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60-A Charu Avenue • Kolkata-700 033 • Phone : (033)24242862 • Fax : (033)24244943 • www.fmrai.org • E-mail : fmrainews@gmail.com, fmrainews@indiatimes.com

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●●●●● WORKERS' GENERAL STRIKE ●●●●● PROTEST in SRINAGAR ●●●●● FMRAI’s GCMAbove three events in February, in which the field workers in FMRAI are

participants, have deep impact in working class integration, national integrationand field workers integration.

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1.5 lakh medical and salesrepresentatives are proudparticipants in the 10 croresworkers-employees country-widegeneral strike on 28 February inan unprecedented demonstrationof the trade union unity againstneo-liberal economic, labour andsocial policies of the governmentand for workers-toilers integration.

28 February strike was thebiggest united industrial action ofthe workers in the world. Thegeneral strike was huge successin the banking, telecom, defence,insurance, mining, transport,various public sector units, centraland state government offices anddepartments, medical and salesrepresentatives and others. Themembers of the state units ofFMRAI participated in squads,

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joint rallies, road blockade,demonstrations, courting arrestwith other sections of workers –employees. World Federation ofTrade Unions (WFTU) supported

the demands of the strike. InMelbourne, at Federation Square,workers assembled to expresssolidarity with Indian workers.

Shops and markets remained

closed in various places. In stateslike West Bengal, Kerala, Tripura,Odisha, Jharkhand, Manipur,Rajasthan, Andhra Pradesh andmajority of Karnataka districts ittook the form of general strike ofthe people. In many places inWest Bengal, Jammu and

Strike Day Rally at Kurnool (A.P.)

Deserted Howrah Bridge (Courtesy : Anandabazar Patrika)

Kashmir and Assam, the strikingworkers had to brave brutalattacks by the police and alsolarge scale arrests. Besides policeattacks, the striking workers inWest Bengal had to face severephysical attacks by the ruling partygoons.

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Against notification of a new drugpolicy, without wider discussion even inthe Assembly, by Omar Abdullahgovernment of Jammu & Kashmir,a peaceful dharna was being stagedat Lal Chowk in Srinagar on 9February under joint forum ofmedical representativesassociation, pharma tradersassociation and pharmacistsassociation demanding withdrawalof the anti-people drug policy. About600 medical representatives fromSrinagar, Sopore, Anantnag andBaramula joined this dharna. More

Peaceful protest at Srinagar of the medical representatives,pharma traders and pharmacists on 9 February; people’s hugesupport; brutal police action and FMRAI’s countrywide protest arelinked with people’s rights and national integration.

than 10.000 peoplegathered there insupport. Suddenly,police resorted tobrutal lathi charge andused water cannoninjuring 400 persons,including women andchildren. 24 FMRAImembers werearrested. FMRAI’smember Md. Navi wasseriously injured, wasin coma andhospitalized; and. Md.Yunus was also injuredseriously in head and

hands and was wrongfully detained bypolice.

Massive Protest at Srinagar against drug policy

FMRAI member, Younis being arrested

����������11 – 13 February FMRAI’s General Council meeting at Bhopal

decided a blue print for company-wise and country-wide fieldworkers integration.

●●●●● ‘One Lakh Membership’●●●●● ‘Reversal of Restructuring Policies’Are the two slogans with which FMRAI

will step in its golden jubilee year in 2013.This was the major conclusion of thegeneral council meeting (GCM) of FMRAIat Bhopal held on 11-13 February, 2012.

329 general council members (out oftotal 420 members, elected in 2010conference at Chennai) and 19 invitees,coming from all states and city/town unitsand attending this 2nd GCM of FMRAI,unanimously adopted a resolution on thisand for year-long celebration.

Meeting also adopted resolution formassive participation and success ofworkers country-wide general strike on 28February; condemning brutal police attackon peaceful dharna at Srinagar on 9February; for going in offence modeagainst targeted OSG companies to begin‘reversal of restructuring’; against largescale victimization in CFL; againstdismissal of leading functionaries by AFD,Lupin and other companies; on fieldworkers’ demands to central government’slabour ministry; demanding grievancecommittees in all remaining pharmacompanies as per I.D (Amendment) Act,2010; demanding CBI enquiry againstbribe-giver drug companies for their

unethical marketing and trading; and ondemands relating to medicines for people.

After hoisting of FMRAI’s flag by itspresident R. Viswanathan and payingfloral tributes to the martyrs, inauguralsession of the GCM began at ShahabAkhtar Manch in M. K. Pandhe Nagar withwelcome address by noted poet andSahitya Academy awardee and chairmanof reception committee Rajesh Joshi.Inaugurating the meeting CITU’s generalsecretary Tapan Sen drew attention to theworld-wide movement againstinternational-finance-capital driven neo-liberal policies to establish MNCs’hegemony. He called upon the fieldworkers to expose these designs and fightagainst MNCs. He also called upon thefield workers to make 28 February strikecompletely successful.

Other dignitaries and leaders offraternal organizations, who greeted theGCM, include the patron of the receptioncommittee Dr. H. N. Trivedi, IMA’s statepresident Dr. Gopal Batri and secretary Dr.Atul Gupta, eminent medical practitionerof Kamla Nehru Government Hospital andof TTTI, Bhopal Dr. N. Banerjee, secretary

See page-4

See page-4

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�������� ���������� March 2012 �

TWO FORMATS AND TWO STEPSFORWARD TO GOLDEN JUBILEE

FMRAI’s Bhopal general council meeting this February resolved two steps forwardto golden jubilee year and two formats for celebration.

