Interim Report - Report No 105, 1968

Case No 493 (India) - Complaint date: 02-AUG-66 - Closed

1. 195. This case was before the Committee at its sessions in February, May and November 1967 and February 1968. On the last of these occasions the Committee adopted certain interim conclusions, contained in paragraphs 67 to 85 of its 104th Report, which is to be submitted to the Governing Body for its approval at its 172nd Session (May-June 1968).
2. 196. India has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 197. As indicated in paragraph 76 of its 104th Report, the Committee had, at its session in February 1967, requested the Government, inter alia, to state whether the purported copy furnished by the complainants of the judgment in the criminal proceedings brought against the General Secretary and 32 members of the complaining organisation (Tenth Court of Additional Sessions Judge, Alipore, Sessions Trial No. 2 of March Sessions, 1966) is a correct text of the judgment, or, if not, to be good enough to furnish an authentic text thereof. At its session in February 1968, not having received the information requested, the Committee repeated this request in paragraph 86 (b) of its 104th Report.
2. 198. By a letter dated 28 February 1968 the Government, in reply to the request formulated by the Committee at its session in February 1967, furnished the information referred to in the preceding paragraph. In this letter the Government acknowledges that the text of the judgment communicated to the I.L.O by the complainant is identical to the text forwarded to it by the Government of West Bengal, with the exception of certain minor differences set out by the Government which, in the Committee's view, are immaterial as far as this case is concerned.
3. 199. Accordingly, the Committee recommends the Governing Body to take note of the Government's letter of 28 February 1968 concerning the judgment in the criminal proceedings brought against the General Secretary and 32 members of the complaining organisation.

The Committee's recommendations

1. 200. Taking into account the Government's communication of 28 February 1968, the Committee recalls that the following allegations, to which it referred in paragraph 86 (a) of its 104th Report, are those on which the Government's observations are awaited:
   • (i) the allegations that the police were unlawfully used for strike-breaking purposes, in connivance with the employers, and fabricated a prosecution case against the General Secretary and 32 members of the complaining union which was rejected by the competent court (paragraphs 21 to 26 of the complaint and purported copy of the judgment attached to the complaint);
   • (ii) the allegation that persons hired by the employers together with the police looted the records and funds on the premises of the complaining organisation (paragraph 26 of the complaint);
   • (iii) the allegations that the Code of Discipline in Industry, subscribed to by the Government, employers' organisations and workers' organisations, is enforced against workers but is not enforced as regards union recognition and, particularly, that contrary to the Code the complaining organisation is not recognised (paragraph 34 of the complaint).
2. 201. In these circumstances the Committee recommends the Governing Body:
   • (a) to take note of the Government's letter of 28 February 1968 concerning the judgment in the criminal proceedings brought against the General Secretary and 32 members of the complaining organisation;
   • (b) to take note of the present interim report, it being understood that the Committee will report further when it has received the Government's observations on the allegations referred to in the preceding paragraph.