Effect given to the recommendations of the committee and the Governing Body - Report No 333, March 2004

Case No 1890 (India) - Complaint date: 29-MAY-96 - Closed

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

1. 77. The Committee last examined this case which concerns the dismissal of Mr. Laxman Malwankar, President of the Fort Aguada Beach Resort Employees’ Union (FABREU), the suspension of 15 FABREU members following a strike, and the employer’s refusal to recognize the most representative union for collective bargaining purposes, at its November 2001 session, where it requested the Government to keep it informed of developments on all pending issues [see 326th Report, paras. 96-98].
2. 78. In a communication dated 2 January 2004, the Government states that as regards Mr. Malwankar, a hearing concerning his dismissal scheduled before the Industrial Relations Tribunal on 20 January 2003 has been adjourned (Case No. 9/95) and that an order for inquiry was passed on 28 November 2003 concerning his alleged illegal termination (Case No. 27/97). The inquiries concerning Messrs. Ambrose D’Souza and Sitaran Rathod are in progress; Mr. Ambrose submitted a statement on 19 November 2003; the evidence given by Mr. Rathod’s witnesses is being examined. The case concerning Mr. Shyam Krekar was listed for hearing on 20 November 2003. The findings of the inquiry officer in respect of Mr. Mukund Parulekar are still awaited.
3. 79. While noting that information, the Committee observes with deep regret once again that this complaint was filed in May 1996 and that the Committee examined it for the first time on the merits at its June 1997 session; Mr. Malwankar was dismissed in January 1995 and the other workers were suspended in April 1995. Recalling that justice delayed is justice denied, the Committee requests the Government to take rapidly all appropriate measures to ensure that these proceedings are concluded, in particular as regards Mr. Malwankar’s dismissal. The Committee once again requests the Government to keep it informed of developments and expects a rapid conclusion of all these cases, in conformity with freedom of association principles.