Assam Human Rights Commission orders cement company to create 20 jobs for PAFs

STAFF REPORTER

GUWAHATI: The Assam Human Rights Commission (AHRC) has directed Calcom Cement India Limited, the manufacturers of Dalmia Cement, to create 20 semi-skilled and unskilled regular posts at their factory/company within six months, which would be equivalent to Grade-IV posts of the Government of Assam, for members of the Project Affected Families (PAFs) of the company's factory at Pipapukhuri village No 2 under the Lanka Revenue Circle of the Hojai district.

The order was passed on July 4 last by AHRC's Chairperson, Justice T Vaiphei, and Member, Deva Kumar Saikia, on the basis of a complaint filed by one Ram Krishna Das, a member of one of the Project Affected Families.

The AHRC observed in its order that in particular, Calcom Cement India Limited had not honoured Clause 6 of the Rehabilitation Package agreed upon by all parties concerned at a meeting held on April 11, 2008 in the presence of the Deputy Commissioner of the then undivided Nagaon district. This clause consists of a commitment that jobs will be provided by the company to deserving and eligible members of the PAFs.

The company's counsel submitted before the AHRC that members of all the PAFs cannot be given employment directly, but arrangements could be made through third parties dealing with them. The cement company's counsel further submitted that there is no job vacancy to accommodate members of the PAFs, asserting that 20 jobs cannot be created overnight as the process will take at least a year.

However, the AHRC observed: "In our opinion, this is an unequal battle between the mighty company and the helpless landowners, or the battle of the mouse and the elephant. These landowners belong to the lower strata of society, who cannot even engage any competent lawyer to fight for them in courts. They have been driven to approach this forum with the faint hope of getting the desired reliefs…In our considered view, this is a fit case for invoking the doctrine of promissory estoppel before a writ court, which jurisdiction the petitioner could not avail of for want of proper legal assistance due to poverty. By taking away their source of livelihoods with the promises to rehabilitate them in terms of the Rehabilitation Package, which the company refused to carry out, the human rights of these PAFs have been violated by the company."

As such, the AHRC issued the order that the company should provide 20 jobs to members of the PAFs within six months.

The AHRC further directed the Deputy Commissioner of Hojai to submit an action-taken report in this regard after the expiry of six months.

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