Indore, Raipur, Jabalpur, Hyderabad, Vijayawada, Ernakulam and Bengaluru. Simultaneous demonstrations were staged in 19 units of APMSRU. The strike was in pursuance of demands for settlement of long pending charter of demands; creation of grievance redressal forum; reinstatement of 2 terminated field workers and revocation of transfer orders to 4 field workers; against indiscriminate wage cuts and deductions from expense statements and against harassments of field workers by calling them in the head office of the company at Mumbai.n A t Mumbai about 150 council subcommittee members joined the striking Pfizer-Wyeth field workers and staged militant demonstration in front of company’s head office addressed by FMRAI’s joint general secretary K. B. Kadam, At Kolkata 300 strong demonstration and gate meeting was addressed by FMRAI’s general secretary D P Dubey, joint general secretary Aloke Banerjee, all India convener A. Choudhury and joint all India convener Sudip Roy. Demonstration before Pfizer head office, Mumbai. also on 26 October, 2009. You are now the Managing Director of both the companies in India - Pfizer Ltd and Wyeth Ltd. In your written communication on 3 November, 2009 in ‘Wyeth Times’ you stated, In the intervening months, we will undoubtedly look for operational synergies.” As Managing Director of both the companies you addressed circular dated 26 February, 2010 to all sales promotion employees. You also attended several sales meetings of both the companies. 4. From the above it will be clear that two companies are together operationally including the matters pertaining to conditions of service of the sales promotion employees. 5. Your company issued circular dated 15 March, 2010 to all sales promotion employees of Wyeth Ltd for job in Pfizer. Instead of job transfer, your company resorted to unfair labour practice forcing them to resign from the subsidiary company. 6. During the pendency of Charter of Demands dated 7 September, 2009, you created two conditions of service for the sales promotion employees, who are covered by settlement dated 29 October, 2007. This is also unfair labour practice. 7. In recruiting the sales promotion employees in Pfizer, your company violated Section 2(d), Section 5 and Section 7 of Sales Promotion Employees (Conditions of Service) Act, 1976 and Rules 22(1), 23 (a), (b), (c), (d) and Rules 15, 16 and 20 under the Act. 8. Your company threatened to take legal course against us for raising these issues. We shall welcome such step by you giving us an opportunity for legal scrutiny of your actions. 9. Since you wrote to us that you would not entertain any further correspondence in this regard, we are bringing these issues in public domain. Thanking you, Yours faithfully, for FMRAI D P Dubey, General Secretary Copy: Commissioner of Labour, Government of Maharashtra, Mumbai. See page-2 See page-2 S T O P P R E S S Comrade Kaushik Das, 35, medical represtative of Win Medicare, Bilaspur, had a tragic death in the disastrous Jyaneswari Express accident on 28 May alongwith many. Demonstration at Jabalpur

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Page 1: ˇ - Profile and Organisation of FMRAIfmrai.org/uploads/fmrainews/FMRAINEWS-Jun2010.pdf · field workers staged dharna in front of company’s establishments at Mumbai, Kolkata,

������������� �������������������������������� � ������������� ������������60-A Charu Avenue • Kolkata-700 033 • Phone : 24242862 / 24244943 • E-mail : [email protected]

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About 750 field workers of Wyeth-Pfizer abstained from work on theday of their all India strike on 20 May

protesting against Pfizer management’sattempt to convert their job as bonded labouroutside Indian law, union and agreements.134 of them were from Pfizer’s subsidiaryWyeth and rest from principal company Pfizer. Strikingfield workers staged dharna in front of company’sestablishments at Mumbai, Kolkata, Patna,Bhubaneswar, Guwahati, Delhi, Jaipur, Hyderabad,Chennai, Cochin and Bangalore. Councilsubcommittee members of the local units of FMRAIjoined dharna, demonstration and gate meetings inlarge number including the head office of the companyat Mumbai. Gate meetings were addressed by FMRAI,state units and council leaders.

Ref. No. P/1 – 164 27th May, 2010

Mr. Kewal HandaManaging Directorof Pfizer Limited and of Wyeth LimitedPfizer Centre, Patel Estate, S V Road,Jogeshwari (West), Mumbai-400 102

Ref: Your letter of May 15, 2010 addressed to us

Dear Sir,

We have received a letter from one of your seniormanager in HRD in reply to our notice of strike videour letter no. P/1-136 dated 28.4.2010.

Leaving aside the use of adjectives, abuses andthreats in your letter, your main contentions are (i)that Pfizer limited and Wyeth Limited are twoseparate legal entities and independent of each otherat operational level; (ii) that there was no illegality inthe recruitment of some sales promotion employeesof Wyeth in Pfizer; (iii) that you propose to go tocourt of law against us for raising demands in ourabove referred letter and (iv) that, you would notentertain any future correspondence in this regard.

We are giving point by point reply to your letteras below.1. Pfizer has acquired Wyeth internationally and is

the owner of Wyeth in India. The merger of twocompanies in India is in the process.

