On November 15, 2014, a story was carried by a leading newspaper inter alia alleging the “ganging” of the labourers of the Food Corporation of India (FCI) resulting in the departmental labourers receiving an unusual quantum of remuneration, whereas for the same work the contractual labourers earned much less amount. 370 departmental labourers were paid Rs 4.5 lakh a month. The Bombay High Court took suo motu cognisance of this “loot” in the FCI and issued several directions, including reduction in the extravagant incentive schemes prevalent in the FCI, making the labourers job transferable, abolition of depots and abolition of the system of departmental labourers in phases. The High Court order was challenged by the FCI Workers’ Union before the Supreme Court.
On January 9, 2016, a three-judge Bench of the Supreme Court consisting of Chief Justice TS Thakur, Justice AK Sikri and Justice R Banumathi observed, “There is a clique that is operating there and FCI has become a hen that lays golden eggs for them. The FCI is literally held to ransom by the labourers and their unions and there is something seriously wrong with it.” The Rs 1,800-crore wage bill for the labourers of the FCI was uneconomic. It has been found that departmental labourers were earning a monthly salary 8 to 10 times of those working as contractual labourers. The Supreme Court Bench further observed, “They are just loading and unloading sacks of foodgrains. How are they getting paid so much when the contractual labour for the same job gets paid Rs 10,000IJ This means there must be many who must be subletting the work to contractual labourers and drawing salary without doing anything.”
The Supreme Court Bench further stated, “If you do not listen to the recommendations of the high-level committee appointed by you and set FCI right, we will appoint a very high-level committee headed by a judge to do the needful. Grains are wasted in FCI for years because of lack of storage facility. Rampant corruption is ruining the corporation.” The report of the committee had exposed the misutilisation of government funds, inefficiency and reluctance on the part of the authorities to take strong measures against vested interests. The report further said the so-called “labour gangs” has flourished under a system where State funds are used to pay them eyebrow-raising wages, including allowances.
Strong words have come from the Supreme Court to jerk the government out of slumber. The court has been driven to observe, “The FCI is literally held to ransom by the labourers and their unions and there is something seriously wrong with it”. The above quoted words of the apex court may be dominantly oral observations, but they have their own impact. When things boil over and are intolerable, the apex court reprimands, directs or punishes depending on the fact-situation. But the observations of an ordinary citizen would not have any impact. Through the oral observations of the judges of the apex court, Rule of law is meant to prevail. Be you so high, the law is above you.
But when it comes to the ordinary citizen, he is driven to the wall on several issues, his representations before several fora bear no fruit, the government turns a deaf ear to such demands and anguishes. There is an element of apathy and lack of response to the difficulties faced by the general public in so far as the government is concerned. Pushed to the corner, the common man in other countries with longer years of history of democracy has found the “egg” to be a suitably harmless but an effective instrument for expressing their anguish. This seems to be an ingenious device formulated years ago in several countries, as throwing an egg causes no injury to the body of any individual, but at the same time, it demonstrates a sense of acute resentment on the part of the persons who hurled the eggs. Recently, events in several countries, including the UK, have amply demonstrated this. The present writer is a witness to a meeting in Westminster Hall in london in the 1970s on the day of Independence of India. The meeting was being addressed by the then Prime Minister of UK Harold Wilson and Indian leader and a former Minister VK Krishna Menon. While the British Prime Minister was speaking, an egg landed in front of him (on the table) almost brushing past him. He no doubt was taken aback for a while. The British PM paused for a moment and said. “Krishna, a Tory broke his head” : (Tory refers to the member of the Conservative Party whereas Wilson belonged to the labour Party and the expression “egghead” is slang-based and has a derogatory meaning). There was thunderous applause and both Mr Wilson and Mr Krishna Menon continued their erudite speeches without any further hindrances. There was not a much flutter in the media either. A tolerant society permits access to the authorities to the commoner. Access becomes the communication channel so that the leadership is not alienated from the masses, especially in the context of their needs and grievances.
But in poverty-stricken Odisha with its feudally-run administration, the inconsequential eggs have turned into devastating bombs. Policemen have had to suffer for having not prevented such things; large-scale preventive measures have been resorted to; and there is always an attempt to single out some and punish them for these mischievous deeds. The root causes leading to such aberrative phenomena are never studied. Policing was never the sole solution to social maladies and upheavals, which have their reasons hidden in the socio-economic-political structure. What is of concern is that these activities are being carried on mostly by the youth power, which is the majority voting power. The indicator is that they are so frustrated that they have to resort to this unorthodox but least harmful and reasonably effective method which cannot attract any major criminality. The government has to penetrate into the reasons that are motivating people to cause and enjoy such unpleasant scenes. The government instead overreacts, both as against the police and the ordinary citizens. History has its own lessons. If the ears turn deaf, the eyes can read history. It would be dangerous when the eyes are shut out and the authorities are motivated by anger and ego. It is time the situation was put under control and the youth power is canalised towards more productive and constructive activities. But the present aberrations have their socioeconomic and political causes and these should not be neglected, as there would be a tendency for a downward trend which might put things beyond control. We have to knock at the doors of the government and its leadership to take a more realistic, pragmatic, meaningful, empathetic and sensitive view and persuade them to work towards a solution to ensure better tomorrows. This requires a cry, loud enough to reach the ears of the government; and there have to be constructive and collective actions in this regard. Surely, this concerns us all!
(The writer, a Senior Advocate, is a former All India Service officer, a former diplomat, a former editor, a former President of Orissa High Court Bar Association and a former Advocate General of Odisha.jayantdas@hotmail.com)