Effect given to the recommendations of the committee and the Governing Body - REPORT_NO350, June 2008

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

1. 133. The Committee last examined this case, which concerns allegations of illegal detention of trade union leaders and violations of the right to collective bargaining as well as acts of intimidation, harassment and anti-union dismissals in the Pearl Continental Hotels, at its meeting in March 2007 [see 344th Report, paras 136–141]. On that occasion it noted that various cases between the parties in this case were pending before the courts (criminal complaint filed by the Registrar of Trade Unions before the Sindh Labour Court asking for the cancellation of the registration of the union; criminal complaints filed by the complainant against the hotel for non-payment of office rent and not deducting subscriptions under the check-off system; complaint lodged by the management with regard to the fire incident in the hotel; and cases for and against the trade union for breach of settlement) and requested the Government to keep it informed of the progress of all judicial proceedings and to transmit the judgements as soon as they were handed down. The Committee further requested the Government to rapidly carry out an independent inquiry into the alleged beatings of Messrs Aurangzeg and Hidayatullah on 6 July 2002 at the police station, to keep it informed of the results of that inquiry, and to give appropriate instructions to police forces to prevent the repetition of such acts. Finally it requested the Government to instruct the competent labour authorities to rapidly undertake an in-depth investigation of the anti-union dismissals at the Karachi Pearl Continental Hotel and, if it is found that there has been anti-union discrimination, to ensure that the workers concerned are reinstated in their posts, without loss of pay.
2. 134. In a communication dated 6 November 2007, the Government reiterates that there are three registered trade unions functioning in the Pearl Continental Hotels. The management is providing every facility to all its workers without discrimination. The hotel fulfils all international standards and perks and benefits are given to workers on time.
3. 135. The Government once again adds that the issue of status of collective bargaining agents is sub judice before the Sindh High Court. There are also a number of cases pending before various courts: Supreme Court of Pakistan, Sindh High Court, Fifth Sindh Labour Court and National Industrial Relations Commission. There has been no change in the situation since last year, and it is not possible for any authority to intervene in the cases pending before the courts. Further developments will be communicated to the ILO as soon as these cases are decided.
4. 136. The Committee regrets that no additional information has been provided by the Government in this case. While noting that, according to the enterprise management, three registered trade unions are functioning at the enterprise, it is not clear to the Committee whether the complainant organization, the Pearl Continental Hotels’ Employees Trade Union Federation, is among these unions. The Committee requests the Government to clarify that matter.
5. 137. With regard to the various cases pending before the courts, the Committee recalls that the facts of this case date as far back as 2001 and emphasizes that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 105]. The Committee expects that all proceedings will be concluded without further delay and requests the Government to transmit copies of the judgements as soon as they are handed down.
6. 138. The Committee further expects that an independent inquiry into the alleged beatings of Messrs Aurangzeg and Hidayatullah on 6 July 2002 at the police station has been promptly conducted and requests the Government to report on its outcome. If the allegations of ill-treatment are confirmed, the Committee requests the Government to ensure that appropriate measures, including compensation for damages suffered, sanctioning those responsible and appropriate instructions to the police forces, are taken to ensure that no detainee is subjected to such treatment in the future.
7. 139. The Committee further expects that the competent labour authorities have carried out an in-depth investigation of the anti-union dismissals at the Karachi Pearl Continental Hotel and requests the Government to report on its outcome. Furthermore, if it has been found that there has been anti-union discrimination, to ensure that the workers concerned are reinstated in their posts, without loss of pay and, if reinstatement is not possible, that they are paid adequate compensation so as to constitute sufficiently dissuasive sanctions.