2. On the subject of pending charter of demands ofthe sales promotion employees, the HumanResource Director of Wyeth Ltd (marked assubsidiary of Pfizer) Mr. Alex Rajan, vide his letterof February 4, 2010 addressed to the GeneralSecretary of FMRAI, informed, “the matter ofCharter of Demands can be reviewed in duecourse, once the Operational integration phasegets completed.” (Copy of the letter is attachedas Annexure-1.)

3. As Pfizer Managing Director you hadteleconferencing on 20 October, 2009 with thesales promotion employees of Pfizer and Wyethtogether. In addition to being Managing Directorof Pfizer, you became Managing Director of Wyeth

���������� ��������������In a conciliation meeting on 26 May at

Mumbai, called by assistant commissionerof labour (ALC) C. S. Keer, both the partiesattended. Management took the stand thatthe strike was illegal and that the issues ondemand are subjudice. FMRAI took thestand that only court or the government can

declare any strike as illegal and not themanagement. ALC held that the strike was legal;that FMRAI has the right to represent field workersof both Pfizer and Wyeth; that the charter of demandswas not subjudice; and advised both the parties tohold bilateral discussion on all issues.

Responding sharply to the strike notice,management of Pfizer wrote to FMRAI on 15 Mayusing many adjectives and couple of threats, butnot much in substance. FMRAI sent its rebuttal.�

Strike in Wyeth–Pfizer

On 21 May, headlines offinancial dailies acrossthe country screamed

about Abbott’s buyout of leadingIndian drug maker PiramalHealthcare paying $ 3.72 billionsto claim the position of largestpharma company in India. Abbottand Piramal entered into 8 yearsnon-compete covenant on thesubjects of sale. Abbottannounced to make it part of thecompany’s newly created stand-alone Established ProductsDivision. The company said thatthe combined sales force wouldbe the largest in the industry inIndia, Sanofi-Aventis and Pfizerwere also in buying race.

Piramal Healthcare’s chairmanAjay Piramal, in hiscommunication to the employeeson this buyout, penned Englishtranslation of couplet fromKalidasha’s epic‘Kumarasambhaba’ on givingaway his ‘Shakuntala’ to Abbottin marriage. Two points Mr. AjayPiramal! Kalidasa’s Shakuntalawas not sold out and thatKalidasha, in his early days, was

Abbott’s buyoutof Piramal

found cutting the branch of thetree he was sitting on.

Apart from selling and buyingstory, on hard facts about futureof employees, Ajay Piramalwrote, “Abbott would also like toretain all the employees of thedomestic business including TrueCare employees and thoseworking with PHL Pharma Pvt.Limited” and that “Abbott wouldretain all the transferredemployees and the transferredemployees would also be givencontinuity of service.”

Fine words, but, knowing thecharacter of US multinationals, itis not enough. Ajay Piramalshould disclose the terms in theagreement between twocompanies on the future of fieldworkers of Piramal Healthcare.FMRAI, as a recognized union inthe company, has every right todemand such disclosure and ithas every right to intervene toprotect the interests of the salespromotion employees.

In this background, FMRAI hascalled upon all field workers of

About 1450 Alembic fieldworkers abstained fromwork responding

magnificently to FMRAI’s call ofall India strike on 3 May. This wasthe second successful all Indiastrike in Alembic in three months.

The strike was complete inAssam, Tripura, other north eaststates, Bihar, Jharkhand, WestBengal, Orissa in east;

Rajasthan,U t t a rPradesh,U t t a r ak h a n d ,HimachalPradesh inn o r t h ;M a d h y a

Pradesh, Chattisgarh andMaharashtra in west; and AndhraPradesh, Kerala, Karnataka andTamilnadu in south. Strike waspartial in Mumbai city, Delhi andGujarat.

Strike in Alembic

The striking field workers stageddharna and demonstrations. Gatemeetings were held in front ofcompany’s establishments atKolkata, Guwahati, Cuttack,Ranchi, Patna, Lucknow, Jaipur,Pune, Indore, Raipur, Jabalpur,Hyderabad, Vijayawada,Ernakulam and Bengaluru.Simultaneous demonstrationswere staged in 19 units ofAPMSRU.

The strike was in pursuance ofdemands for settlement of longpending charter of demands;creation of grievance redressalforum; reinstatement of 2terminated field workers andrevocation of transfer orders to 4field workers; againstindiscriminate wage cuts anddeductions from expensestatements and againstharassments of field workers bycalling them in the head office ofthe company at Mumbai.�

At Mumbai about 150council subcommitteemembers joined the

striking Pfizer-Wyeth fieldworkers and staged militantdemonstration in front ofcompany’s head officeaddressed by FMRAI’s jointgeneral secretary K. B. Kadam, At Kolkata 300 strongdemonstration and gate meeting was addressed byFMRAI’s general secretary D P Dubey, joint generalsecretary Aloke Banerjee, all India convener A.Choudhury and joint all India convener Sudip Roy.

Demonstration before Pfizer head office, Mumbai.

also on 26 October, 2009. You are now the ManagingDirector of both the companies in India - PfizerLtd and Wyeth Ltd. In your written communicationon 3 November, 2009 in ‘Wyeth Times’ you stated,“In the intervening months, we will undoubtedlylook for operational synergies.”As Managing Director of both the companies youaddressed circular dated 26 February, 2010 to allsales promotion employees. You also attendedseveral sales meetings of both the companies.

