Wednesday, December 31, 2008

POLITICS IN PRIVATISATION




CONTROVERSY

'Workers have chosen tougher option'

Chattisgarh Chief Minister Ajit Jogi has been campaigning across the State against the National Democratic Alliance government in the wake of the Tehelka expose. He claims that the disclosures vindicate his allegation of corruption in high places in the matter of the Centre's privatisation drive. Extending moral and financial support to the workers of Bharat Aluminium Company (Balco), he has reiterated the demand for a Joint Parliamentary Committee inquiry into the entire privatisation programme. Excerpts from the responses he gave V. Sridhar in reply to a set of questions sent to him on e-mail:

What is the situation with regard to the striking workers in Balco?

A.M. FARUQUI

Obviously the workers have chosen the tougher option in the face of severe odds. It is their resolve to get the sale (of the company) undone and they are united on this. It is a tribute to their sense of responsibility that the agitation continues to be peaceful despite provocations. Please note that workers subscribing to all shades of political opinion - not just the Congress ideology - are united in this struggle. The workers are on a disobedience movement. They are refusing to work for a private investor, who they feel has taken over the plant through a questionable deal. No law can force unwilling workers to work.

But it is equally true that this should not go on like this. The Congress party has created a fund for the welfare of the struggling workers, and the response has been overwhelming. People from all walks of life are contributing to this fund.

Is there any tangible gain, at least as an interim measure, that you expect from the Supreme Court?

The Supreme Court is the highest forum of justice, and I am confident justice shall be done. The court will certainly see through the game plan of those who have brought Balco to the mess that it is in today. The Government of India is in the forefront of the legal battle virtually on behalf of the investor who has been favoured in the deal.

Do you think the workers have the stamina to carry on the struggle if the Centre drags the case through the courts?

I do not think workers anywhere lack the determination. Yet, there are limits to their patience. It is in the interest of all concerned that there is an early settlement to this crisis. Let no one be under the delusion that it is the workers alone who would suffer if the crisis prolongs.

Is your government turning the heat on Sterlite Industries? The State Budget has raised the entry tax on bauxite rather sharply.

I do not believe in "turning on the heat" on anyone. There is no vengeance as far as the State government is concerned. We have increased the entry tax in order to attract mining activity in the State. Why should bauxite for the plant come from Orissa when it is available in Chattisgarh? On the very day the Union government signed the deal with Sterlite, the company signed a deal with the Navin Patnaik Government in Orissa to source bauxite from there.

Has any tribal citizen of Chattisgarh complained to the court about violation of the constitutional provisions aimed to prevent the alienation of tribal land?

I am told that several tribal people whose land was acquired or who are the legal heirs of those who sacrificed their lands - their only resources - for the public purpose of setting up a public sector undertaking or for its mining leases, have intervened in a notice issued by the Sub-Divisional Officer (Revenue) under section 165(6) of the State Land Revenue Code.

What has been the progress on the summons issued by the sub-divisional officer (Korba)?

The notice has been served, and to the best of my knowledge, the respondents have sought time to file their reply.

Is the Congress(I) united on its stand against privatisation? Its government in Rajasthan has chosen to remain silent about disinvestment in the Hindustan Zinc Ltd (HZL), and Hindustan Copper Ltd. (HCL) where government holding is to drop below 50 per cent. Is this not a manifestation of divisions within the party on a major aspect of economic policy?

The Congress reiterated clearly its policy in regard to privatisation at the Bangalore session of the All India Congress Committee (AICC) in March. We are not against disinvestment, but against privatisation of profit-making public sector units. We are against lack of transparency. The sequencing and prioritisation of which public assets need to be privatised are critical. In the Balco case all these criticalities have been overlooked and the nation has been taken for a ride.

There are no differences in the Congress. I am not aware whether issues such as special protection to tribal people are involved in the case of the two companies you have mentioned. Perhaps in those cases there is no alternative but to infuse private capital, I am not too sure. Everything depends on the merits of each case, and there can be no value judgment. This is precisely our stand, that you should not privatise for the sake of privatisation or because it happens to be fashionable to do so. There should be some rationale behind any decision.