First, the two formats for celebration. Heralding the beginning of the year-long celebration,general secretary handed over FMRAI’s flag to the leaders of APMSRU for inauguration of flag-jatha from Hyderabad where FMRAI’s foundation conference was held 50 years before. Thisinter-state flag-jatha will move from state to state and covering the entire country will reach atthe Golden Jubilee Conference at Kolkata in 2013. Each state unit will also organize its ownstate’s flag-jatha to move from local unit to local unit bringing the state’s flag in the GoldenJubilee Conference. In the second format, FMRAI and its state units will organize all India,zonal, state and subunit level publications, exhibitions, seminars, conventions, processions,rallies, public meetings, cultural programmes etc by the Golden Jubilee Celebration Committees.

Two steps forward to Golden Jubilee are: one lakh membership and beginning ofreversal of restructuring. For the first step forward to one lakh membership, therehas to be timeframe, organizational initiatives and planning for execution.

Timeframe include – special drive to complete renewal of 71.5 thousand plusmembership in 2011 (as estimated in the organizational commission of Bhopal GCM,exact figure will be recorded in annual returns of state units to be submitted in April,2012 and then deposited to FMRAI with copies of annual return within June, 2012)within 30 June; special drive for new membership from 1 July and to close on 30November; to compute in December and deposit at FMRAI centre.

Organizational initiatives include – monitoring cell at FMRAI’s centre; campaignby FMRAI and state office bearers and all India council leaders; special drive by stateunits and all India councils; and operationalization by subunits and state councils.

Planning include – work in metro cities and bigger towns; in membership-wiseweak state units and weak areas; and for expansion of councils and their platforms atall India, state and subunits.

Now, the other step forward is for reversal of restructuring. Two decades ofunabated drive for restructuring as part of neo-liberal drive have had serious impacton field workers jobs and job security. Resistance slowed down the process. Beginningin zonal protest rallies in 1996; historic Mumbai rally in 1997; formulation and executionof Agenda of Action of 1998 Kollam conference; identification of three burning problemsin Bengaluru GCM in 2002; Shimla GCM declaration on categorical division in 2003;formulation and execution of Road Maps first time in Patna GCM in 2005; raisingdemand on 8 hours work at Allahabad GCM in 2006 and its concretization in Mumbaiconference in 2007; demand of legal notification on 8 hours work at Kochi GCM in2008; categorization of policy-related, council-related and state-related movements inShillong GCM in 2009 were parts of these resistance programmes of FMRAI whichresulted in slowing down the restructuring process of the field workers and despiteattempts by multinational and Indian drug companies together, unionization of themedical and sales representatives could not be eliminated. FMRAI remains a kicking,driving and expanding force of field workers trade union activities; concrete outcomeswere there in central and state tripartite meetings and initiation of inspection andprosecution in different states and penalty awarded against drug companies.

However, the corporates are bound to be more aggressive and desperate as Indiais entering a phase of serious economic crisis and slow down process as it integratesmore with international-finance-capital driven crisis ridden global economy.

Yet, since Road Map, 2010, there is substantial advancement of policy-relatedmovement with demands to Central and some identified State governments as wellas state-related movements. In these movements above and at base below, the drugcorporates are unable to face as they can not unitedly represent the industry due totheir inter-companies competitions. Their weakness will further be exposed in theCentral and Maharashtra State tripartite industrial committees for the sales promotionemployees when these are constituted and their meetings take place. The otherweakness of drug corporates is that they are violators of law and FMRAI and its unitsare demanding enforcement of law. It is through this route that the reversal ofrestructuring will come.

In the area of council-related movement, the drug corporates felt strong and comfortableas it concerned their in-house issues. Though the field workers’ restructuring is an industry-wise phenomenon, the drug corporates dealt this as their own in-house issue. FMRAI’s policy-related movement above and state-related movement at the base below created conditions forbreakthrough in council-related movement particularly in the area of restructuring as FMRAI isconnecting this as a part of industry-wise movement with organizational drive beyond councilsthrough OSG. Bhopal GCM identified three big multinational companies for immediatemovement for reversal of restructuring process by building powerful OSG movement.These companies are Pfizer-Wyeth, Abbott group and AstraZeneca with organizationalefforts in MSD-Organon-Fulford. The three companies are selected on the basis ofexisting substantial forces inside and continuing union’s existence inside withpossibility of rapid expansion of councils / platforms in the background of theircapacity of independent strikes.

However, there are two pre-conditions for advancement of this movement inthree companies for reversal of restructuring in the industry. These are - immediateexpansion of each council / platform and aggressive, continuous united actionsinside including series of strikes by entire force of sales promotion employees bywhatever name they are called and in what ever division they are working. They mustbe adequately mobilized in organization and united action by the OSG network andOSG’s independent movemental pressure from outside. This movement can advancewith another condition i.e. policy-related movement and state-related movement alsoare intensified which are inherently linked with movement for reversal of restructuringinside these companies.

Move to Golden Jubilee Conference with two steps forward and celebrate it with success.