4. From the above it will be clear that two companiesare together operationally including the matterspertaining to conditions of service of the salespromotion employees.

5. Your company issued circular dated 15 March, 2010to all sales promotion employees of Wyeth Ltd forjob in Pfizer. Instead of job transfer, your companyresorted to unfair labour practice forcing them toresign from the subsidiary company.

6. During the pendency of Charter of Demands dated7 September, 2009, you created two conditions ofservice for the sales promotion employees, whoare covered by settlement dated 29 October, 2007.This is also unfair labour practice.

7. In recruiting the sales promotion employees inPfizer, your company violated Section 2(d), Section5 and Section 7 of Sales Promotion Employees(Conditions of Service) Act, 1976 and Rules 22(1),23 (a), (b), (c), (d) and Rules 15, 16 and 20 underthe Act.

8. Your company threatened to take legal courseagainst us for raising these issues. We shallwelcome such step by you giving us an opportunityfor legal scrutiny of your actions.

9. Since you wrote to us that you would not entertainany further correspondence in this regard, we arebringing these issues in public domain.

Thanking you,Yours faithfully,for FMRAID P Dubey, General Secretary

Copy: Commissioner of Labour, Government ofMaharashtra, Mumbai.

See page-2

See page-2

S T O P P R E S SComrade Kaushik Das, 35, medicalreprestative of Win Medicare, Bilaspur,had a tragic death in the disastrousJyaneswari Express accident on 28 Mayalongwith many.

Demonstration at Jabalpur

Page 2: ˇ - Profile and Organisation of FMRAIfmrai.org/uploads/fmrainews/FMRAINEWS-Jun2010.pdf · field workers staged dharna in front of company’s establishments at Mumbai, Kolkata,

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�������� ���������� June, 2010 �

Forward to 17-18 August general strikeFMRAI called for two days country-wide general strike of the field workers on 17

and 18 August, 2010 in pursuance of their demands to central and stategovernments and to the industry. For forcing this strike, the accusing finger istowards multinational drug firms and their Indian counterparts who are grosslyand openly violating Indian laws and the governments are just onlookers.

Indian parliament enacted Sales Promotion Employees (Conditions of Service)Act in 1976 and amended it in 1987 after long drawn struggles and many sacrificesof the sales promotion employees organized under FMRAI. MNCs and their Indianlackeys are openly and grossly violating this hard-earned law for the sales promotionemployees by simply giving them a glorified designation and then denying them ofcoverage of SPE Act and other labour laws converting them as glorified bondedlabour. These companies are also subverting Indian Constitution and ILOconvention in respect of right to association. Pfizer is in the forefront of thisattack.

Hundreds of inspectors in different states, appointed under SPE Act by stategovernments for enforcement of SPE Act, failed to do their job of inspection andprosecution, in case violation, as provided in SPE Act. These are not just industrialdisputes or unfair labour practice.

FMRAI demanded parliamentary enquiry committee on violation of SPE Act, thelaw passed by them, by drug MNCs and their Indian counterparts. The penalprovision for violator companies in SPE Act is insufficient. FMRAI demandedinsertion of ‘imprisonment’ in it. 17-18 general strike of field workers are in pursuanceof these demands.

The MNCs and their Indian counterparts, in their mad race to grab Indian pharmamarket, are resorting to illegal ‘pay for prescription’ and ‘pay for trade’ and blackmarketing in gross violation of Drugs and Magic Remedies (ObjectionableAdvertisement) Act and Drugs and Cosmetics Act. For these illegal payments, theyare raising extra-money exploiting ailing people by continuously raising drug prices.These companies are resorting to black marketing through hawkers mainly duringmonth end sales closing. For these illegal activities they require groups of bondedlabour who may be sent to jail, if caught in this illegal trading, and the companiesplaying angels shifting the burden of entire responsibility on the poor salespromotion employees. Central and state drug controllers have completely failed tocheck this menace of black marketing of pharma products in which criminals arealso selling their fake medicines through hawkers. In the process, patients, doctors,sales promotion employees and drug traders are becoming victims;

FMRAI is also demanding parliamentary investigation on illegal marketing andtrading by drug companies and effective intervention by central and state drugcontrol authorities. FMRAI, its state units and members are prepared to give hardevidence before the parliamentary investigating committee. 17-18 general strike offield workers are in pursuance of these demands.

The MNCs and their Indian counterparts are wearing a mask of science basedindustry with a human face of healthcare. Behind the mask there is ugly inhumanface that is treating sales promotion employees as their bonded labour. For bondedlabour, the drug companies are imposing their diktat, threatening, abusing,humiliating and torturing the sales promotion employees in day to day work. Toend these, there is need of union protection and establishment of bilateralism forall sections particularly that vulnerable section named differently as ‘sales officers.’17-18 general strike of field workers are in pursuance of these demands.

Professional identity of sales promotion employees and their Constitutional andlegal right to work in congenial atmosphere are fundamental and should berecognized by authorities at different levels. 17-18 general strike of field workersare to assert on these.