Even in the case of Chattisgarh, we have asked the Government of India whether enterprises such as the Bhilai Refractory Project or the Nagpur Cotton Mills of the National Textile Corporation should not have been taken up for disinvestment first in order to infuse much-needed capital and management efficiencies.

Balco is on a different footing altogether. It is a profit-making company with large reserves. It has been grossly undervalued. It is involved in sensitive production that concerns national security. In the face of these facts, the priority given to the sale of Balco and the unholy haste with which the deal was signed, point to corruption in high places.

The Chattisgarh government has made a counter-offer of Rs.552 crores for Balco. Is this viable given the state of its finances?

The offer has been made before the Honourable Supreme Court of India, and has to be taken with all the seriousness that such an offer before the apex court deserves. We could not have made a flimsy offer before the court. There are commercial options available to us. As for those who ask of our financial position, let me tell you that the Central PSUs alone owe the State Electricity Board close to Rs.580 crores.

How has the Sterlite management conducted itself?

The plant has been kept alive by the workers because they are protective of Balco. Unfortu-nately, the same cannot be said of its new 'management'. A systematic attempt is on to sabotage the plant. They would like Balco to go down so that the public assets worth over Rs.5,000 crores can be dispose of. That would be a real kill indeed. How else can one explain the fact that the Cell House (in the smelter) could be kept alive by the workers till the new 'management' took over. They (the new management) are not managers, they are liquidators who have moved in for disposal (of the company's assets), thanks to the Central government.

In the aftermath of the Tehelka affair, is there anything you would like to add about corruption in high places, with specific reference to the privatisation programme?

The Tehelka affair is undoubtedly a divine intervention in the sense that it strengthens the apprehensions of all those who have found the Balco deal to be unclean. In fact, after the Tehelka disclosures, very little is left to be known about at least some of the key beneficiaries of the Balco deal. The privatisation programme needs to be put under the scrutiny of a Joint Parliamentary Committee. We need to go into the compelling reasons that led the NDA government to allow the Disinvestment Commission to die a natural death. Why did they not appoint a new Commission? After Balco, we now know that they were very uncomfortable with the Commi-ssion. Certainly, a Commission is a transparent and independent institutional arrangement, which would have left them with no freedom to manoeuvre, whereas a Ministry could very well contrive and help crony capitalists.






A rose or a ladder? (short story).


An argument over a Valentine’s Day gift leads shubhranshu choudhary to the politics of an aluminium ladder

On the eve of Valentine’s Day, a friend of my son persuades me to take my wife “out for dinner and buy her a nice gift”. I thank her for the idea but do not ask her to hazard a guess on my choice. She is understandably horrified to hear that I had purchased an aluminium ladder to complement my wife’s new bookshelf, and admonishes me, “You could have bought her a rose.”

I argue that an aluminium ladder is a more ethical gift than a corporate rose.


I invite her to take a look at the politics of corporate roses, grown on leased farms in Asia and Africa. Within a few years, the land is ruined by excessive pesticide and fertilizer use—the only way in which roses can be cultivated, in keeping with demands of European and American markets. Corporate agriculturists move on from one poor farmer’s land to another, after spoiling the first one. I suggest that she should examine the issue in the uk, where she lives, while I take a deeper look at ‘the politics of aluminium’ in Chhattisgarh, where I am to travel. We agree to exchange notes.

I am travelling to my home district, where there is significant amount of bauxite mining; aluminium is its end product. Most inhabitants of Surguja district in Chhattisgarh are tribal. The region has large swathes of thick saal jungles, the land below which are rich with coal and bauxite. Lately, the forests have been dominated by Maoist guerrillas. “At least they listen to our grievances,” one tribal tells me.


A tribal lawyer among miners
Ambikapur is the district headquarters of Surguja. Through a common friend there, I meet Indradev Nag who is a lawyer and trade union leader. A tribal lawyer is a rarity in this region. Nag is also associated with the Communist Party of India, a mainstream political party which is opposed to the guerrillas. He is more of a listener than talker, but slowly opens up. “The fight with the guerrillas is only a smokescreen behind which the administration is helping Hindalco run its mines,” he says.

Hindalco, India’s biggest aluminium company in India, is owned by one of foremost business houses in the country: the Birlas. Nag says, “Hindalco signed an mou with the government that they will give permanent jobs to all who lose their land to the mines. But most mine workers, including those who lost their land, are casual labourers. And Hindalco uses police intimidation to stop trade union activity.”