Following FMRAI’s massive all India rallyon 27 December, 2011 in Mumbai and ondemand of FMRAI, for the first time a tripartitemeeting of pharmaceutical industry was heldon 21 February under the chairmanship of thestate labour minister Hassan Mushariff and

attended by labour secretary and otherofficials, representatives of 17 pharmacompanies and their association and leadersof FMRAI.

Representatives of pharma companiesnamely Pfizer, Abbott India, Abbott Healthcare,Aventis, MSD, Merck, Lupin, USV, Alkem,Unichem, Sun Pharma, Indchemie, Themis,Medley, Franco Indian, Svizera and ElderPharma and one from IDMA attended. FMRAIwas represented by its president R.Vishwanathan, general secretary D. P. Dubey,joint general secretary K. B. Kadam, secretaryPartha Rakshit, vice president D. M.Deshpande, working committee member VivekSawant and MSMRA president S. R.Nalawade.

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����� ����Discussion revolved round the

memorandum submitted to the labour ministerby FMRAI along with large number of samplecopies of appointment letters of sales promotionemployees of each company which are not inconformity with Form-A of SPE Act and

demanding (a) prosecution of theemployers for violating theprovisions of the SPE Act,particularly for not giving legallyvalid appointment letter in Form-A which is the identity of the salespromotion employees and,thereby, protection of SPE Act andother labour laws; (b) suspensionof sales promotion activities of thecompanies till compliance of lawsparticularly by giving legally validappointment letter in Form-A; and(c) for constitution of an industrialtripartite committee in centralgovernment pattern.

After submission of respectiveview points of the employers and of the union(FMRAI), and on request of the employers fortime to study FMRAI’s submission; the labourminister adjourned the meeting with advice toFMRAI and company representatives to meet thelabour secretary separately for briefing on mutualpoints, to form a small group by the employersto hold the adjourned meeting shortly.

Accordingly, from FMRAI K. B. Kadan andVivek Sawant met the labour secretary on 23February and explained demands raised byFMRAI with documents such as inspection reportof Pfizer, central government’s advisory to sixstate governments etc. The labour secretaryinformed that his department would seek opinionof the law and judiciary department on thespecific demands on law points raised by FMRAI.

Joint General Secretary Kadam placing FMRAI’s views

CBI raided the Bangalore and Okhlapremises of drug multinational AstraZeneca andbooked the Company and its managing directorAnand Balasundaram along with someunnamed Delhi government officials for Rs.10crs scam in over-pricing its antibioticMeropenem. The Company supplied to theDirectorate of Health Services, Delhi at a ratecontract of Rs.1530 (excluding VAT) per gramvial of Meropenem in 2009. The company gotthe contract by furnishing false affidavit that itwas not supplying the vial to any other publicorganisation at a rate lower than quoted price.However, CBI enquiry revealed that it was“contrary to the fact and by making falsesubmission they grabbed the supply contract”.The Company kept supplying the medicine atan inflated rate even after show cause noticeswere issued for recovery of Rs 7.5 crs by thechief medical officer in-charge of CentralProtection Agency.

The panicked management went in an allout drive to withdraw its products namelyMeropenem Inj (brand name Meronem),Prostodin Inj, Partocin Inj, Xylocaine Inj,Sensorcaine Inj, Bricanyl Inj of all batches

��������� ��!"#$���%#�#� ��!���&produced since 2009 from the market, hospitalsand institutions all over India. In this gigantic jobthey mobilized non-unionized sales promotionemployees named as TBMs and their area andregional managers. The ostensible reason givenwas as if some ‘substandard medicines weresupplied than its in-house high quality standard’.But, the real reason is similar over-pricing ofthese medicines involving hundreds of crores ofrupees. It is reported that the Company sold theseproducts in government hospitals and institutionsin higher prices than they sold these products inwholesale and retail outlets.

MSMRA leaders lodged complaint with thejoint commissioner of Food and DrugAdministration (FDA) of Maharashtra at Nagpur.Immediately, FDA directed the drug inspectorsfor samples. The panicked company sent emailto the joint commissioner of FDA, Nagpur on 29February reading, “I request you to permit thestockists in Nagpur to return the stock to us sothat we can reconcile and destroy in consultationwith drug control department in Bangalore.Regards, Dr. Prem Nath Shenoy, Director,Regulatory Affairs, AstraZeneca Pharma IndiaLimited.”

South African NRI closed the deal ofpurchasing all assets and liabilities of CosmeFarma. The deal was signed between CosmeFarma and Adcock Ingram (South Africa) on25 February, 2012. Adcock has a Rs.300 Crs.holding company Medreich Ltd at Bangaloreengaged in export of medicines. It is reportedthat Medreich will be Adcock’s operationalwing in pharma business in India including theCosme Farma products. The presentmanaging director P. R. Hegde will continue

���'���#"'#���( � )!to remain at the helm of the affairs in the newventure for at least a year.

FMRAI is proposing to submit petition beforethe tribunal about these developments andseeking field workers’ interest protection beforethe deal is operationalized.