Field workers exploitation is closely connected with exploitation of the peopleparticularly in respect of medicine prices and availability of essential drugs. 17-18general strike of field workers are in pursuance of these basic demands of thepeople.

Facing new emergent situation and unprecedented attacks of drug MNCs andtheir Indian counterparts, FMRAI has called upon the field workers for country-wide mobilization of ranks with single determined purpose of converting this strikein hitherto unparallel in the history of field workers movement.

FMRAI called for widest public campaign to expose the misdeeds of drugcompanies who are violating laws of the land and subjugating the field workers tothe position of bonded labour. FMRAI has planned to mobilize support of politicalparties, MPs, central trade unions, industrial federations, organizations of medicalpractitioners and pharma traders, other professionals and well-known personalitiesand other mass organizations in support of the demands and the strike.

Today, drug multinationals are all set to recapture Indian market as market indeveloped countries is shrinking due to economic crisis. They have no other placeto go. If they are doing business here, they have to abide by Indian laws. They shallnot be allowed to impose their own law. Some Indian top executives in thesemultinational companies are posing as ‘more loyal than the king’. They might havesold out heart to their MNC masters. Field workers of the country will not bebonded subject of their believed kingdom. �

CONDOLENCE

Comrade Sunil V.Prabhu

Comrade Sunil V.Prabhu, (49), formergeneral secretary ofMSMRA and formersecretary of FMRAI,passed away on 19May due to massive heart attackat Pune. He left behind his wife,children, father and brother.

As a general secretary ofMSMRA he made significantcontributions in building theorganization and movement. Healso left behind imprint as all Indialeader of FMRAI.

He was a medicalrepresentative of Sandoz and wasa negotiating committee memberof Sandoz Employees Union. Hewas victimized by Sandoz IndiaLimited. While carrying on hisstruggle in field workers’movement, he studied law andbecame a practicing labour lawyer.He was closely associated withworking class and democraticmovement in Pune.

FMRAI mourns the death ofComrade Sunil V. Prabhu andsends heartfelt condolence to hisbereaved family members.

Comrade AdityaKashyap

Comrade Aditya Kashyap (27),a field worker of AristoP h a r m a c e u t i c a l sbased at Vadodara,breathed his lastfollowing cerebral

stroke during field work. He had toundergo surgery but did notrecover. He left behind wife, twochildren and old parents. He wasthe only earning member in hisfamily.

Aristo Pharmaceuticalsmanagement paid hospital billsexcluding the medicine costs.GSMRA is pursuing with themanagement for compensationsince he fell ill on duty.

FMRAI mourns the death ofcomrade Aditya Kashyap andconveys heartfelt condolence tohis bereaved family members.

Comrade Sudip NandiComrade Sudip

Nandi (26), a fieldworker working ofJohnson & Johnsonand a member ofBaharampur unit of WBMSRU metwith a road accident in Novemberlast and succumb to death on 10April. He left behind his parentsand sister.

FMRAI mourns the prematuredeath of Comrade Sudip Nandiand expresses heartfeltcondolence to his bereaved familymembers.

Comrade Ujjal KoleyComrade Ujjal Koley (29), a field

worker working of IPCA and amember of Howrah unit ofWBMSU died on 7 May. He wassuffering from Pancreatitis.

FMRAI mourns the prematuredeath of Comrade Ujjal Koley andexpresses heartfelt condolence tohis bereaved family members.

Charge-sheeted employeecan be defended by the

office bearer of the union

All India convener of IPCA Tapash Kumar Ghoshwas charge-sheeted by the company for his

trade union activities particularly for mobilization instrike. The management is conducting domesticenquiry at Mumbai. Tapash filed case no.108 of2010 under MRTU&PULP Act before Industrial Courtat Mumbai against the company for resorting tounfair labour practice of not allowing him to bedefended in the enquiry by an office bearer ofFMRAI, the union of which he is member.

The Industrial Court in its order of 27 April, 2010observed, “If the first complainant is not permittedto be represented by an office bearer of his union, itwill be resulted in violation of principles of naturaljustice” and accordingly ordered, “The respondents(company) are hereby directed to permit the firstcomplainant (Tapash) to be represented by anyoffice bearer of his union” etc.�

LEAGAL NOTE

Protest against MCIordinance, IMA opposes

Central government issued ordinance on 15 Maydissolving 30 members executive council of

Medical Council of India (MCI), replacing by a sevenmembers nominated Board of Governors, keepingMCI in abeyance and amending MCI Act taking overpower to over-rule MCI decisions.

MCI is an autonomous regulatory body, createdby Indian Medical Council Act, 1956, responsiblefor maintaining standard of medical education.

MCI was facing crisis when its president Ketan Desaiwas arrested by CBI in Rs.2 crores bribery case.Central Government took advantage of the situationand imposed an authoritarian regime. Education is inthe concurrent list of the Constitution of India. MCI hasrepresentatives of the central and state governmentsand of several associations of medical practitionersand medical institutions including IMA. It is big blow tofederalism and democratic norms.

