Effect given to the recommendations of the committee and the Governing Body - Report No 305, November 1996

Case No 1817 (India) - Complaint date: 30-DEC-94 - Closed

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

1. 37. This case concerned the promulgation by the Government of the Central Civil Services (Recognition of Service Association) Rules of 1993 (the Rules). At its March 1996 meeting (see 302nd Report, paras. 297 to 328), the Committee requested the Government to take steps to amend some provisions of the Rules insisting, inter alia, on the fact that restrictions limiting all public servants to membership of unions confined to that category of workers are admissible if their organizations are not restricted to employees of any particular ministry, department or service and if the first-level organizations may freely join federations and confederations of their own choosing.
2. 38. In a communication dated 30 September 1996, the Government, while recalling that India has not ratified the relevant Conventions on freedom of association, insists on the special status of its civil servants according to which they have to be differentiated from other workers. The Government recalls that civil servants enjoy a high degree of job security and that they have to remain totally impartial in the execution of their work. The Government adds that civil servants' legitimate concerns such as job security, wages, health and other areas of welfare are adequately taken care of by their terms of appointment and the Rules. They do not need the protection granted by general labour legislation to other workers. The Government concludes that it is not in a position to take any step which would tend to dilute the existing distinction between civil servants and industrial workers and is not able therefore to go along with the Committee's recommendations.
3. 39. Noting this information and insisting on the fact that the right of all workers, including state employees, to form and join organizations of their own choosing is one of the basic principles of the ILO, the Committee cannot but express the firm hope that the Government will reconsider its view on this matter in the near future.