A few days ago, he was accosted on his way back from a trip to the mines. A jeep bearing Hindalco’s name had pulled up, and some policemen alighted from it. Their leader was a young man in plainclothes. He enquired about one Indradev Nag.

“As soon as I responded, he started beating me. Had his deputy not snatched the pistol from him, he might have killed us. Then the deputy warned me not to come back to the area. We have complained but no case has been registered,” Nag said.

Hindalco is a reputed company and this was hard to believe. I decided to visit the company’s mines. Journalist friends told me that the leader of the police team, who had attacked Nag, is a young man called Dheeraj Jaiswal.

“Jaiswal is a local boy who joined the Maoists a few years ago. He has now changed sides. The police have caught key guerillas with Jaiswal’s help. He uses his influence for other purposes too,” they said. No journalist wants to accompany me when I want to meet Jaiswal.

The road to Hindalco is one of the worst I have ever travelled by.I remember the mou had said that Hindalco would take care of the roads that would be damaged by its bauxite-laden trucks.

It’s my lucky day: I am permitted to visit the mines. Jaiswal is ‘on patrol’. I am asked to meet him on my way back.

Work is on at full swing at the Kudag mines. I request the person in charge to allow me to meet a labourer who has lost his land to the mines. The contractor of RK Jain and Co is surprisingly co-operative and introduces me to Seetaram Nagesia. The contractor tells me, “Nagesia was a Hindalco employee before but he works for us now.”

Coincidentally, it is Nagesia’s farm which is being explored for bauxite that day. He points out: “You see that bulldozer digging there? That was my farm.” We are soon surrounded by many labourers, most of whom have lost their land to Hindalco. Laxman Yadav, their leader tells. “I am among the only three supervisors left on Hindalco’s payroll. The rest of the workers have been passed on to the contractor,” he tells me.

How could Hindalco not keep its word? I think of having a quiet chat with Nagesia to find out. Nagesia’s small mud house is a bit away from the mines. He unrolls a mat for me to sit. His five daughters are playing nearby. “Most of our land has been taken away by Hindalco. The Rs 50,000 compensation went in paying moneylenders. We have to buy all our necessities—from rice to lentils to vegetables. Earlier, Hindalco used to give 2 litres of kerosene every month, they have stopped even that,” says Nagesia. “I can’t afford to send my daughters to school.”

I ask him to show me the Hindalco papers. He goes inside and comes back in few minutes with a plastic packet. According to the papers Nagesia is still a “regular fulltime employee” of Hindalco. So were Nag and Yadav lying? I start studying the papers carefully. Nagesia was indeed employed by Hindalco as a “regular unskilled labourer”. His provident fund slip also showed Nagesia was an employee of Hindalco but his ‘department’ had been changed to RK Jain and Co. Until 2000, his department was the Samripat Bauxite Mines. So was R K Jain the name of a Hindalco department? “No,” I am told, “That is the name of the contractor.”

A study of amounts deposited by the company to Nagesia’s provident fund account is also revealing. Hindalco had deposited Rs 302 and Rs 352 during the first two years of his service. But since Nagesia’s department had changed, the company’s contribution has fallen to Rs 187 and Rs 192 in the past two years. Provident fund contributions are in proportion to salary, so Nagesia’s salary had been halved. “How come?” I ask him. Nagesia tries to explain, “When there is no work, we do not get paid. Earlier, we had to break a tonne of bauxite stones to make a day’s wage. Now, we need to break three to four tonnes.”

We return to the mines, where Laxman Yadav chips in with more information. “Of the 60 from Kudag who got jobs after losing their land, 10 have decided to quit.” He tells me, “In Hindalco mines in nearby states, people doing similar work get double the wages we get. But we are paid less because we are not organized. We want to form a union but are afraid of the police.”

Yadav takes me to the site of a Hindalco office half a kilometre away—it was blown up by Maoists two years ago. Debris from the old Hindalco office is still scattered. Burnt trucks lie there. Hindalco officials were spared by the Maoists during the attack. They had since moved their office to Kusmi.