The Bhopal GCM of FMRAI decided to goall out to block sale and engage the CFL in legaldisputes in districts throughout the country andCFL field workers going for all India strike on23 March. (See resolution)

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GCM RESOLUTIONSOn Golden Jubilee

Celebrations ofFMRAI

● FMRAI was formed in April 1963 in its firstconference at Hyderabad, as was resolved in aconvention at Nagpur in 1962 at the initiative ofMaharashtra Pharmaceutical EmployeesFederation.● FMRAI has now stepped into its 50th yearovercoming many hurdles and obstacles createdon its path of progress. This advancement waspossible due to the relentless struggles andsacrifices of thousands of leaders and membersof FMRAI. Members sacrificed their jobs, wages,leaves, family comforts etc.● After the formation of CITU in 1970, strugglewas launched against the collaborators who triedto keep the field workers away from generalmovement of the working class. Today, most ofthe state units of FMRAI are affiliated to CITUidentifying with the working class movement ofthe country against the attempt of keeping thefieldworkers isolated from the trade unionmovement and insulated from the socio-economicand political developments of the country.● FMRAI has fought against the line ofcollaboration with the government and the rulingclasses by appreciating and highlighting the hatedEmergency Rule of the country. It is on record thatfieldworkers opposed Emergency Rule, foughtthese collaborationists and defeated them duringthe Emergency period in 1976 firmly establishingthe line of struggle and unity of the working class.● FMRAI fought against drug companies’attempts to form parallel bodies to FMRAI throughformation of field staff associations. FMRAI foughtthis line of disintegration of fieldworkers’ unity byestablishing councils and council movement in1972. Today, the council line is firmly establishedintegrated with general unity under FMRAI, at thesame time developing company-wisefieldworkers’ unity. FMRAI was recognised astrade union for the fieldworkers in manypharmaceutical companies realising the legal,trade union and collective bargaining rights of thefieldworkers.● There was attack from inside also by anattempt of disruption in the Lucknow conferenceof FMRAI in 1994. This attempt was alsocompletely defeated and eliminated by 1996.● FMRAI is one of the rare unions in thecountry who could fight and get a separate law forthem by the Parliament by enactment of SPE Act in1976. Again through struggle, FMRAI could removethe wage limitations in 1987; could extend the lawto 10 other industries in 2011; concluded to formIndustrial Standing Committee by the CentralGovernment for the Sales Promotion Employees.● To meet the challenge of neo-liberalpolicies, reflected in restructuring of marketingwith substantial change in the service and workingconditions of the field workers, FMRAI evolvedits tactics as Agenda of Action in 1998, annualRoad Maps since 2005 slowing the restructuringprocess and now attempting for the reversal ofthe restructuring policies as far as field workersare concerned.

Let us enter the Golden Jubilee year of FMRAIwith slogan of -- ‘ONE LAKH MEMBERSHIP’ and- ‘REVERSAL OF RESTRUCURING POLICIES’.This General Council meeting decides tocelebrate the Golden Jubilee year in befittingmanner –- By year-long programmes of organizingseminars, jathas, rallies;- Moving of FMRAI’s flag throughout the country,in all its state and sub-units, beginning atHyderabad and culminating in the Golden JubileeConference in 2013 at Kolkata.

Against Policy ofRestructuring ofSales Promotion

Employeesby Pharmaceutical

CompaniesThe General Council meeting of FMRAI,being held at Bhopal from 11th to 13th

February 2012 -NOTING that,● The neo-liberal drive of restructuringby pharmaceutical companies, led bymultinationals, created serious impact inmarketing including jobs and workingconditions of Sales PromotionEmployees;● Two decades’ neo-liberal driveresulted in large scale de-fragmentation,casualisation, de-unionisation and denialof legal rights of the Sales PromotionEmployees, which FMRAI noted as 3burning problems of the fieldworkers ofthe entire industry; are particularlypronounced in three multinationalcompanies / group of companies - Pfizer-Wyeth, Abbott group and AstraZeneca -and in other companies includingOrganon-MSD-Fulford;● The opposition and resistance bycompanyies’ fieldworkers inside thecompanies and organised sectorfieldworkers in general resulted in slowingdown the process of restructuring, butcould neither stop it nor reverse as wasestimated long back;● However, the advancement /achievement in Policy-related movementabove and State-related movement belowcreated conditions and confidence ofreversal of this restructuring process ofSales Promotion Employees;AIMING,● To reverse the process ofrestructuring, as of now beginning with 3OSG companies viz. Pfizer, Abbott &Astrazeneca and later, after properorganisational development, in Organon-MSD- Fulford;● Expansion of councils in thesecompanies at the initiative of OSGplatform at every sub-unit; and● United action by the expandedcouncils in each company with the helpof OSG platforms at all levels;DECIDES,● To organise series of synchronisedstrikes in these 3 companies within next 3months beginning on 23rd April 2012; and● Solidarity action by OSG platform atdifferent levels;● Review by respective All IndiaCouncil and All India OSG platform aftercompletion of first phase of the movementto intensify further in next phase till theachievement of the objectives.This General Council meeting calls uponall All India councils, united in OSGplatform, to take up this task as achallenge of the entire industry forreversal of the process of restructuring byfirmly uniting and mobilising all sectionsof the fieldworkers, irrespective of thenames they are called. The profoundimpact of the success in thesemultinational companies will be felt in theentire industry.

