Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 320, Mars 2000

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

1. 25. At its June 1999 meeting, when it last examined this case (see 316th Report, paras. 17-23), the Committee:
   • -- noted with regret that the Government refused to amend sections 7(2) and 10(1)(g) of the Industrial Relations Ordinance, 1969, which mandate a threshold of 30 per cent of workers in an establishment or group of establishments in order for a union to be registered; it recalled the repeated recommendations of the Committee of Experts and that a Government representative had stated at the 1998 Conference that it was considering taking measures concerning these provisions; it urged it once again to review the situation;
   • -- noted with regret that the union of workers of Saladin Garments Ltd. had not been registered yet, in spite of the fact that these workers have been applying for such registration for over three years, and urged the Government to register that union without delay;
   • -- also urged the Government to register without delay the Palmal Knitwear Ltd. Karmachari union;
   • -- requested the Government to continue supplying information on the appeals lodged by workers victims of anti-union reprisals at the Palmal Knitwear Ltd., including Ms. Kalpana, and to take all necessary measures to ensure that the workers dismissed, harassed or blacklisted because of their trade union membership obtained appropriate redress, including reinstatement if they so wished.
2. 26. In its communication of 6 January 2000, the Government indicates that consultations continue with employers' and workers' representatives in order to reach a consensus concerning an amendment of the IRO, and that it expects a fruitful result soon.
3. 27. The Committee notes this information and deeply regrets that no action has been taken yet in this respect, and hopes that concrete legislative measures will be taken soon, particularly in view of the commitment given by a Government representative at the 1998 Conference and of the reiterated calls by the Committee of Experts. Given the lengthy time elapsed, the Committee urges the Government to bring these tripartite discussions to a fruitful conclusion in the very near future, and requests to be kept informed of developments in this respect.
4. 28. The Government states that the case concerning the registration of the trade union at Saladin Garments Ltd. is still pending in the Labour Court, mainly due to the reluctance of the complainant union; the Committee will be informed as soon as the Court's decision is issued.
5. 29. The Committee notes with regret that no progress has been made in this matter, notwithstanding the fact that the trade union has applied for recognition since April 1996, almost four years ago. It urges once again the Government to speed up the recognition process and to keep it informed, as soon as possible, of its results as regards the situation at Saladin Garments Ltd.
6. 30. The Government mentions that the case concerning the situation at Palmal Knitwear Ltd. is still pending; most of the workers have left the company's service and the union is not contesting the case; the Government has directed the public prosecutor to move the matter in the High Court Division for a speedy disposal, and awaits the Court's decision. As regards the other pending issues at Palmal Knitwear Ltd., Ms. Kalpana has applied for withdrawal of her case due to an amicable settlement; and the Government states it is taking all necessary measures to protect the rights of workers against all acts of anti-union discrimination.
7. 31. The Committee, once again, urges the Government to register without delay the Karmachari union. Regarding the case of Ms. Kalpana, contrary to the indication given in the Government's communication, the court's decision witnessing the out-of-court settlement was not attached; the Committee requests the Government to provide that decision. More generally, the Committee emphasizes that all the serious legal violations and factual events which are the subject-matter of this complaint date back to 1995, without much concrete progress to date. The Committee recalls that justice delayed is justice denied. It therefore urges the Government to take all necessary measures to ensure adequate redress to all workers and trade unions concerned.