The labourers want to “show me more”. But I have been advised to be back in Ambikapur before dark so I return, via Samri

At the heavily protected Samri Police Station, one can’t miss two vehicles standing side by side, in service of the police force—an anti-land mine vehicle, and a truck emblazoned with Hindalco’s name.

Jaiswal is ‘waiting’ for me. He is very polite and tells me, “Though my age is 22 officially, I am 18 years old and have no official status with the police. But I have been in charge of this police station since January 7, 2006.” He asks me about my trip to the mines and says, “I hate Hindalco. They are looting this area. They don’t give good jobs to locals. All their skilled workers are outsiders. Don’t we have skilled workers here?” I decide not to ask tricky questions.

Back at Ambikapur, I meet Ashok Sharma of the Deshbandhu newspaper. “We have published a report recently saying that Hindalco has grabbed 2.8 hectares from one Munshiram in Kudag without compensating him. Hindalco has also not paid the family members of many who have lost their lives in the mines. It has not given jobs to people who have lost their land to the mines. Our reporters are afraid of travelling in that area. We got this information from a local tribal leader,” Sharma says.

Is it only Hindalco or is the whole aluminium industry exploitative? I am now keen to visit the bauxite mines of another company, Vedanta, located nearby. Vedanta, a uk -based company, is also known by its old names: Balco, and Sterlite. It also has an aluminium smelter nearby, bought from the government some years back.

I start for Manipat where Vedanta has its bauxite mines, next morning. Manipat is a hill station. The villages on the way are picturesque. The people there tell me, “Temperatures are rising here since mining started. If tree felling continues at this rate, this may soon stop being a cool place. We also fear that streams originating in the hills may dry because of blasting in the mines.”

Big hoardings proclaiming ‘Balco, Pride of the Nation’ welcome visitors to the mining area. As soon as we cross the market we come across some tiny mud and stone dwellings, which we are told are homes of Balco mine employees.

The workers are already at the mines. I meet Savitribai, who tells me, “We came from the plains. My husband has been working in the Balco mines for the past 11 years. He earns around Rs 2,500 a month.” The condition of the settlement is similar to the slums of any Indian city. The children playing around have not bathed for days.

In the mines, I meet an agitated Shivkumari of Kudaridih village. She and her husband Mohandas tell me, “Look at these bulldozers. Our land is being dug but we have not been compensated.”

Kudaridih must once have been a large village with big houses. A few standing houses, and old trees, testify to that. “More than 100 people have lost land to Balco, here” explains Laxman Yadav, a mine labourer. “But only 50 got compensation. The rest have been told that their land is not in official records. We have been tilling these lands for generations. Some of us even have deeds but officials don’t accept them.”

Laxman Yadav takes me to see the land where his house once stood. “I got Rs 50,000 as compensation for my two hectares. In 1992, they demolished my house in the middle of a rainstorm and bulldozed my standing crop. The land that supported generations of my family is all gone now. I live in a rented house.”

I try to meet Balco’s press relations officer, Deepak Pachpore, but he is ‘busy’. I also want to know about the case pending in the supreme court, alleging “the illegal capture of 450 ha by a Balco smelter in Korba, and the illegal cutting down of more than 50,000 trees”. Now back in Delhi, where I live, I am waiting for the Hindalco and Balco officials’ response to my findings.

I also visit the Basti Harfool Singh area near the Sadar Police Station — Delhi’s metal market. Traders there tell me, “Hindalco is the best. Their aluminium ingot is very good quality.” One of them, Vinod Loomba, says, “The British left India many years ago but they still control our lives through the London Metal Exchange, which determines the rates of all the metals here.”

The Sadar Bazar traders give me addresses of aluminium extrusion factories in Uttar Pradesh’s Sahibabad area, where aluminium ladders are made. I hear stories of violation of labour rights in these factories.

I also contact Babu P Remesh of the V V Giri National Labour Institute, Lucknow, who has recently conducted a study, ‘Impact of privatisation on labour: a study of Balco disinvestment’. The study concludes, “The quality of life has deteriorated for Balco workers in the past five years. Many voluntary retirements were coerced.”