Against Dismissals ofLeading Functionaries

This General Council Meeting of FMRAI, being held at Bhopal from11th to 13th February 2012,

CONDEMNS the drug companies for dismissing from jobs the leadingfunctionaries of FMRAI and of its state units in a desperate attempt toundermine the fieldworkers’ movement in general in pursuance of theirrights; and

SPECIFICALLY NOTES the dismissal from service since the lastGeneral Council Meeting, held at Kota in February 2011 of -● Bijon Das, Secretary of FMRAI, All India Convenor of AFD Counciland General Secretary of CRU, FMRAI’s affiliated unit of 7 north-easternstates, by Anglo French Drugs & Industries Ltd. Bangalore;● L.M. Peshwa, President of KSM&SRA, Karnataka unit of FMRAI,Working Committee Member of FMRAI and Joint Zonal Convenor ofLupin Council by Lupin Laboratories, Mumbai; and● Several others by different companies; and

DEMANDS of these companies to reinstate the dismissed employeesimmediately in service;

ALSO NOTES that despite several representations to concerned StateGovernments on violation of law by these companies, the respective StateGovernment in taking timely action to resolve the issues through tripartitemeeting / referring the disputes to tribunals for adjudication.

In pursuance of these demands, all members of CRU and KSM&SRAwill resort to strike in respective state on 5th March, 2012 and the fieldworkersof the country will observe ‘Protest Day” by bringing out rallies and stagingdemonstrations before district magistrates / collectors, submittingmemorandum through them to the chief ministers of Assam and Karnataka.

Against Anti-Labour Policiesof Cosme Farma

The General Council meeting of FMRAI, held at Bhopal from 11th to13th February 2012,

CONDEMNS CFL management for large scale victimisations ofleading functionaries including office-bearers of FMRAI and of All IndiaCFL Council in their attempt to impose illegal categories as BusinessExecutives (BEs) and denial of their legal, collective, bargaining andtrade union rights.

The General Council greets the CFL fieldworkers for their prolongedand determined struggle in defence of trade union rights of thefieldworkers in general of the entire industry and for their sacrificesfacing all hurdles and hardship. This contribution of CFL fieldworkersfor the cause of the trade union movement is an important chapter inthe history of fieldworkers’ movement under FMRAI’s banner.

It is in this background, this General Council meeting calls upon allits members and fieldworkers of the country in general to rise to theoccasion and take up directly the challenge of CFL management todefend the basic trade union rights of the fieldworkers in general andthe rights of the CFL fieldworkers in particular by intensification ofstruggles including:By OSG platform -● To resort to massive campaign for sales blockade of the Company’sproducts in every city and town in the country from 10th March 2012;● To engage the Company legally at all district headquarters in respectof violation of SPE Act, other labour laws and offences under drug lawsand other criminal laws; andBy CFL fieldworkers -● To continue their struggle inside the Company by resorting to strikeon 23rd March 2012; andBy General Unity -● To resort to solidarity actions in support of the striking CFLfieldworkers on 23rd March.

On Demanding GrievanceCommittee Fora

As per Amendment of I.D. ACTAs per the Industrial Disputes (Amendment) Act, 2010, it is

mandatory for all the pharmaceutical establishments to constituteGrievance Redressal Machinery for resolving the grievances of allsections of workers including Sales Promotion Employees.

There are Grievance Committees of FMRAI in some companies,where periodical meetings are taking place. However, large number ofcompanies are yet to constitute such grievance redressal forums forthe sales promotion employees.

This General Council meeting of FMRAI, held at Bhopal from 11th to13th February 2012, demands of the remaining pharmaceuticals companiesto immediately constitute the Grievance Redressal Forums for the SalesPromotion Employees in their respective company as per the provisionincorporated in the Industrial Disputes (Amendment) Act, 2010.

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GCM RESOLUTIONSOn Brutal Attack on Medical

Representatives, PharmaTraders and Others in

Srinagar (J&K)This General Council Meeting of FMRAI, being held at Bhopal

from 11th to 13th February 2012, condemns the brutal lathi chargeand use of water cannon by the police in Srinagar on 9th February2012 on the peaceful dharna of 10,000 people, led by the jointforum of Kashmir Medical Representatives Association,pharmaceutical traders and other professionals, while they wereprotesting the anti-people drug policy suddenly passed by thecabinet and notified by the Omar Abdulla government of Jammu& Kashmir. The Jammu & Kashmir health service doctors joinedthe agitation later.

In this attack, about 400 persons, including women and childrenwere injured. 24 FMRAI members were also arrested. FMRAImember Md. Navi of Deys Medical is seriously injured and is stillin coma and Md. Yunus of Medley was injured seriously in headand hands. Police filed FIRs against Md. Yunus on false chargeunder Sec. 307 of IPC. This planned police attack took place atthe instance of the health minister.

The Jammu & Kashmir State Government has enacted a newdrug policy without consulting any experts or professionals. Theprovisions of the bill have been framed at the behest of the State’sHealth Minister for his narrow personal gains without keeping thepeople’s interests in mind. Further, the jobs of thousands ofMedical and Sales Representatives in Jammu & Kashmir are alsoseriously being threatened by this action of the Government.

This General Council demands the Chief Minister of Jammu &Kashmir Government to -● Introduce a new drug policy after wide consultation withexperts and professionals including JKMRA; and● Take action on the police authorities who are responsible forthis unprovoked attack.The General Council calls upon all State and Sub-units to -● Observe March 1 as ‘Protest Day’ by conductingdemonstrations before district magistrates / collectors in all statesin India and submission of memorandum;● Send protest letters to the Chief Minister of Jammu & Kashmirand the Prime Minister of India; and● Extend all support to the movements of JKMRA in this regard.

