Effect given to the recommendations of the committee and the Governing Body - Report No 323, November 2000

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

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

1. 65. At its March 2000 meeting, the Committee last examined this case concerning the dismissal of Mr. Laximan Malwankar, President of the Fort Aguada Beach Resort Employees' Union (FABREU), the suspension or transfer of 15 FABREU members following strike action, and refusal to recognize the most representative workers' organization for collective bargaining purposes [see 320th Report, paras. 54-58].
2. 66. In a communication dated 22 September 2000, the Government indicates that out of the three inquiries which were in progress in respect of Shri Ashok Deulkar, Sitaram Ruthod and Shyam Kerkar, the case of Mr. Deulkar was settled since he and the management have arrived at an amicable settlement thereby severing the employer-employee relationship. As regards the cases of five workmen whose inquiries were in progress, two workmen have resigned and settled their dues thereby severing the employer-employee relationship. Thus only three inquiries are still in progress. As regards the adjudication proceedings in respect of the dispute of Mr. Laximan Malwankar, the case was fixed on 12 September 2000 for arguments on preliminary issues. Similarly, the adjudication proceedings in respect of the charter of demands were fixed on 24 September 2000 for arguments on interim relief application. The Government also indicates that the workers of Fort Aguada Beach Resort are covered under the settlement signed by the management and the union, namely Fort Aguada Beach Resort Workers' Association. Out of the 171 workers (including the five workers whose inquiries are pending), all have received the benefit of the settlement, in operation up to 30 June 2000. The association has also served the fresh charter of demands and bilateral negotiations are in progress.
3. 67. The Committee takes note of the information provided by the Government. It recalls that this case related to various acts of harassment and anti-union discrimination carried out against the president of FABREU, Mr. Malwankar, from 1992 to 1994 which culminated in the dismissal of this trade union leader in January 1995 and the suspension or transferral of FABREU members in April 1995 following a strike action in the hotel industry which was declared a public utility service and thus referred to the Industrial Tribunal contrary to the principles of freedom of association since the hotel industry is in no way an essential service in which strikes can be prohibited. The Committee also recalls that an agreement was signed in October 1995 with a newly formed organization called Fort Aguada Beach Resort Workers' Association thus de-recognizing FABREU, the management recognizing the association as the sole bargaining agent in the company. The Committee had concluded from the evidence at its disposal that no doubts existed that FABREU was the most representative at the Fort Aguada Beach Resort and had urged the Government to take appropriate conciliatory measures to obtain the employers' recognition of FABREU for collective bargaining purposes [see 307th Report, paras. 366-375]. The Committee once again must deplore the fact that the events to which the various proceedings and inquiries are related occurred in 1995 and earlier. With respect to Mr. Malwankar, the Committee expresses the firm hope that the court proceedings will be expedited and requests the Government to continue to keep it informed of the outcome of the proceedings, including forwarding copies of the preliminary and final decisions. Furthermore, the Committee requests the Government to continue to keep it informed of all the other pending issues related to this case, including the results of the adjudication proceedings concerning the charter of demands.