When Nagesia, a ‘full time permanent employee’ of Hindalco, told me that he couldn’t afford to send his children to school, I did not have the heart to tell him that his employer had recently bought an American/Canadian company, Novelis, for about us $6 billion, making Hindalco the world’s fifth largest aluminium company. I also could not tell him how proud we urban Indians are of the fact that every can of Coca-Cola manufactured worldwide has an Indian (Hindalco) connection, thanks to that famous merger.

But at least now I can write to my son’s friend accepting defeat, and promising to buy a more romantic gift for my wife next Valentine’s Day.

An aluminium ladder is no better than a corporate rose.

This piece was written on a grant from Panos

PRIVATISATION OF BALCO


CONTROVERSY

The Balco struggle

The Chattisgarh government and the striking workers of Balco have effectively stopped Sterlite from taking control of the company.

V. SRIDHAR

MORE than a month after the privatisation of Bharat Aluminium Company (Balco), Sterlite, its new owner, is still unable to establish control decisively over the affairs of the company. The Balco privatisation exercise, welcomed by votaries of disinvestment as the unrolling of the "privatisation juggernaut in India", has effectively been stopped dead on its track by the month-long peaceful struggle by Balco workers at Korba in Chattisgarh State.

KAMAL NARANG
Personnel of the CISF guarding the Korba plant of Bharat Aluminium Company.

The struggle over Balco is far from over. While protagonists of economic reform have called for the "game to proceed" after the sting operation by the Tehelka team, critics aver that l'affaire Balco and tehelka.com's revelations are similar happenings in the same permissive environment that the reforms have created in the last decade.

Although the Union government sold 51 per cent of its stake in Balco to Sterlite for Rs.551.50 crores on March 2, Chief Minister Ajit Jogi's firm support to the striking Balco workers has effectively prevented Sterlite from taking control of the company (Frontline, March 30, 2001). Meanwhile, the Balco sale, entangled in several vital legal issues raised by the Chattisgarh government, is before the Supreme Court. In a significant development on March 12, the State government told the Supreme Court that it was willing to purchase Sterlite's stake in Balco for Rs.552 crores; it followed this up by filing an affidavit in early April. Jogi's contention, both in the court and outside, is that the sale violates important safeguards accorded to tribal people. He has alleged that the sale is an affront to the self-respect of the predominantly tribal State.

On March 12, the Supreme Court vacated its March 7 interim order to the State government asking it to provide water, electricity and food to the employees and to ensure security at the Balco plant so that those who wished to attend work could do so without fear. The court vacated the order on the submission of Kapil Sibal, counsel for the State and Congress(I) Member of Parliament, that the interim order had damaged the new State's reputation. He argued that the order resulted from the Centre's "false averments", based on presumptuous reasoning and contrary to facts. Sibal drew attention to the peaceful situation prevailing in Balco Nagar and the sense of responsibility with which the workers had conducted the agitation. He particularly referred to the pains the workers took to engage in maintenance work, without accepting any wages, even as they continued with their agitation.

The State government alleged that the Disinvestment Ministry sent a fax message to the State's Chief Secretary on March 6, a holiday, at 9 p.m., seeking the government's cooperation in maintaining law and order at Korba.

Outside the court, Congress(I) spokesperson S. Jaipal Reddy alleged that although the Chief Secretary did send a response the following day, Disinvestment Minister Arun Shourie indulged in subterfuge so as to go to the Supreme Court with a grievance where none existed.

The apex court, however, declined to stay the notices dated March 2 and 3 issued by Emil Lakra, the Sub-Divisional Officer (Revenue), Korba, calling upon the Secretary, Department of Disinvestment, to show cause why the lease of the land on which the Korba plant was set up should not be cancelled. Similar notices were also issued to Anil Agarwal, Sterlite chairman, and S.C. Krishnan, Sterlite's managing director.

The notices mentioned that the land occupied by Balco was acquired from tribal people and Dalits in Rishda, Padimar and other villages against Balco's application of July 24, 1971, bearing the number Pers/Estate/ LA/71/c25. The notice pointed out that Balco's application mentioned that the land was required by the government for specific "public purposes". It drew attention to the fact that since the management of Sterlite comprised private and not tribal entities, the land held by the erstwhile public sector undertaking could not be transferred to the new management, in violation of the Madhya Pradesh Land Revenue Code, 1959.