● Unfair trading and marketing by drug companies are leadingto destabilizing the job conditions and job security of the salespromotion employees and are the main reasons of attack on fieldworkers’ unionization efforts.● Unfair trading on cash / discount / false billing / selling throughhawkers etc has created a black market of medicines in whichfake drug maker are pushing their products.● The drug companies are bribing the medical practitioners withhuge cash-for-prescription, organising foreign and domesticentertainment trips, sponsorship of personal family entertainments,organising drinks-dance-dinner parties in the name of CMEs.● While the MCI code and Government’s proposals are targetingthe medical practitioners, they are silent on the bribe-giving drugcompanies.● These unfair marketing practices are also undermining theprofession of the Medical Representatives and their job security.In this background, the General Council Meeting of FMRAI, beingheld at Bhopal from 11th to 13th February 2012,

DEMANDS of the Government of India and the StateGovernments –- To take effective steps to stop these unethical practices bythe drug companies and to punish the bribe-giving drug companiesfor their unethical marketing and trading;- Since it concerns the life and health of the people of thecountry, this meeting demands CBI enquiry against the bribe-givingdrug companies and their prosecution in the CBI courts.

This General Council Meeting calls upon the fieldworkers ofthe country to seek support of the medical practitioners, pharmatraders, other employees in health sector, trade unions, other massorganisations and professionals in their public campaign againstthe unfair marketing by drug companies.

On Unethical Marketing andTrading by Drug Companies

This General Councilmeeting of FMRAI, being heldat Bhopal from 11th to 13th

February 2012DEMANDS of the Labour

Ministry of the Government ofIndia to -

- Constitute immediately theIndustrial Standing Committee,including FMRAI, for the SalesPromotion Employees, as wasconcluded in the NationalTripartite Committee Meetingon 23rd November 2010;- Hold the meeting of theStanding Committee at theearliest to consider thedemands and the issues of the

On FMRAI’s demands to CentralGovernment’s Labour Ministry

Sales Promotion Employees ofthe country;- Amend Sales PromotionEmployees (Conditions ofService) Act, 1976 -● In Section 9 to incorporate‘Imprisonment’ as punishment forviolation of provisions the Act;and● To incorporate StatutoryWorking Rules for the SalesPromotion Employees;- Extension of maternity leaveand benefits for women salespromotion employees similar tothose of Central Government andother employees;- Immediately and exclusively

enforce Section 2(j) (ii) (b) ofIndustrial Disputes Act, 1947.In pursuance of thesedemands, this General Councilmeeting of FMRAI, being heldat Bhopal from 11th to 13th

February 2012 –DECIDES -- To observe “Demands Day”on 5th March, 2012 by stagingdemonstrations before thedistrict labour authorities in alldistricts and submission ofmemorandum to Union LabourMinistry through them; and- To meet the State LabourMinisters by delegation ofrespective State units.

This General Council ofFMRAI, being held at Bhopalfrom 11th to 13th February2012,DEMANDS of the Governmentof India –- To prevent takeover of Indianpharmaceutical companies bydrug multinationals;- Revive public sector drugunits, including vaccineproducing plants;- Ensure availability of all

On Medicine-related Demands of the PeopleEssential Drugs throughcompulsory manufacturing andthrough PSUs; and- Cap on all drug prices;minimum MRP on all essentialdrugs; no excise duty onessential drugs; minimum exciseduties on other medicines andby revert to cost-basedcomputation; and to stoplegitimizing of the present marketbased pricing system.

This General Council of

FMRAI, being held at Bhopalfrom 11th to 13th February, 2012calls upon the fieldworkers ofthe country –- To conduct extensivecampaign on these demandsamong field workers, otherorganizations and public;- To take joint initiative at allIndia, state and local levelswith doctors, chemists, fraternaltrade unions and other massorganizations.

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of Private MedicalPractitioners Association Dr.Sekhar Srivastava, chemists &druggist association’s presidentLalit Jain, CITU’s state generalsecretary Pramod Pradhan,AITUC leader Rup SinghChauhan, Central ZoneInsurance EmployeesAssociation’s president S. K.Ghosh, state president of CentralGovernment Employees Co-ordination Committee YashowantPurohit, state convener of AllIndia Lawyers Union SharadShukla; coordinator of BhopalGas Victim Struggle Co-ordination Committee SadhnaPradhan, SFI leader Manju andRamprakash Tripathy ofProgressive Writers Association.

From page 1

President of FMRAI R.Viswanathan delivered hispresidential speech in theinaugural session.

In the business session,general secretary D. P. Dubeyplaced general secretary’sreport, treasurer Alok Ganguliplaced treasurer’s report withstatement of accounts and jointgeneral secretary A. K. Banerjeeplaced task document as RoadMap 2012. The GCM membersdiscussed these documents innine groups of five commissions- on council-related movement,on policy-related movement, onstate-related movement, onorganisation and on FMRAINews.

38 general council membersfrom states units, one memberfrom Women Co-ordinationCommittee and 3 members from

all India council subcommitteeparticipated in the discussion inthe plenary session. Nine groupleaders also placed reports andrecommendations ofcommissions. After replies, thereports and Road Map, 2012were adopted unanimously.

All India councils ofKhandelwal, Ranbaxy andAstraZeneca contributed Rs.2.75lakhs out of settlement benefitstowards FMRAI’s struggle fund.

General secretary D. P.Dubey handed over FMRAI’s flagto the leaders of APMSRU,heralding the golden jubilee yearcelebration from Hyderabadwhere FMRAI’s foundationconference was held 50 yearsbefore, to be brought in thegolden jubilee conference atKolkata 2013 after flag-jathasmoving across the country.