The Indian Medical Association (IMA) has stronglyopposed the decision. In a statement, IMA said, “TheCouncil is an expert body which is created througha parliamentary enactment titled Indian MedicalCouncil Act -1956 which is autonomous incharacter, entrusted with the task of setting,maintaining and monitoring the standards ofmedical education in the country. The governmentshould not think of dissolving the body becauseof the charges of corruption on one person. Itseems to be a decision made in haste.”

Voice of protests is being raised by bodies ofmedical practitioners in different parts of the country.At Kolkata, doctors are on the street to protest.Association of Health Service Doctors, JuniorDoctors Council and IMA of West Bengal broughtout joint rally and held public meeting.�

At Hyderabad gate meeting in front of company’sregional office was addressed by Dr. K. Nageswar,MLC, J. Ranga Reddy, CPI(M) MLA, Secretary ofFMRAI T. K. Rao, and APMSRU leaders MukundKulkarni, I. Raju Bhat and others. At Chennai, gatemeeting was addressed by FMRAI’s President R.Viswanathan and TNMSRA leaders.

Similar dharna and demonstrations were staged atPatna with more than 100 field workers and leaders,at Bangalore, Delhi, Bhubaneswar and Jaipur.Preparing for the strike, Wyeth field workers held zonalconventions at Kolkata, Chennai and Delhi during 1– 10 May. On 23 April, council subcommittee membersstaged protest demonstration in front of Pfizerestablishments in different parts of the country. �

Piramal Healthcare, Solvey and Abbott to organizethemselves into Abbott field workers team, irrespectiveof designation, immediately at every subunit in everytown and city in India and attend a national conventionto be held at Kolkata by 17 July, depending onavailability of an appropriate venue for such largegathering. Exact date will be communicated.�

Wyeth–Pfizer Strike ...From page-1

Abbott’s buyoutFrom page-1

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COUNCIL MOVEMENT

At the intervention of the chiefminister of Goa, labour

commissioner VBN Raikarsubmitted fresh report on 18 Mayfor proper reference of the disputein respect of the charter of demandsfor all sales promotion employeesof Cosme Farma for adjudicationin the industrial tribunal.

On SPE Act violation inappointment of BEs in thecompany, Cuttack district labourofficer (DLO) issued show causenotice to the management on 11May and posted next date on 25May. DLO of Balasore in Orissaalso issued similar show causeon 19 May and posted the next

������������ �� �����date on 8 June. In Jullandhar, theassistant labour commissioner(ALC) gave last opportunity tomanagement to produce allrelevant documents on 8 June.Labour officials of Dehradun inUttarakhand, Bhubaneswar andBerhampur of Orissa issuedsimilar show cause / lastopportunity letters tomanagement. Management isfacing legal prosecution indifferent parts of the country.

Campaign, sales and paymentblockade by councilsubcommittees in subunits indifferent states and absence ofvictimized dedicated field workers

has had telling effect on the salesturnover and payment position ofthe company during last 5 months.For propaganda advantage,paper sale by the management inApril, contributed further in hugeoutstanding and trickling of cashflow. Managers and supervisorsare demoralized lot. TamilnaduCITU state committee adoptedresolution on 6-7 April against theanti-labour action of the companyand sent the same tomanagement.

A delegation of CITU, Goa,FMRAI and GoaMRA will meetthe chief minister of Goa onCosme Farma issues.�

437 field workers of Win Medicare, out of total 507,from Bihar, Jharkhand, Orissa, West Bengal, north

east states, Uttar Pradesh, Uttarakhand, Rajasthan,J&K, Himachal Pradesh, Punjab, Chandigarh,Haryana, Madhya Pradesh, Chattisgarh,Maharashtra, Gujarat, Andhra Pradesh, Tamilnadu,Kerala and Karnataka submitted joint memorandumto the management during company’s cycle meetingsin May demanding negotiation and settlement of their

������������������������������������pending charter of demands; to stop arbitrarydeductions in daily allowances and to refund deductedallowances immediately.

Earlier, all India council meeting of Win Medicare,held on 20 April, adopted resolutions on these issuescalling upon the field workers to prepare for seriousagitation in pursuance of their demands.

The management has called the negotiatingcommittee meeting on 11 and 12 June.�

Despite assurance duringconciliation meeting and

written agreement in grievancecommittee meeting of 5 February,management of Biological E wentback from assurance andagreement to earlier position in

����������������� ���� �����������the negotiation on charter ofdemands, held on 7 May, takingposition of no discussion for allsales promotion employees.

Management has also goneback from written agreement ingrievance committee meeting

and did not implement any singledecision. FMRAI wrote tomanagement demanding earlyimplementation of agreed pointsand early settlement of charter ofdemands for all sections of salespromotion employees.�

Grievance committee meeting between FMRAI’scommittee and Geno Pharmaceuticals

management was held at Goa on 24 May. Themeeting was held in cordial atmosphere. Themeeting was attended CMD D. R. Salgaokar, HRdirector Mrs Pramod Salgaokar, executive directorSagar Salgaokar, vice president (marketing) S. K.Dham, sales managers S. Basu and B. Karmakar;and by all India convener S. Batabyal, joint all Indiaconvener S. S. Rao, zonal conveners ShyamalMukherjee, Manoj Srivastava, D. Biju and S.Bedekar.