ONE of the main grounds for Jogi's opposition to the Balco deal rests on the premise that the sale violates constitutional safeguards under Schedule V of the Constitution. The provisions prohibit the use of land acquired from tribal people for private gain. The government argues that since Balco's public character has changed with its sale to Sterlite, the acquisition violates multiple legal provisions that guarantee protection to tribal people.

Arun Shourie, in an interview to Businessline newspaper on March 13, claimed that Balco enjoyed immunity from these provisions because the State government had not notified these areas as tribal land. However, a senior government official in Raipur told Frontline that the relevant area, the Kotgara tehsil, had been notified under Schedule V in 1950. He said that Shourie was "blissfully unaware of reality". Sources in Delhi and Raipur said that both the Union Ministry of Mines and Minerals as well as Jardine Fleming, the global adviser to the government on the Balco disinvestment, had in the run-up to the privatisation exercise cautioned the Ministry about the "legal problems" that were likely to arise as a result of the move.

Informed legal sources said that a "secret memo" was in circulation in government circles to amend the Constitution in order to remove the provisions that offer protection to tribal people. Rajeev Dhavan, who is representing the Balco workers in the Supreme Court, told Frontline that Schedule V was governed by a regime of prohibition and permission. He said that in the Balco case, at the time of acquisition of land more than 25 years ago, "no permission was sought or granted to Balco to conduct its activity in land which belonged to the local tribal people." Dhavan said that the government was unwilling to state openly that it was working against the interests of the tribal people. He said that although technically these constitutional safeguards could be removed through amendments, "the government does not have the courage to do so in an open manner".

The reaction of Arun Shourie to Ajit Jogi's offer to buy Sterlite's stake was dismissive. "There is no question of going back on a settled commercial transaction," he said.

Law Minister Arun Jaitley joined in, claiming that the Balco disinvestment had been "most transparent" and that "the government does not react to what is said in frivolity". Jaitley also said that the Centre did not wish to overturn a "settled commercial decision". He alleged that Jogi's actions had harmed the interests of Chattisgarh, particularly the investment climate in the State.

However, the Chief Minister claimed that investor confidence in the State had not been affected, pointing to expressions of interest shown by several Indian and foreign industrial houses, including the Jindals, Daewoo and some Japanese companies. "Everybody knows we are not against private investment, we are only against the shady deal which has put us in a vulnerable position," he said.

The Sterlite management, which tried to maintain a conciliatory posture with respect to the Chattisgarh government, reacted strongly to the State government's offer, describing it as "wild", and rejected any review of its deal.

As the Centre's actions came under media scrutiny following the disclosures, Shourie adopted a more defensive posture. He took pains to point to the technical details in the shareholder agreement with Sterlite under which the company was committed to a three-year lock-in period. Shourie pointed to the "tag-along right clause" in the shareholder agreement, which stipulated that Sterlite would have to sell the shares at a discount of 25 per cent to the government if it wanted to exit within the three-year lock-in period. The Minister also claimed that another "protective clause" stipulated that if the strategic partner wished to exit within the lock-in period, the new purchasing entity would be obliged to buy the remaining 49 per cent held by the Centre. Shourie's comments, effectively aimed at upping the ante, implied that Chattisgarh may have to incur an expense in excess of Rs.1,000 crores, in one bullet payment, if it wanted to take over the company. He quoted the Rs.664 crores fiscal deficit of the State to argue that it did not have the resources to make an investment in Balco.

On March 12, Central Vigilance Commissioner (CVC) N. Vittal added another dimension to the Balco affair when he wrote to Ajit Jogi and the Central Bureau of Investigation (CBI) regarding the allegations of kickbacks in the deal. He based his action on "a complaint that money had been paid to officials in the Disinvestment Ministry". He wrote to Ajit Jogi and CBI Director R.K. Raghavan for their comments. Jogi has alleged a Rs.100-crore payoff, a charge denied by Arun Shourie. Jogi has said that since the CVC's jurisdiction would cover only government servants, and since the alleged payoffs were made to extra-constitutional authorities, a veiled reference to the Prime Minister's Office, no worthwhile gain would be served by a CVC probe.