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Doctors’ Association of Kashmir extendedtheir full support next day in the pressconference addressed by its president Dr.Nisar Hussan. Yusuf Tariganmi, MLA, CPI(M)raised the issue on 25 February in the J&KAssembly. In his Assembly speech inter aliahe pointed out about the threat to job securityof thousands of sales promotion employeesin the state as a consequence to this drugpolicy.

FMRAI’ general council meetingunanimously adopted resolution condemningthis police action and to observe all Indiaprotest day on 1 March. The resolution wassent to the chief minister of Jammu &Kashmir. (Resolution inside)

From page 1

MADHYA PRADESH - CHHATTISGARH

Union contributed, Managementrefused to help family of

departed member

STATE NEWS

MPMSRU’s Rewa unit collected Rs.1.6 lakh todonate to the family of late comrade Anurag Gautamwho died on duty in a road accident on 29 December,2011 while returning from Satna to Rewa after salesclosing of the company. However, his employerOrchid Pharmaceuticals refused to pay anycompensation. MPMSRU has been pursuingvigorously for compensation.

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Pharma traders under AIOCD(North East Chapter) suspendedbusiness with Anglo French Drugsand Industries Ltd (AFD) from 6February as the cash-starvedcompany demanded advancepayment from the distributors.Immediately the company startedmass transfer of all 10 medicalrepresentatives of entire northeast region from 7 Februaryonward on the false plea ofclosure without actually closingand surrendering drug license ofits Guwahati establishment. Thecompany is also facing complaintof SPE Act violation, criminalprosecution and industrial disputeat Guwahati; legitimate agitationby CRU members againstdismissal from service of itsgeneral secretary and FMRAI’ssecretary Bijan Das. These masstransfers came at a time whenmanagement was holding

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COUNCIL NEWS

informal discussion with someleading AFD functionaries and, onmanagement’s request, CRUsuspended agitation in N.E.Region.

Protesting against thesevictimizations by mass transfersof field workers of NE Region,AFD field workers resorted tocountry-wide lightening strike on20 / 21 February. Strike was 70% successful. Strike wascomplete in North East Region,West Bengal, Bihar, Jharkhand,Orissa, Rajasthan, Punjab-Chandigarh, Haryana, HimachalPradesh, Jammu & Kashmir,Madhya Pradesh, Chhattisgarh,Maharashtra, Andhra Pradesh,Tamilnadu, Kerala andKarnataka. FMRAI’s state unitsorganized dharna anddemonstration in front ofCompany offices at Guwahati,Kolkata, Patna, Ranchi,

Hyderabad and Jaipur. (It washoliday for field workers in U.P.and Uttarakhand.)

All 10 AFD field workers ofnorth east, working underGuwahati establishment, are onindefinite strike beginning on allIndia strike day on 20 February.The secretariat of CRU adopteda resolution in its meeting on 22February deciding 3 days’ dharnabefore company’s establishmentat Guwahati and taking up theissue with the Government ofAssam for their interventionagainst illegal closure and masstransfers.

The general council meetingof FMRAI adopted resolutionagainst dismissal of Bijan Das byAFD, general strike of fieldworkers in NE region andsolidarity day throughout thecountry on 5 March. (SeeResolution).

FMRAI’s GCM at Bhopalcalled upon the field workers ofKarnataka to resort to strike on 5March against dismissal of theirstate president L. M. Peshwa byLupin Ltd and decided all Indiasolidarity action by the field

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workers throughout the country.Government of Karnataka

on 18 February referred thedispute concerning Peshwa’sunilateral promotion by themanagement as executive notin conformity with SPE Act and

consequent placement in headoff ice at Mumbai. In themeantime, Peshwa wasdismissed from service by Lupinfor not abiding by the wrongfulorder of this promotion andplacement.

During conciliation proceeding on 23 February at Kolkata, atripartite settlement was signed under section 12(3) of I D Act betweenmanagement of Torrent Pharmaceuticals and FMRAI in presence ofthe assistant labour commissioner Bidisha Bhattacharya. On behalfof management Salil Menon, AGM, Rajesh Kumar, A.M. and VinodKumar Gopinath, executive and on behalf of FMRAI its generalcouncil members Sasanka Mouli Roy and Tapas Bose signed. Bythis settlement Torrent management will pay back 5 days deductedsalaries of all India convener Nisith Chatterjee and FMRAI’s workingcommittee member and zonal convener Arpita Mitra Roy along withtheir February 2012 salaries.

5 days salaries were deducted from Nishith’s and Arpita’s March2009 salaries. Both of them applied for earned leave for attendingFMRAI’s general council meeting at Shillong which managementdid not sanction. Both of them then attended the meeting at Shillongby taking casual leave. For this the management deducted 5 dayssalaries of each. FMRAI had raised dispute on 1 July, 2009.

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CONDOLENCEComrade T.K. Bagchi

Comrade Tarun Kumar Bagch (56) former grievancecommittee and negotiating committee member ofFMRAI in German Remedies Ltd (GRL) and a memberof Jodhpur unit of RMSRU breathed his last on 22February in a hospital following cardiac arrest. He wassuffering from chronic ailments. He left behind his

mother, wife and a son. Comrade Bagchi had been working workin GRL for 33 years and was one of the founding members ofRMSRU’s Jodhpur unit, was its treasurer for 15 years. He wasalso a general council member of FMRAI for 15 years and took leadingrole in building RMSRU. FMRAI mourns the demise of Comrade TarunKumar Bagchi and has sent a condolence to his wife.

