Effect given to the recommendations of the committee and the Governing Body - Report No 309, March 1998

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

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

1. 20. At its meeting in June 1997, the Committee requested the Government: to keep it informed of the outcome of the request filed with the Industrial Tribunal for approval of the dismissal of Mr. L. Malwankar, President of the Fort Aguada Beach Resort Employees' Union (FABREU), and to ensure that he is reinstated in his post, if he so desires; to take appropriate steps to ensure that the ongoing inquiries held by the Beach Resort against the 15 FABREU members who went on strike are dropped; to repeal the decision declaring the hotel industry a public utility service; to take appropriate conciliatory measures to obtain the management's recognition of FABREU for collective bargaining purposes (see 307th Report, para. 376).
2. 21. In its communication of 6 February 1998, the Government indicates that the dispute concerning Mr. Malwankar has been referred to the Industrial Tribunal for adjudication, but that it has been delayed because Mr. Malwankar has sought seven adjournments. While awaiting the award, the Government has assured that a decision in favour of Mr. Malwankar will be enforced. As concerns the 15 FABREU members who were the subject of management inquiries, the Government indicates that seven are under suspension pending inquiry and are being paid subsistence allowances. In these circumstances, the conciliation machinery cannot intervene as it does not constitute an industrial dispute. Transfer orders were issued with respect to the other eight members which they have refused. These members have raised an industrial dispute on this question and requested the withdrawal of the transfer orders. The report of the conciliation failure has been received by the Government and further action will follow. In the meantime, the Labour Commissioner called the union representatives for discussions in order to explore the possibility for an amicable settlement. The proposal made by the Commissioner that they take up their changed posting and then request to be transferred back to their original posting so that the Commissioner could take the matter up again with the employer was rejected. While demanding the total implementation of the Committee's recommendation, the union indicated that it was prepared to undertake joint discussions with the employers.
3. 22. The Government also indicates that the declaration of an industry as a public utility service is at the discretion of the appropriate government. While the Government of Goa used this discretion in the interest of peace and harmony in tourism which is a key industry for the State, it should be noted that the declaration of an industry as a public utility service does not mean that strike is prohibited in this industry. The only restriction concerning strikes in such industries is that 14 days' strike notice must be given. Finally, as concerns the question of recognition of FABREU for collective bargaining purposes, the Government indicates that the Labour Commissioner discussed the matter with the management which indicated that it has recognized the Fort Aguada Association because it is the majority union. The Government adds that FABREU nevertheless may still raise disputes with the Labour Department.
4. 23. The Committee takes due note of this information. It requests the Government to continue to keep it informed of the outcome of the proceedings concerning the dismissal of Mr. Malwankar and, given the Committee's conclusions in its previous examination of this case that Mr. Malwankar was dismissed on account of his trade union status and activities (see 307th Report, para. 369), it urges the Government once again to take the necessary steps to have him reinstated in his post if he so desires. As concerns the management inquiries in respect of 15 FABREU members, the Committee, recalling its previous conclusions that these inquiries and transfer orders constituted anti-union discrimination (see 307th Report, para. 372), requests the Government to take the appropriate steps to ensure that they are dropped. As concerns the recognition of FABREU as collective bargaining agent, the Committee recalls its previous conclusions based on the information provided by both the Government and the complainant that FABREU was the most representative organization at the Fort Aguada Beach Resort. The Committee must therefore once again urge the Government to continue to take any appropriate measures to obtain the employer's recognition of FABREU for collective bargaining purposes and to keep it informed of any progress made in this regard.