MADHUSUDHAN
WANTED: A NEW MAGNA CARTA FOR FILMDOM
Filmdom is perhaps the only industry where disputes between employees and employers are settled out of court, through its time-tested joint committees, whether the disputes be of a financial nature or those dealing with copyright. These joint committees function voluntarily, unlike the paid semi-judicial bodies. The awards given by the committees may not be correct or just but past experience shows that they work well enough, even in the absence of judicial powers. Or do they?...
There seems to me, to be an urgent need to look afresh at the disputes redressal procedure currently in use in filmdom to ascertain if it needs to be changed in conformity with the changed times. The Federation of Western India Cine Employees (FWICE), of which I am president, represents the entire working force of the film industry in Mumbai. I’d like to highlight the procedures followed for the settlement of disputes and offers a few suggestions for its improvement.

I have sent a note prepared to explore and determine the procedure which contributes to expeditious redressal of grievances regarding earned wages, to the affiliates of the Cine Employees Confederation for comment, if any.

PRESENT PROCEDURE:
IT has been observed that a tremendous amount of valuable time is consumed in sterile arguments and verbiage by both sides. This is because of the ever-varying interpretations conditioned by loyalties rather than reason.
The procedure as it stands today is : a complaint is filed in a craft association affiliated to the FWICE. Each association has a dispute settlement committee which adjudicates upon the complaint. The first step of which is making available the copy of the complaint to the concerned producer and asking him to give his reply/comments in writing. Not always does a producer comply with the request. A meeting of the dispute settlement committee of the affiliate is then held on a date which is usually fixed in consultation with the producer. This is where the first hitch in the early disposal of the complaint occurs. Experience shows that the producer, for one reason or the other, doesn’t attend, irrespective of whether the date was fixed after consulting him.

REPRESENTATION BY PRODUCERS’ BODY
EVEN at this primary stage of dispute settlement, the respondent can bring a representative of his own association to attend the meeting. Prominent issues of complaint are basically of non-payment of earned wages, dismissal of a member without settlement of dues, premature termination of assignment and absence of any written agreement between an employer and the employee.
There are also complaints by the producers, filed in the craft associations about the demands of employees seeking more wages than those fixed, non-competence of employees in the discharge of duties and non-attendance when the job required his presence.

At the meeting of the affiliates, the statements of both the complainant employee and the producer are recorded, including sometimes the statement of a witness if it is relevant. The process makes both the parties aware of their strength or infirmity of their positions. All these issues are decided in accordance with accepted principles. In the light of recorded evidence, the committee gives its decision.

OPPORTUNITIES FOR SETTLEMENT:
More often than not, the respondent accepts the decision. In some cases he does not. In that event, an opportunity is given to both parties to reach a mutually-agreed settlement in which the committee or members of the committee do not participate.

Sometimes, a settlement is reached. If there is no settlement, the matter is forwarded to FWICE for further action. The point to be noted is that all avenues of settlement are exhausted at this stage.

All this arduous labour comes to a nought because when the matter is heard at the FWICE-Film Makers Combine (FMC) joint committee level, without real reference to the proceedings and findings at the craft affiliate level. This is an avoidable duplication of work, time and energy.

In the fitness of things, the apex joint-committee should sit and hear the matter as an appellate body where due consideration is given to what had transpired at the earlier stage. Even though we sit as a domestic forum, it would be far better and quite in order if the procedures as laid down for an appellate body are followed.

The comment “But we are not a court,” is heard too often. Certainly we are not a judicial court but we must deal with the matter judicially. More so when the producers’ organisations have condoned their members for going to the courts. It must be noted that over several decades of functioning of the domestic forum, no worker has gone to the court against the decision of the joint committee but quite a few producers have.

In the foregoing observations, an attempt has been made to describe the pattern of dispute settlement, its positive points as also the infirmities. I suggest that through mutual discussions, a system be devised which is reasonable, fair and non-partisan.

To ensure impartiality and no partisanship, the members of the committee acting as judges should take an oath as is done by the court judges including the chief justice of India.

It is not that over the years we have not laid down certain principles. We have, but we do not strictly adhere to the rules. There is need to accept without reservation that rules are rules and should be abided by, whether or not these suit the interest of one party or other.

Also, there should be no place for unwanted persuasion, arguments, bickerings, and not the least, indulgences in bias.

One bane of the present system is the delay in disposal of disputes. Expeditious disposal should be the rule rather than the exception.

WRITTEN AGREEMENT
THE incidence of disputes shall be vastly reduced if all contracts are entered into through a written agreement. But unfortunately written agreements are conspicuous by their absence. The two obvious reasons are that the producer believes that no written agreement will absolve him of liability and the technician does not want it because it will put on record the money receivable by him. However, there is an agreement between the FWICE and the All India Film Producers Council that in the absence of an agreement, the minimum payment prescribed for various craft associations’ members will be the amount payable. In both cases, either one or the other concerned person feels aggrieved.

Nothing can be done about this because the formula gives advantage only to the weaker of the two parties. The organisations of producers should exhort all members to enter into a written agreement when employing a person.

PREMATURE TERMINATION OF ASSIGNMENT
IT is accepted that an employer has the inherent right to terminate the services of an employee when he so desires. It is also an accepted principle that the person whose services are desired to be terminated should be paid the contracted amount at the end of termination.

If this stipulation is observed, there will be no need to give an explanation, to make charges or find faults. The Industrial Disputes Act requires that payment should be made on the same day or the next working day. An important thing to note and remember is that credit in the title will be given to the outgoing technician for the work done by him in the film and which is not totally deleted.

ELIMINATION OF DELAYS
IT is regrettable that much the same situation obtains in our forum as in a court of law with regard to the frequent recourse to adjournments. Our aim should be to have a system distinct from the courts of law, enabling us to have speedy dispensation of justice.

It is, therefore, suggested that two meetings of the disputes committee be held every month. Further, these monthly meetings should be on two fixed dates — the 15th and 30th. This again could be revised depending on the unpredictable nature of film business. The quorum should not be more than nine persons of which one should be the presiding officer.

ADJOURNMENTS
NO adjournments should be allowed to any of the parties. The respondent be allowed to be represented by an authorised person. Only in a rare case, an adjournment should be allowed on the basis of available evidence. The chairman of the disputes committee of the FWICE affiliate or a member of the committee who records evidence at the affiliate level, or the general secretary of the concerned affiliate must be present on the respective date to assist the complainant in the presentation of the case. A complicating factor is that sometimes a complaint is filed so late that the concerned film is in the final stages of completion and immediate disposal becomes a matter of urgency. A formula needs to be devised to preclude the occurrence of such a situation.
I invite suggestions from other trade unions belonging to the film industry on the points I have made. The collective wisdom of all the concerned parties may help us draft a procedure somewhat akin to that of a Magna Carta.

Madhusudhan, the president of FWICE, spoke to MSM Desai