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

Case No 2158 (India) - Complaint date: 28-SEP-01 - Closed

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

1. 80. The Committee last examined this case at its November 2003 meeting where it requested the Government to provide information on: the murder of trade union leader Ashique Hossain; the actual situation of the complainant organization, Pataka Biri Karmachari Union; the investigation into allegations of serious acts of anti-union discrimination; the circumstances under which two apprentices were dismissed; the progress of proceedings before the Calcutta High Court concerning anti-union discrimination [see 332nd Report, paras. 87-89].
2. 81. In a communication dated 15 January 2004, the Government indicates that information is being collected from the State Government of West Bengal as to the conduct of an independent judicial inquiry concerning the murder of trade union leader Ashique Hossain and the actual situation of the complainant organization. As to the progress of the investigation into allegations of serious acts of anti-union discrimination, the Government refers to previously provided information according to which 97 employees of the Pataka Biri Company called at the Suti Police Station and reported that they were not members of the Pataka Biri Karmachari Union as alleged by Ashique Hossain. The latter came to the police station, on his own and uncalled for, and gave a written declaration to those 97 employees that they were not members of his union. He then left the police station at his own accord. Thus, the allegation of 16-hours’ “obstruction” at the Suti police station by those 97 persons was not found to be true. Moreover, Mr. Hossain failed to produce any proof that he had called on the Border Security Force (BSF) for his security on 24 September 2001 and also failed to name any one criminal alleged to have been engaged to suppress his trade union activities. Finally, he had no record/document to prove his claim to have informed the administration or the Chief Minister from 6 August 2001 to 20 August 2001 of his allegations.
3. 82. The Government further indicates with regard to the dismissal of two apprentices, that the circumstances under which they were dismissed are under examination. Finally, concerning the progress of proceedings before the Calcutta High Court concerning anti?union discrimination, the Government indicates that the necessary follow-up for a quick disposal of this case is being looked into by a section officer of the Labour Directorate of the Government of West Bengal.
4. 83. The Committee notes with regret that information is still being collected from the State Government of West Bengal as to the conduct of an independent judicial inquiry into the murder of trade union leader Ashique Hossain which took place in June 2002. The Committee also notes from the Government’s response that Mr. Hossain had made allegations in August/September 2001 that criminals had been engaged to suppress his trade union activities. The Committee notes that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected. The killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and, in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 47 and 51]. The Committee requests the Government to take all necessary measures so as to ensure that an independent judicial inquiry into the murder of trade union leader Ashique Hossain is concluded rapidly and to keep it informed in this respect.
5. 84. The Committee also takes note of the information provided by the Government with respect to acts of anti-union discrimination, the dismissal of two apprentices and the proceedings for anti-union discrimination pending before the Calcutta High Court. The Committee requests to be kept informed of the grounds on which two apprentices were dismissed and the progress of proceedings before the Calcutta High Court.