It was agreed to revise per kilometer fare fromRs.1.70 to Rs.2.20 with effect from 1 June, 2010.Management agreed to correct incrementanomalies due to their calculation mistake ofservice period; to release salary and expenses intime and to limit company’s meeting time to 8 hours.

It was mutually agreed that field workers would

���������������������������������mention locality / area of work in tour programmesand fill up stock and sales statement in the format,excepting compilation part. Details of joint workwould mutually be decided by concerned fieldworker and the manager.

Transfer of Raghav Rao of Nellore and BinodDesai of Ghaziabad were revoked, but low salesturnover would be reviewed in September. SakilAnsari would fill up all columns of DCRs like othersand ensure regular posting of DCRs. Managementagreed to refund deducted amount.

Issues of request transfers would mutually bediscussed by the concerned field worker with hismanager and on availability of vacancy.

Management expressed concern about sales inthe southern and western states. The committeeassured to look into the details of the same and takemeasurers, wherever needed, with the help FMRAIunits.�

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A 5-members-council-delegation of ICPA met thehead office management at Mumbai on 21 April

in pursuance of FMRAI’s pending charter ofdemands for them. Company’s sales administrationmanager refused to discuss the charter of demands.Earlier, overwhelming majority of ICPA field workerssubmitted joint memoranda during salesconferences for early settlement of charter ofdemands.�

A five members’ delegation of field workers andthe management of Macleods met on 21 May in a

cordial atmosphere. The management agreed to meetthem at a later date to discuss the field related issues.The members were treated as on duty. President of

the company Rajesh Kabu, vice president A. K. Gujraland general manager Rajeev Mishra; and Rahul Misra,D. Chakravorty, Ravi Sharma, Abhoy Rai and JyotishChakanath Madathil on behalf of the field workersparticipated in the meeting.�

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Tripartite meeting on 8 hourswork in Jharkhand

On 6 April, the labour commissioner ofJharkhand issued circular to deputy labour

commissioners in districts to urgently arrangetripartite meeting on 8 hours work timing. Noticesare issued to OPPI and IDMA as employers’organisations and BSSR Union as organizationof the sales promotion employees in the state.�

Demanding reinstatement of29 victimised Wockhardt

field workers in different parts ofthe country, FMRAI units observed‘Wockhardt Demands Day’ on 4May by bringing out rallies andstaging demonstration.

In Andhra Pradesh, APMSRUmembers brought out rallies atVishakhapatnam, Rajahmundry,Kakinada, Guntur, Kurnool,Mahabubnagar, Khammam,Secunderabad, Vijayawada,Tanuku, Bhimabharam, Eluru,Ongole, Nellore and Anantapur;met 31 local distributors and sentmemoranda to the companythrough them. In Orissa, at Cuttack

������������������demonstration was staged in frontof company’s office and rallieswere brought out by other unitssubmitting memorandum to thecompany through the stockists. AtKolkata, about 400 membersstaged demonstration in front ofcompany’s office. Gate meetingwas addressed by M S Som,Arpita Mitra Roy and SumahanChakraborty.

Council subcommitteemembers of BSSR Union stageddemonstration in front of thecompany’s office at C&F placeat Patna. Gate meeting wasaddressed by FMRAI’s secretarySanjay Chatterjee.�

Responding to the joint call ofCITU and other central trade

unions, thousands of fieldworkers joined satyagraha andcourting arrest programme on 5March in different parts of thecountry including hundreds ofBSSRU members at differentplaces of Bihar and Jharkhand;123 members of APMSRU in its12 units, 200 members from 10units of RMSRU; 324 TNMSRAmembers at Chennai and 16other units; OSRU members in 6units; 139 members of UPMSRAat 3 units; 16 members of HPMRAat Mandi; and 18 members ofMPMSRU at Bilaspur.

Responding to the call of Left

Anti-price-rise movement

Field workers courted arrestand joined Bharat bandh

and 8 other secular oppositionparties, field workers in largenumber joined country-widegeneral strike and Bharat bandhon 27 April. Thousands of fieldworkers joined rallies,processions and demonstration,squads, street corner meetings indifferent parts of the countryincluding Gujarat, HimachalPradesh, Punjab, Chandigarh,Uttar Pradesh, Bihar, Jharkhand,Orissa, Assam, Tripura, othernorth east states, West Bengal,Madhya Pradesh, Chattisgarh,Maharashtra, Andhra Pradesh,Karnataka, Kerala and Tamilnadu.50 members were arrested atRanchi in Jharkhand.�

Ranbaxy CGC meetingCentral Grievance Committee

(CGC) meeting of Ranbaxywas held at Gurgaon on 25 and26 April. Director HR, GeneralManager HR, General Manager ofpharma division and twomanagers and all India convener,joint all India convener and fourzonal conveners were present. Themeeting was held in cordialatmosphere and understandingwas reached.