Comrade Sushil Kumar MisraComrade Sushil Kumar Misra was a medical

representative of IPCA at Etawah (UP) and was amember of UPMSRA.’s Etawah unit. Comrade Sushilat his very young age of just 24 died on duty on thespot in a road accident at Etawah on 16 February, 2012.Members of UPMSRA’s Etawah attended to his lastrites. The UPMSRA’s unit also raised demand to the

company and the district magistrate for compensation to the family.FMRAI dips its flag in memory of Comrade Sushil Kumar Misraand conveys heartfelt condolence to the bereaved family.

STATE NEWS

First annual conference of the Jammu unit ofJammu & Kashmir Medical and SalesRepresentatives Association (JKMSRA) started atTrikuta Palace, Jammu on 1 February with the flaghoisting by the president Paramdeep Singh andfloral tributes to martyrs. Inaugurating the conferencestate president of CITU Yushuf Tarigami, MLA calledupon the field workers to fight against the neo-liberalpolicies of the central government and anti-labourpolicies of the state government and called uponthe filed workers to make the 28 February strikecompletely successful. FMRAI’s secretary of thezone R. P. Singh also addressed.

The reports, placed by secretary Arun Basotraand treasurer Pankaj Mahajan, were adoptedunanimously after discussion. The conferenceelected 19 members executive committee withParamdeep Singh as president; Ravi Sharma,Ichpal Singh Bali and Pankaj Mahajan as vicepresidents; Arun Basotra as secretary; SanjeevGupta and Surinder Singh as jopint secretaries;Shishank Bhatt as office secretary; Hardeep Singhas treasurer and Dheeraj Singh, Vikram Sharma,Amit Verma, Gaurav Bakshi, Amit Abrol, AshutoshJandiyal, Anil Kumar Shah, Ajay Pal Singh, PradeepSingh and Vinod Kumar as committee members.(Photo, see page 6)

ANDHRA PRADESH‘Sales Promotion’ in Schedule

of Minimum Wages ActGovernment of Andhra Pradesh issued

preliminary notification on 17 January for gazettepublication to add ‘Sales Promotion’ as itemno.72 in the Schedule of Minimum of Wages Act.

Responding to call of 1 lakh membership ofFMRAI, the Daltonganj unit conference of BSSRUnion on 5 February resolved to raise membershipof the unit to 200 in the current year. 78 members ofthe units participated. 6 members from the newlyformed Garhwa subunit also attended theconference. A rally was brought out covering mainareas of Daltonganj town.

After flag hoisting by the unit president, floraltributes to the martyrs and condolence resolution,the conference began with reports by unit secretaryand treasurer. 11 members took par t in thediscussion. Reports were unanimously adopted bythe conference. BSSR union’s secretary AnirbanBose and state committee member Subrata Biswasaddressed the participants and guided theconference. The conference unanimously electeda new committee with 5 office bearers and 10committee members. (Photo, see page 6)

WEST BENGALShow Cause to 6 Companies

in West BengalOn the complaints by WBMSRU on violation of

the provisions of SPE Act, labour commissioner ofthe government of West Bengal issued show causeto six companies on 9 December, 2011. In a note toWBMSRU, the labour commissioner wrote, “theinspection procedure was completed of theundernoted companies and Show-Cause Noticealso issued as per norms. Proceedings are gongon.” Six companies are Abbott India Limited, SolvayPharma presently merged with Abbott IndiaLimited, Alembic Pharmaceuticals Limited, Dr.Reddy’s Laboratories Limited, AstraZenecaPharma (India) Limited, Torrent PharmaceuticalsLimited and Pfizer Limited.

BIHAR - JHARKHAND

First Annual Conference at Jammu Conference at DaltoganjJAMMU & KASHMIR

Central Industrial Standing Committeefor Sales Promotion Employees

The Union Labour Ministry finally decided to constituteindustrial standing committee for the sales promotionemployees with FMRAI as one of its constituent and keepingtwo places vacant for the employers of 10 newly notifiedindustries. This was communicated to FMRAI’s leaders H. Syaland Amitava Guha on 23 February when they met uniongovernment’s officials - deputy secretary Babu Cherian andPattnaik of the department of labour. FMRAI’s delegationsubmitted a note on the list of 40 industries and annual returnsof FMRAI and its state units as was requested by the ministry.

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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������ � !�

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Youshuf Tarigami inaugurating the conference at Jammu A section of the conference at Jammu Rally at Daltonganj

See News, Page 5

CITU General Secretary Tapan Sen, MP inaugurating GCM

General Council in session

Flag hoisting by the president

Contribution toFMRAI’s struggle

fund by

AstraZeneca

Khandelwal

Ranbaxy

Handing overFMRAI’s flag to

APMSRU

Addressing andplacing reports by

General secretary

TreasurerJoint general secretary

President

RajeshJoshi

Dr. H NTrivedi

Dr. NBanerjee

Dr. SekharSrivastava

J SMajumdar

LalitJain

Manju RamprakashTripathi

S KGhosh

SadhnaPradhan

Dr. GopalBatri

Rup singhChouhan