Effect given to the recommendations of the committee and the Governing Body - Report No 365, November 2012

Case No 2228 (India) - Complaint date: 30-OCT-02 - Closed

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

1. 69. The Committee last examined this case, which concerns alleged anti-union discrimination including dismissals, the suppression of a strike by the police and refusal to negotiate at the Worldwide Diamond Manufacturers Ltd (situated in the export processing zone (EPZ) of Visakhapatnam in Andhra Pradesh) and alleged dismissals and suspensions at the Synergies Dooray Automotive Ltd, at its November 2011 meeting [see 362nd Report, paras 75–80]. On that occasion, the Committee:
   • (a) Requested the Government to send the judicial decision of 29 November 2006 in CC No. 421/02 relating to the alleged brutal suppression of a strike by workers at the Worldwide Diamonds Manufacturing Ltd in January and February of 2002.
   • (b) Underlined the excessive delay in the judicial resolution of the alleged cases of anti-union discrimination resulting in imposition of fines, dismissals and suspensions of trade unionists, given that the complaint was filed in 2002, and requested the Government to send the judicial decisions in the 20 cases that have been disposed of, and to keep it informed of any further developments in the 18 pending cases.
   • (c) As regards the question of restrictions on the right to collective bargaining of workers in the VEPZ and on the right of the Visakhapatnam Export Processing Workers’ Union to take part in negotiations with the management of the Worldwide Diamonds Manufacturers Ltd, repeated its request that the Government provide a copy of the minutes of the joint meeting held on 3 September 2004 that led to the lifting of the employer’s lockout, which, according to the Government’s indication, had been forwarded to the Committee but which have not been received. The Committee also requested the Government to provide information on the evolution of collective bargaining and to send any agreement reached by the parties.
   • ...
   • (e) Repeated its request that the Government take all necessary measures, including amending the Industrial Disputes Act of 1947, so as to ensure that suspended workers as well as trade unions could approach the court directly, without being referred by the state government.
   • (f) Requested the Government to indicate whether the workers dismissed and suspended from the Synergies Dooray Automotive Ltd had initiated court proceedings.
2. 70. In its communication dated 4 May 2012, the Government indicates that all cases of alleged anti-union discrimination (imposition of fines, dismissals and suspensions of trade unionists) filed by the workers before the industrial tribunal-cum-labour court, Visakhapatnam, were dismissed vide I.D. Nos: 219/2002; 220/2002; 222/2002; 223/2002; 224/2002; 25/2003; 26/2003; 34/2003; 108/203; 163/2003; 86/2004; 87/2004; 127/2004; 128/200; 8/2005; 146/2006; 147/2006; 148/2006; 149/2006; 150/2006; 151/2006; 1523/2006; 153/2006; 14/2006; 157/2006; 158/2006; and 159/2006.
3. 71. With regard to the question of restrictions on the right to collective bargaining of workers in the VEPZ and on the right of the Visakhapatnam Export Processing Workers’ Union to take part in negotiations with the management of the Worldwide Diamonds Manufacturers Ltd, the Government indicates that the Development Commissioner APSEZ had informed it that the minutes of the meeting held on 3 September 2004 were not available at his office and that the Secretary to the Labour, Employment, Training and Factories Department of the Government of Andhra Pradesh, had been addressed in this regard. The Government is still awaiting an answer.
4. 72. With respect to the Committee’s request to amend the Industrial Disputes Act of 1947, so as to ensure that suspended workers as well as trade unions could approach the court directly, without being referred by the state government, the Government indicates that the Development Commissioner APSEZ has informed it that the Industrial Disputes Act was already amended so as to include section 2(A). According to this provision, the removed/terminated workers can approach the labour court directly without reference by the conciliation officer. The dismissed workers can thus approach the industrial tribunal-cum-labour court directly.
5. 73. The Government provides a copy of the decision of 29 November 2006 in CC No. 421/02 concerning the complaints filed after the strike held by workers at the Worldwide Diamonds Manufacturing Ltd in January and February of 2002 by which all the accused strikers were acquitted.
6. 74. As regards the alleged dismissals and suspensions at the Synergies Dooray Automotive Ltd, the Government indicates that the dismissed workers approached the industrial tribunal-cum-labour court directly under the said amended provision of the Industrial Disputes Act.
7. 75. The Committee notes the information provided by the Government. It notes, in particular, the decision of 29 November 2006 in CC No. 421/02 concerning the complaints filed after the strike held by workers at the Worldwide Diamonds Manufacturing Ltd in January and February of 2002, by which 23 strikers have been acquitted.
8. 76. With regard to recommendation (b), the Committee notes the reference to 27 cases, which, according to the Government, the industrial tribunal-cum-labour court, Visakhapatnam has dismissed. The Committee requests the Government to provide copies thereof. Recalling that there were about 38 cases in total, the Committee requests the Government to provide information on the resolution of the remaining cases.
9. 77. As regards the question of restrictions on the right to collective bargaining of workers in the VEPZ and on the right of the Visakhapatnam Export Processing Workers’ Union to take part in negotiations with the management of the Worldwide Diamonds Manufacturers Ltd, the Committee repeats its request that the Government provide a copy of the minutes of the joint meeting held on 3 September 2004 that led to the lifting of the employer’s lockout, which, according to the Government’s previous indication, it had forwarded to the Committee, but which had not been received. The Committee also once again requests the Government to provide information on the evolution of collective bargaining and to send any agreement reached by the parties.
10. 78. As regards the request that the Government take all necessary measures, including amending the Industrial Disputes Act of 1947, so as to ensure that suspended workers as well as trade unions could approach the court directly, without being referred by the state government, the Committee regrets that the Government has provided no new information in this regard. The Committee previously noted that a new subsection (2) was inserted to section 2(A) of the Industrial Disputes Act 1947, which provides that in disputes relating to discharge, dismissal, retrenchment or otherwise termination of services of an individual worker, such worker may make an application directly to the labour court for adjudication of the dispute. Recalling the principle that “workers who consider that they have been prejudiced because of their trade union activities should have access to means of redress which are expeditious, inexpensive and fully impartial” [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 820], the Committee repeats its request concerning the need to amend the legislation so as to ensure that suspended workers as well as trade unions may approach the court directly. It requests the Government to keep it informed in this respect. The Committee further notes the Government’s indication that the workers dismissed from the Synergies Dooray Automotive Ltd. have approached the industrial tribunal-cum-labour court. The Committee requests the Government to provide a copy of the judgment once it has been handed down. It also requests the Centre of Indian Trade Unions (CITU) – the complainant in this case – to keep it informed in this respect.