It was agreed to hold negotiationon charter of demands by end ofMay intending to conclude by July10. On implementation procedureof the rules of natural justice, themanagement expressed need ofsome more discussion.

Resolving long pending transferissue of J M Joshi, themanagement asked him to joinduties at Jaipur on 2 May.Regarding territory allotment offormer Stancare MSRs,management assuredregularization by June.

Management agreed to considerMay Day as holiday from next year;and of holding regional grievancecommittee meetings, the dates ofwhich would be decided in the nextCGC meeting.

Due increments, since October2009, were released with Aprilsalaries and bonus arrears wouldbe released soon. Issues of unfairtrade practices would be taken upon specific case basis.

Management madepresentation on need of mobilereporting. FMRAI’s committeeagreed to revert back afterconsulting the organization.

The management alsoexpressed concern about lowsales turnover of the pharmadivision. While the managementindicated about taking correctivemeasures from their side, they alsosought help of the union in thisregard. The committee expressedgeneral help and intervention onspecific areas.�

Rally at Jamshedpur on 27 April

Page 4: ˇ - Profile and Organisation of FMRAIfmrai.org/uploads/fmrainews/FMRAINEWS-Jun2010.pdf · field workers staged dharna in front of company’s establishments at Mumbai, Kolkata,

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Printed by D P Dubey, published by D P Dubey on behalf of Federation of Medical and Sales Representatives’ Associations of India and printed at SatyajugEmployees Co-operative Industrial Society Ltd. 13 Prafulla Sarkar Street, Kolkata-700 072 and published at 60-A, Charu Avenue Kolkata-700 033

EDITOR : D P DUBEY

Registration No. WBENG/2001/6430 Postal Registration No. KOL RMS/106/2010-2012����� � !

45th conference of BSSRUnion at Ranchi adoptedresolution with four points

action programme - mobilizationof all sections of field workers;seeking support of otherorganizations and prominentpersons in public life; publiccampaign; and district and statelevel massive dharna demandingof the governments of Bihar andJharkhand for specialappointment of an additional /deputy / assistant labourcommissioner for SPEs; reviewcommittee on SPE Act; inspectionand prosecution on violation ofthe Act; enforcement of minimumwages; gazette notification on 8hours work; time limitation of salesclosing; drug controller’sintervention in black marketing;legal recognition of union’s I-card;and state amendment of section2(s) of I.D. Act.

The conference was held atTown Hall, Ranchi from 7 to 9 May.600 delegates from 32 unitsattended. The conference whichbegan with flag hoisting by itspresident L.N. Chakroborty andplacing floral tribute to martyrsfollowed by a massive colourfulprocession. In the open session,chairman of reception committeeand CITU’s state generalsecretary D.D.Ramanandanwelcomed the delegates andL.N.Chakraborty delivered hispresidential address. All India vicepresident of CITU BasudevAcharya MP inaugurating theconference explained about anti-people, anti-working class role ofMan Mohan Singh ledgovernment calling upon the fieldworkers for intensive unitedstruggle. He appreciated FMRAIfor its struggles againstmultinationals and anti-peoplepolicies of the central government.J.S. Majumdar also addressed.

Conference was greeted byJharkhand state secretary of IMA

�!!"#����������S T A T E S

Dr. Shekhar Choudhary, memberof national committee of IMA Dr.R.C. Jha, Director of Guru NanakResearch Institute Dr .N. NAgrawal, AITUC’s Jharkhandgeneral secretary P.K. Gangulyand Bihar state president of AIKSBijaykant Thakur.

Joint general secretary ofFMRAI Alok Banerjee addressingthe delegates session, explainedthe updated agenda of action andtasks. General secretary of CITU,Bihar Arun Mishra, DYFI’sJharkhand state presidentSukhnath Lohra and OSRUleader Sanjay Kumar also greetedthe delegates.

54 delegates and 10 councilleaders participated in discussionon general secretary’s andtreasurer’s reports and, based ontheir experience, had drawnattention on certain functionalweaknesses and gavesuggestions. Reports wereunanimously adopted.

Resolutions in support ofFMRAI’s demands and onimplementation of two days strikein August, 2010; on state relateddemands and actionprogrammes; on amendment ofthe constitution to strengthen theorganization; and on central tradeunions strike in early Septemberwere adopted unanimously.

L.N. Chakroborty addressed thedelegates, amidst standingovation, as the outgoing presidentof the union narrating hisexperience and long associationwith BSSRU as an office bearersince 1976.

The conference unanimouslyelected Ratan Chakroborty aspresident, Deepak Bhattacharyaas general secretary, SanjayChatterjee and Debashish Dey asjoint general secretaries, KalyanAchariya as treasurer, four vicepresidents, six secretaries and 27state executive committeemembers.�

35th conference ofMPMSRU was held from 9to 11 May at Comrade Jyoti

Basu Nagar, Indore after hoistingof union’s flag by presidentR.N.Ghosh and placing floraltribute to martyrs. 224 delegatesand 9 observes came from 20units of Madhya Pradesh andChhattisgarh. The conferencemanch was dedicated toComrade Jyotirmay Gupta(Manikda), former workingcommittee member of FMRAIwho was elected in its historicconference at Nagpur in 1976.

