Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 377, Mars 2016

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

1. 49. The Committee examined this case at its May–June 2013 meeting [see 368th Report, paras 770–787] and on that occasion it formulated the following recommendations:
   • (a) The Committee requests the Government to take the necessary measures to amend section 3(a) of the IRA 2012, so as to ensure that workers can belong to trade unions at both sectoral/provincial and national levels. It requests the Government to keep it informed of all measures taken in this regard.
   • (b) The Committee expects that pending the hearing before the High Court, the rights of the Pakistan Wapda Hydro Electric Central Labour Union are restored. The Committee also expects that the obligation of Pakistan to respect in national legislation and practice freedom of association principles and the Conventions which it had freely ratified will be taken into account by the High Court and that the complainant organization will be ensured the right to represent its members both at provincial and at national level as appropriate. The Committee requests the Government to keep it informed of the outcome of the decision handed down by the Islamabad High Court.
2. 50. In its communication dated 7 August 2015, the Government indicates that the petition of the complainant before the Islamabad High Court was dismissed by the Court on 18 December 2012. Pakistan Water and Power Development Authority (WAPDA) Hydro Electric Central Labour Union filed a civil petition for leave to appeal before the Supreme Court of Pakistan, which disposed it in the following terms: “… the petitioners are at liberty to avail the remedy as provided under section 12 of the Industrial Relations Act (IRA), 2012, before the proper forum”. The Government informs that the petitioner Osama Tariq has filed an appeal under section 12 of the IRA 2012 before the labour bench of the National Industrial Relations Commission (NIRC). The hearing of his appeal was scheduled for 3 September 2015.
3. 51. The Government points out that the workers of the defunct Pakistan WAPDA Hydro Electric Central Labour Union have registered another union under the name of Pakistan WAPDA Hydro Electric Workers Union, which has now acquired the status of collective bargaining agent. All the principle office bearers of the old union, including Mr Khurshid Ahmend and Mr Abdul Latif Nizamani, are now the office bearers of the new union, except for Mr Osama Tariq who has filed the abovementioned appeal.
4. 52. The Committee takes note of the Government’s reply. It understands that a solution appears to have been found to remedy the situation created by the deregistration of the complainant trade union, the Pakistan WAPDA Hydro Electric Central Labour Union.
5. 53. The Committee regrets that no information has been provided by the Government on the measures taken to amend section 3(a) of the IRA 2012. It requests the Government to provide to the Committee of Experts on the Application of Conventions and Recommendations, to which it refers this aspect of the case, information on the measures taken to amend this provision, in consultation with the social partners, so as to ensure that workers can belong to trade unions at both sectoral/provincial and national levels.