Definitive Report - Report No 194, June 1979

Case No 881 (India) - Complaint date: 07-JUN-77 - Closed

1. 61. The Committee previously examined this case in May 1978 and submitted an interim report in paragraphs 181 to 195 of its 181st Report, which was approved by the Governing Body at its 206th Session (2-3 June 1978). The Government has supplied further information in two letters dated 12 September 1978 and 9 April 1979.
2. 62. India has ratified neither 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. 63. In its previous report the Committee had noted that the main allegations of the complainants related to the dismissal by the ACC-Vickers-Babcock company of a number of workers after a strike by the AVB Employees' Union which was called in 1970, and to the taking over of premises normally occupied by the union, by persons acting in collusion with the company. The Government had transmitted certain information concerning the referral of the dismissed workers' cases to adjudication but made no observation concerning the occupied trade union premises. The Committee noted that most of the workers who were dismissed in 1971 had had their cases referred to adjudication only in June-July 1977 and pointed out the danger that excessively lengthy proceedings could result in a denial of justice.
2. 64. After examination of the allegations and the Government's reply, the Committee recommended the Governing Body, in paragraph 195 of its 181st Report to draw the attention of the Government to the importance of expeditious judicial proceedings in cases involving dismissals for trade union activities; to request the Government to keep the Committee informed as to the outcome of the proceedings in the cases of the dismissed workers, and to request the Government to provide information concerning the premises previously occupied by the company union and which, according to the complainants, were occupied by other persons.
3. 65. In its letter of 12 September 1978, the Government replied to the allegation of violation of union premises stating that the complainant union had recovered possession of its office in September 1977.
4. 66. In its letter of 9 April 1979, the Government indicates that of the 42 dismissed workers whose cases had been referred to the tribunal, 17 were re-employed by the management and thus their cases were voluntarily withdrawn from adjudication. The cases of the 25 remaining workers, the Government states, are still pending with the tribunal and information on their outcome will be transmitted as soon as possible.

The Committee's recommendations

1. 67. In these circumstances, the Committee recommends the Governing Body:
   • (a) to note the information provided by the Government that the complainant union has recovered possession of its premises;
   • (b) to note the Government's statement that 17 of the 42 dismissed workers have been re-employed by the management, that the remaining 25 cases are still pending adjudication and request the Government to provide, as it indicated, information on the outcome of these cases as soon as possible.