Effect given to the recommendations of the committee and the Governing Body - Report No 311, November 1998

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

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

1. 54. The Committee last examined this case at its March 1998 meeting (see 309th Report, paras. 20-23). On this occasion, the Committee requested the Government to continue to keep it informed of the outcome of the proceedings concerning the dismissal of Mr. Malwankar, President of the Fort Aguada Beach Resort Employees' Union (FABREU) and, given its conclusions that he was dismissed on account of trade union status and activities, urged the Government to take the necessary steps to have him reinstated in his post if he so desires. The Committee also requested the Government to take the appropriate steps to ensure that the management inquiries on alleged acts of misconduct of 15 FABREU members were dropped and to obtain the employer's recognition of FABREU for collective bargaining purposes.
2. 55. In a communication dated 17 July 1998, the Government indicates that the proceedings concerning the dismissal of Mr. Malwankar and the inquiries of seven FABREU members who are under suspension pending their completion are still in progress. Any governmental intervention at this stage in both cases would not be in conformity with the law and practice. As regards the other eight FABREU members who were transferred by the company to other establishments, the Government has already referred to the Industrial Tribunal the cases of six of them since one has been dismissed and the other has resigned. Finally, the Government specifies that under the Industrial Disputes Act, 1947 and the Trade Union Act, 1926, it has no authority to compel any employer to recognize any trade union.
3. 56. While taking note of this information, the Committee requests the Government to continue to keep it informed of the outcome of the proceedings concerning the dismissal of Mr. Malwankar and, since he was dismissed on account of his trade union activities, urges again that Mr. Malwankar be reinstated in his post, if he so desires.
4. 57. As regards the management inquiries which are in progress and concern seven workers, the Committee notes the government information that any intervention at this stage in these procedures would not be in conformity with the law and practice; however, the Committee must recall its previous conclusions that these inquiries constituted anti-union discrimination and requests the Government to ensure that they are dropped.
5. 58. As regards the eight other workers who were transferred to other establishments and also subjected to inquiries, the Committee notes that one of them was dismissed, another resigned and the cases of the other six are pending before the Industrial Tribunal. In this regard, the Committee reiterates its previous conclusions that these inquiries are of an anti-union nature as are measures taken pursuant to them, such as transfer or dismissal. The Committee urges therefore that these workers be reinstated in their initial post, if they so wish, and requests the Government to keep it informed of the outcome of the six cases pending before the Industrial Tribunal.
6. 59. Finally, concerning the recognition of FABREU as collective bargaining agent, the Committee takes note of the information provided by the Government that it has no authority to compel any employer to recognize any trade union; the Committee nevertheless recalls that recognition by an employer of the main unions represented in his undertaking, or the most representative of these unions, is the very basis for any procedure for collective bargaining on conditions of employment in the undertaking (see Digest, op. cit., para. 822) and insists on the importance that the employer recognizes FABREU for collective bargaining purposes. The Committee requests the Government to keep it informed of any progress in this regard.