Effect given to the recommendations of the committee and the Governing Body - Report No 356, March 2010

Effect given to the recommendations of the Committee and the Governing Body

1. 23. The Committee last examined this case, which concerns a refusal to register the Immaculate (Pvt.) Ltd Sramik Union and the dismissal of seven of its most active members, at its March 2009 meeting. On that occasion the Committee, expressing its deep regret that the Government had once again failed to give any follow-up action to its previous recommendations, urged the Government to institute an independent inquiry into the serious allegations of anti-union discrimination in this case and, if the allegations were proven true, to take all necessary steps to remedy the situation in relation to these allegations [see 353rd Report, paras 55–57].
2. 24. In a communication dated 3 September 2009, the Government indicates that should a new application for registration be submitted by the complainant, whose prior registration application had been dismissed on 30 September 2007 by the First Labour Court, the Director of Labour would register the organization on receipt of the application as per the provisions of the law. With regard to the dismissal of seven union members, the Government indicates that no application has been filed for their reinstatement, either to the Director of Labour or to the Ministry, and no case is pending with the Labour Court.
3. 25. The Committee deeply regrets that, once again, the Government has provided no indication that it has taken steps to implement its recommendation to rapidly convene an independent inquiry into the serious allegations of anti-union discrimination in the present case. Recalling that five years have elapsed since it first issued its recommendations in the present case, the Committee once again recalls that justice delayed is justice denied and urges the Government to convene an independent inquiry to thoroughly and promptly consider the allegation that seven members of the union were dismissed by the company upon learning that a union was being established. The Committee once again requests the reinstatement of the workers concerned without loss of pay, if it appears in the independent inquiry that the dismissals did occur as a result of their involvement in the establishment of the union and, if reinstatement is not possible, to ensure that adequate compensation so as to constitute sufficiently dissuasive sanctions is paid to the workers. The Committee once again requests to be kept informed of developments in this regard.