Effect given to the recommendations of the committee and the Governing Body - Report No 320, March 2000

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

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

1. 54. At its May-June 1999 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 316th Report, paras. 66-68).
2. 55. In a communication dated 3 January 2000, the Government informs the Committee that adjudication proceedings concerning the dismissal of Mr. Malwankar are still pending, and that the case was heard on 17 December 1999 on the preliminary issues relating to the fairness of the inquiry. The Government also confirms that eight workers were transferred to other establishments: of those, Mr. Joseph Gomes reported to the new place of work and then resigned. The other seven workers did not report to their new assignments and thus were "charge sheeted" and inquiries were initiated. Subsequently, two of the workers, Messrs. Joseph Nobert D'Souza and Angelo Quadros, resigned and settled their dues. The inquiries relating to two of the workers, Messrs. Shri Shyam Kerkar and Shri Neville Pinho, have been completed, resulting in their dismissal, and an application for approval of the dismissals is pending before the Industrial Tribunal pursuant to the Industrial Disputes Act. The inquiries concerning the other three workers, namely Messrs. Shri Ashok Deulkar, Michael Fernades and Sitaram Rathod, are still in progress. With respect to the seven workers who were suspended, two have resigned (on 1 March 1999 and 8 October 1999 respectively) and have settled their dispute with the employer. The five others are still the subject of inquiries for misconduct, which are in progress. Finally, regarding the refusal to recognize FABREU, the Government states that management signed two settlements (dated 7 June 1995 and 5 May 1998) with another workers' organization (the Fort Aguada Beach Resort Workers' Association), and all the workers employed in the hotel have accepted the benefits of both the settlements. The adjudication proceedings in respect of the dispute on the charter of demands raised by FABREU are still in progress.
3. 56. The Committee takes note of the information provided by the Government. With respect to Mr. Malwankar, since he was dismissed due to his trade union activities, the Committee again urges the Government to take the necessary steps to ensure that he is reinstated in his post, if he so desires. The Committee must also deplore the fact that the events to which the proceedings relate occurred in 1995 and earlier, and recalls that "justice delayed is justice denied" (see Digest of decisions and principles of the Freedom of Association Committee, 1996, 4th edition, para. 56). The Committee trusts that the court proceedings will now 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.
4. 57. Concerning the management inquiries, some of which have led to the dismissal or resignation of some workers, and some which are still proceeding, the Committee again deplores the fact that these inquiries relate to events that occurred in 1995. In addition, the Committee must recall its previous conclusion that these inquiries constitute anti-union discrimination. The Committee, therefore, requests the Government to take measures to ensure that those workers who have been dismissed or have resigned are reinstated in their posts if they so desire, and that those inquiries that have not been concluded are immediately dropped, and the workers be reinstated in their initial posts. The Committee also requests the Government to keep it informed of any court or tribunal decisions concerning these workers.
5. 58. Concerning the recognition of FABREU as the collective bargaining agent, the Committee must again insist on the importance of the employer recognizing FABREU, since it is the most representative organization of workers at the Fort Aguada Beach Resort. The Committee must again urge the Government to take appropriate conciliatory measures to obtain the employer's recognition of FABREU for collective bargaining purposes, and again insists on the need to take urgent measures to restore harmonious industrial relations in the Fort Aguada Beach Resort. The Committee requests to be kept informed of any developments in this regard, and of the results of the adjudication proceedings concerning the charter of demands.