BHUJ, NOV 20: The Kandla Port Trust's decision to allot a cargo jetty to an Australian company for setting up a container terminal has run into trouble, with labour unions alleging that the trust has violated the law in allowing the company to have its own labour force.According to the unions, the Dock Workers' Employment Scheme, framed under the Dock Workers' Employment Act which is an act of the Parliament, provides for the employment of port and dock workers only in handling of dry cargo, both on the wharves and aboard ships.The unions have threatened a strike if the KPT goes ahead with the signing of an MoU with P and O Ports Ltd without dropping the `objectionable' provision. The stevedores' association has also jumped into the fray, saying the KPT decision would give the company a monopoly of handling containers and harm their interests.For the past few days, KPT authorities have been racking their brains to find a way out of the mess. KPT Chairman A K Jyoti, who took over only recently, hasbeen holding discussions with senior officers. The port's legal department is examining the matter and KPT's special standing counsel has been summoned from Ahmedabad for consultation.KPT labour trustee Manohar Bellani said they were not against privatisation, but wanted that it should not violate the ``legal provisions protecting labour interests.'' According to Bellani, a Bangkok-based NRI company which was allotted a cargo jetty four years ago had been employing port and dock workers. ``The Australian company should also employ port and dock workers as per the law of the land'', he said.The KPT chairman did not react to the unions' charge, but said no agreement would be signed with the Australian company unless the matter was discussed with the unions. ``They are our workers, part of us; their legitimate interests would be protected under the law of the land'', he said.Jyoti said that the meetings he had been holding weren't only about labour-related issues, but covered all aspects of theallotment of jetty.``After all, we would be binding ourselves for the use of our jetty by the company for 30 years and there are some 300 clauses in the draft MoU'', he explained.The Australian company will set up the container terminal on BOT basis and run it for 30 years, before handing it back to KPT. It was selected after inviting global tenders. A port official said that at the time of inviting tenders, it was made clear that the lesees would have to employ port and dock workers.But the P and O Ports Ltd, during negotiations, insisted that they be allowed to use their own labour force. The tender committee, which was chaired by Deputy Chairman Vipul Mitra, agreed. Later, the KPT Board of Trustees also passed a resolution, accepting the tender of the foreign company, along with this condition, despite protests from two labour trustees. The decision was ratified by the Ministry of Surface Transport.But the unions have maintained their pressure. Recently, when representatives of the Australiancompany visited Kandla for discussing the draft MoU, the unions forced cancellation of the meeting. Following a representation from the unions, S R Kulkarni, national president of the All-India Port and Dock Workers' Federation has taken up the matter with Surface Transport Minister Nitish Kumar.
