Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 349, Mars 2008

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

1. 279. The Committee last examined this case at its March 2007 meeting [see 344th Report, paras 192–198]. On that occasion the Committee noted that the cases of five workers allegedly dismissed from the Workwear Lanka (Pvt) Ltd were pending before the labour tribunal, as was a case concerning the dismissal of 202 workers following their participation in a strike. The Committee, expecting that the competent authorities would process these cases without delay and that, if the allegations of anti-union discrimination were confirmed, suitable measures would be taken to remedy any effects of the discrimination, requested the Government to keep it informed and to transmit any copies of the decisions as soon as they were handed down by the labour tribunal. It further requested the Government to provide information on the grounds on which the tribunal dismissed the application of one worker fired in December 2003, as well as to indicate the measures taken to ensure the right to exercise its activities.
2. 280. In a communication of 21 September 2007, the Government states that the case concerning the dismissal of 202 workers had been heard 28 times, but was yet to be concluded. Section 17 of the Termination of Employment of Workmen Act provides that the proceedings at any inquiry held by the Commissioner for the purposes of the Act may be conducted by the Commissioner in any manner, not inconsistent with the principle of natural justice, best adapted to elicit proof or information concerning matters that arise at the said inquiry. Furthermore, the Supreme Court has held on several occasions that not permitting sufficient time for the parties to establish their case is against the principle of natural justice; in this regard inquiring officers are supposed to give opportunity and sufficient time to the parties to establish their cases. The Government adds that most of the hearing dates in the above case were requested by lawyers retained by the trade union, one of whom had also fallen ill for a period.
3. 281. The Government indicates that, of the five cases before the labour tribunal, the case of Ms Chandrani Rupika was settled with the payment of 50,000 rupees to her; the remaining four cases are pending. As regards the labour tribunal’s dismissal of the application of one dismissed worker, this application, which concerns Ms Chathurika, was dismissed due to long absenteeism.
4. 282. As concerns the Committee’s previous comments on the legislation, the Government states that the Ministry of Labour Relations and Manpower is currently reviewing the legislation in the context of overall labour law reforms in the country. This matter is accordingly being looked into by the subcommittee appointed by the National Labour Advisory Council (NLAC). The views of the trade unions regarding the legislative reforms have been mixed, and so far no final decision has been taken.
5. 283. The Committee notes the above information. With respect to the case concerning the 202 workers dismissed following a strike and the four cases before the labour tribunal, all of which are still pending, the Committee recalls that justice delayed is justice denied; it once again requests the Government to keep it informed of developments in this regard and to transmit copies of the decisions as soon as they are handed down. It further requests the Government to transmit a copy of the labour tribunal’s decision to dismiss Ms Chathurika’s application on grounds of long absenteeism.
6. 284. The Committee, while noting the information on the review of the labour legislation, regrets that the Government provides no information concerning the branch of the Free Trade Zones and General Services Employees’ Union at Workwear Lanka (Pvt) Ltd. It once again requests the Government to ensure that the union may exercise its activities, even if it does not represent 40 per cent of the workers concerned, and to inform it of the steps taken in this regard.