Welcoming the delegates, thechairman of reception committee,state president of IMA and arenowned surgeon of the city Dr.Prakash Kothari appreciated therole of MPMSRU and FMRAI forraising medicine related issues inpublic interest and assured toextend all cooperation in theirmovement. The conference wasinaugurated by all India secretaryof CITU Dipankar Mukharjeecalling upon to fight increasingattacks on working class anddemocratic movement. Heappreciated the role of FMRAI inthe working class movement ofthe country.

R.N. Ghose delivered hispresidential address. Opensession was greeted by CITU’sMadhya Pradesh state presidentPramod Pradhan; MP chemistsand druggists association leaderRamesh Bagrecha and CITU’sIndore district leader KailashLimbodiya

General secretary S.K. Talukdar

���!"#����������placed his report highlightingmajor organizational andmovemental events since lastconference in 2007. During thisperiod all round development wasnoted with membership increaseto 3754 in 2009; formation of 13new councils; implementation of8-hours work in 18 out of 20 units;settling victimization issues ofdifferent companies; increasingparticipation of women fieldworkers; closer relation withfraternal unions and increasingparticipation of members in

Elder for illegally withholdingwages and harassment of Raipurunit secretary Hemant Parmar andin support of 2 days all India strikeof FMRAI on 17 - 18 August.

All reports and resolutions wereunanimously adopted. Founderleader of MPMSRU and formervice president of FMRAI M. K.Nandi addressed the conferenceand shared his experiences inbuilding the organization. FMRAI’sgeneral secretary D .P. Dubey, whowas present throughout theconference, summed up theconference and explained variousmovements of FMRAI.

The conference unanimouslyelected S. k. Talukadar aspresident, Shailendra Sharma asgeneral secretary, Anurag Saxenaas treasurer, four vice presidents,

movement. However,weaknesses are noted inmembership of two big cities ofIndore and Gowalior. Salil Shuklaplaced treasurer’s report.

50 delegates participated indiscussion on reports contributingin analyzing, appraising,criticizing and suggesting. Fiveresolutions on demands includingminimum wages, against MadhyaPradesh health minister’s order ofbanning entry of medicalrepresentatives in governmenthospitals and institutions,formation of new units, against

two joint general secretaries, foursecretaries with 38 workingcommittee members and 7permanent invitees. 80 generalcouncil members were alsoelected. President R.N.Ghosh,since the formation of MPMSRU,and vice president S. K. Pali, werefelicitated by the conference withstanding ovation for theircontribution for the field workersmovement. Resolutioncongratulating Indore unit forhoisting the conferencesuccessfully was adopted withovation.�

May Day, 2010 was observed by fieldworkers demanding it as holiday under N.I.Act. In some states, squads and picketing

were organised by subunits of FMRAI against somecompanies who refused to declare May Day asholiday. In state centres and sub units, flags werehoisted, general meetings were held, rallies withCITU and other fraternal trade unions wereorganised. Large number of field workers attendedthese programmes.

FMRAI’s general secretary D. P. Dubey unfurledFMRAI’s flag at the operational office at Kolkata.Large number of WBMSRU members joined theprogramme in a two wheeler rally after attendingprogramme at their state centre. CITU’s vicepresident Md. Amin was the main speaker whocalled upon FMRAI members to fight anti-peoplemeasures of the central government. WBMSRU’spresident and FMRAI’s working committee memberRobin Deb urged upon all field workers to opposethe onslaught of the central government andemployers of pharmaceutical industry. D. P. Dubeyalso addressed the meeting. FMRAI’s vice presidentL. N. Chakraborty presided.

1800 WBMSRU members participated in May Dayprogrammes at the state centre at Kolkata, North 24Parganas, Basirhat, Krishnanagar, Sreerampore,Arambagh, South Howrah, Bally, Burdwan,Durgapur, Asansol, Purulia, Bankura, Bolpur,Rampurhat, Siuri, North Dinajpur, South Dinajpur and

May Day observed accross the country

Jalpaiguri. WBMSRU’s president Robin Deb hoistedflag at the state centre. Leaders of WBMSRU, CITUand other fraternal trade unions addressed meetings.

All sub units of Punjab-Chandigarh unit of FMRAIobserved the day with more than 500 membersattending the same at Chandigarh, Jalandhar,Pathankot, Amritsar, Ludhiana, Bhatinda, Moga,Ferozpur, Patiala and Hosiarpur. CITU and othertrade unions and mass organisation leaders alsoaddressed the meetings.

846 MSMRA members participated in May Dayprogrammes at Nagpur, Aurangabad, Gondia,Chandrapur, Wardha, Yavatmal, Akola, Khangaon,Amravati, Jalgaon, Nashik, Dhule, Nanded, Jalna,Latur, Solapur and Ahmednagar. UPMSRA membersparticipated in such programme at Balia, Orai andVaranasi, OSRU members at Balasore andKSM&SRA members at Bidar.�

Basudev Acharia addressing BSSRU conference

MPMSRU conference in session

Observing May Day at Baroda