The Sterlite management suffered a setback on March 26 when the Labour Court at Bilaspur refused to pass any order on its petition seeking to declare the workers' strike illegal. First-class magistrate A.K. Sanothia observed that he would give a ruling on the petition only if the Supreme Court ordered the Labour Court to proceed on the matter. The employees union had argued that since the Supreme Court had ruled that all cases pertaining to the Balco affair in the Chattisgarh and Delhi High Courts be kept pending till the matter was heard in the apex court, the petition in the Labour Court should be treated similarly.

The seven trade unions in Balco remain united in their struggle. Although the Sangh Parivar-related trade union, the Bharatiya Mazdoor Sangh (BMS) has broken ranks with other unions at national level on joint protests against the proposed changes in labour legislation, it does not wish to incur the wrath of the workers at Balco Nagar.

On March 26, the Korba district administration refused permission to Balco to move stocks out of the plant. District Collector K.D.P. Rao prohibited the company from removing Rs.75 crores worth of stocks out. The Jogi administration's move to increase the entry tax on bauxite from 10 per cent of the landed cost to 50 per cent is also likely to impact on Balco's bottomline. (The Sterlite management entered into an agreement with the Orissa government to source bauxite from mines in Orissa on the day the Centre transferred its stake in Balco.) Jogi says that the move to increase the entry tax is aimed to ensure that industries source bauxite from within the State.

V.C. Shukla, former Union Minister and the prime Congress dissident in Chattisgarh, told Frontline that the entry tax should be hiked to 100 per cent. He also said that the government should direct the State Electricity Board to rescind the permission to Balco to generate power from its 270 megawatt captive power plant.

A SENIOR officer in Balco said that the stalemate continued because "Jogi is with the workers and the management is maintaining a low profile". Krishnan has been away in Delhi. The workers are not ready for talks with the new management. According to Brahma Singh, general secretary of the Balco Employees' Union, the workers are determined to participate only in tripartite talks involving both the Union and State governments.

The strike has been remarkably peaceful so far. Despite the month-long strike and the loss of income, the workers have managed to sustain their enthusiasm. Food is served twice a day at the langar near the main plant at Balco Nagar. The Nijikaran Virodhi Samyukt Samiti, a broader anti-privatisation platform in Korba, has managed to collect donations to sustain the workers, particularly the 1,000-odd contract workers. All the Ministers in the State Cabinet have contributed a month's salary.

The Balco workers have the support of coal mines in Korba. The miners of South Eastern Collieries Ltd. have decided to donate a day's wages amounting to Rs.28 lakhs to the striking Balco workers. Similar offers of support have also come from the workers of the National Mineral Development Corporation (NMDC). Workers in the Bhilai Steel Plant, the National Thermal Power Corporation and the Chattisgarh State Electricity Board have all offered financial assistance. On March 23, a seminar on privatisation was held at Balco Nagar. Among others, senior Communist Party of India leader Gurudas Dasgupta participated.

B.L. Netam, an activist of the Centre of Indian Trade Unions (CITU), said: "We are ready for the long haul. This is no longer just a workers' agitation; the people have become involved in it and they are ready to make sacrifices." The workers burnt effigies of the Union government and Anil Agarwal in Balco Nagar on April 1.

Brahma Singh said that only 23 workers are working in the plant, mainly to carry out maintenance work. He said that the unions had ignored advertisements issued by Sterlite seeking their cooperation to arrive at a settlement. "Although the management sent their agents to us to negotiate, we have steadfastly refused to deal with Sterlite...We are confident of success," he said.

A Chattisgarh Mahabandh on March 16, called initially by the trade unions but later backed by Ajit Jogi, was a success. Jogi paid a visit to Balco Nagar to boost the morale of the striking workers. The success of the bandh, despite Jogi's absence (he was away in Bangalore to attend the AICC meet), indicated that the anti-disinvestment agitation had acquired a significant momentum.

The Balco issue has acquired new overtones since the Tehelka expose, particularly in the context of Jogi's allegation that the Balco sale involved corruption in high places. However, the protagonists of economic reform, including leading industrial organisations such as the Federation of Indian Chambers of Commerce and Industry (FICCI) and the Confederation of Indian Industry (CII), have said that the attention on political corruption should not hinder the unrolling of reforms, a notable feature of which is the hastened privatisation of profitable PSUs. However, critics argue that the shadow of corruption is an inevitable part of the very concept of privatisation of public assets.