IMPPA PRESIDENT SLAMS FWICE FOR ITS FALSE CLAIM OF BEING THE ONLY FILM WORKERS BODY IN WESTERN INDIA

Jyothi Venkatesh

In a communication addressed to the President, Hon Gen Secretary and Treasurer of Federation of Western India Cine Employees , T P Aggarwal ,President, IMPPA has stated  that IMPPA is really surprised that you have been falsely repeatedly representing to all concerned including the Central and State Government that you are the only federation which is controlling all the workers, technicians and artistes associations in Western India.

T.P. Aggarwal adds, “You also claim about having member to member understanding with all the producer associations as a result of which you refuse to allow producers to work with non members of your affiliates by even stating that your members will walk out of the sets and will not cooperate with any producer employing non members. This is done by you on the basis of the claim that FWICE  represents five lakh workers whereas in actual fact the number of cine workers of your affiliates is actually less than 50,000 as confirmed by enclosed video recording of your treasurer  Gangeshwarlal Shrivastava who has clearly stated in the same that total active members of Allied Mazdoor union which is your largest affiliate having all light men, setting staff, spot and production boys, art department all workers and majority workers of all production crew is only 12,000 and hence total number of all your affiliates cannot be more than 50,000.

“We have on 19-5-2020 requested you to kindly inform the exact number of members of your affiliates to whom we have also directly sent similar letter on 29-5-2020 but except for few who have informed about couple of 100 members no one has replied including yourself proving that the membership numbers quoted by you are inflated by 10 times to misguide and misinform all concerned Government and other authorities about your nonexistent strength of huge members being controlled by you.You are also aware that yours is not the only association in the Entertainment Industry and there are many more like Shiv Sena Chitrapat Shakha,Film Craft Federation,Marathi Chitrapat Mahamandal and other unions formed by BJP,Congress,MNS and others and hence under no stretch of imagination you can claim to be sole representative of all workers which you have been doing so far to mislead everyone.

“Moreover your stand of mandatory member to member working and vigilance/ imposition of penalty is totally illegal and against the law of the land as confirmed by the most recent order dated 26-5-20 of the Competition Commission of India in which they have reiterated their order dated 31-10-17 in which it is clearly provided that imposition by you of member to member working and vigilance teams to ensure the same as well as levying of penalties on producers not adhering to your wishes was in violation of the Competition Act and hence you and all your affiliates had been clearly and categorically informed that imposition of any of the above was blatantly illegal and you should refrain from doing so which order is already in public domain despite your trying to cover it up.“IMPPA on its part at every occasion of violation of the order had been reminding and advising you in writing not to violate the law as decision of CCI has the same status as High Court and can only be challenged in the Supreme Court.However you arrogantly ignoring the CCI decision continued issuing directives to producers and your own affiliates insisting on following of member to member working understanding as well as levying of penalty in case of violation of this understanding against which one producer M/s. Contiloe Pictures Pvt. Ltd. approached CCI and in whose case you had  issued letters of boycott dated 29-3-18/26-11-18 to your affiliates.

You had also issued threatening letter dated 30-11-18 to M/s. Contiloe Pictures Pvt. Ltd. which letters you were ordered by CCI during hearing on 12-3-2020 to withdraw and circulate information amongst all your affiliates as well as producers that you had no right of whatsoever nature to insist on member to member working or vigilance of any kind as well as levying of penalty. You had submitted a CCI copy of the letter dated 20-3-20 withdrawing the letter dated 30-11-18 issued to M/s. Contiloe Pictures Pvt. Ltd. but have not withdrawn your letters addressed to your affiliates nor filed an affidavit along with status compliance reports as directed by the CCI which had specifically directed you to issue communication to your affiliates as well as all producers/associations withdrawing your letters claiming sole member to member working rights as also not sending any vigilance team or levying penalty to ensure compliance which affidavit you have not issued neither have you even informed IMPPA nor any other producers body or even your affiliates that member to member working is not in existence as it is against the law of the land and even today, you are insisting on implementing the same by insisting on producers employing only the members of your affiliates failing which your other affiliates members will not cooperate with such producer.“

Your latest demand made in the media to appoint inspector to ensure compliance of the SOP declared by the government is nothing but  another form of imposing your vigilance committee so that you can force producers to work only with the members of your affiliates whereas you have no power or authority to do so by virtue of the earlier CCI order which has been once again ratified and confirmed by the new CCI order dated 26-5-20 copy of which is attached herewith which should have itself been advertised and publicized by you as per CCI order but while you are very quick to publicize everything else, this has been deliberately hidden and not disclosed to anyone till it  was revealed in the media.“Everybody more particularly you and your affiliates have to realize that times have changed and one cannot dictate terms and everybody will have to work jointly and extend full cooperation as otherwise the producers and the industry will not be able to survive and the only way out can be if everyone is together and works jointly for survival without bothering about membership of associations or minimum wage agreements.

As informed above, the producers are free to work with any person of their choice whether member of any association or not at a price decided by them and no one has any right to insist on employment of only their members and doing vigilance checks and stalling shoots for hiring of non members and levying of penalty which is a violation of the Competition Act as decreed by CCI which has issued cease and desist orders on yourselves and your unions from indulging in any such activities and hence, producers are free and have full liberty to work with workers, technicians and artistes of their choice whether members of any association or not at the mutually decided consideration and no one can interfere or put any unreasonable demand as that is violation of the law.

“IMPPA therefore calls upon you to make clear and frank disclosure and admission about the total number of workers affiliated to you as well as the restrictions placed upon you by the CCI.It is your duty to ensure that under no circumstances you or any of your affiliates should use any such strong arm tactics against any of the producers whether of film, TV or any other entertainment content because no one can blatantly abuse the law of the land in this way and if you and your affiliates do so in any manner whatsoever, you shall be doing so entirely at your own risk as to cost and consequences thereof”, concludes Mr T.P. Aggarwal. The letter has been sent to all the producers associations and affiliates of FWICE too.