Effect given to the recommendations of the committee and the Governing Body - Report No 337, June 2005

Case No 2188 (Bangladesh) - Complaint date: 19-MAR-02 - Closed

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

1. 23. During its last examination of the case at its November 2004 meeting [see 335th Report, paras. 23-27], the Committee had: (a) requested the Government to clarify whether the case of Ms. Taposhi Bhattacharjee had been finally determined by the Appellate Division of the Supreme Court of Bangladesh or whether the Government’s appeal against the High Court Division’s decision of reinstatement was still pending and in the event of the case still pending, requested the Government to provide it with a copy of the decision once it was issued and to keep it informed in this regard; (b) in relation to the warnings issued to the ten union officials, the Committee had noted that it had not been provided with any further details and urged the Government to give appropriate directions to the management of the Shahid Sorwardi Hospital so that these warnings are withdrawn and to keep it informed in this respect.
2. 24. In its communication of 2 May 2005, the Government has clarified that Ms. Taposhi Bhattacharjee has been reinstated in service in accordance with the decision of the High Court and has also been paid her back salaries and outstanding benefits as per the service rules. The Government has also indicated that its appeal against the decision of the reinstatement of Ms. Taposhi Bhattacharjee is pending before the High Court (Appellate Division) and that the decision of the Appellate Division will be transmitted to the Committee as soon as it is given. The Government has, however, not furnished any further information in respect of the warnings issued to the ten union officials by the management of the Shahid Sorwardi Hospital.
3. 25. The Committee takes note of the information that Ms. Taposhi Bhattacharjee has been reinstated in service and also paid her back salaries and other outstanding benefits. The Committee also notes that the appeal of the Government against the decision of the reinstatement of Ms. Taposhi Bhattacharjee is pending before the High Court (Appellate Division). As in its previous recommendations [332nd Report, para. 15], the Committee strongly hopes that the Appellate Division will issue a judgment in conformity with freedom of association principles confirming the High Court decision reinstating her in her job with full benefits. The Committee requests the Government to keep it informed in this regard and to provide it with a copy of the decision of the Appellate Division once it is issued.
4. 26. Noting that the Government has not furnished any further information in respect of the warnings issued to the ten union officials, the Committee once again requests the Government to give appropriate directions to the management of Shahid Sorwardi Hospital so that these warnings are withdrawn and to keep it informed in this respect.