Effect given to the recommendations of the committee and the Governing Body - REPORT_NO338, November 2005

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

1. 292. The Committee examined this case, in which the complainant alleged that the management of the Army Welfare Sugar Mill ordered the dissolution of the Army Welfare Sugar Mills Workers’ Union (AWSMWU), at its November 2004 meeting [see 335th Report, paras. 1150-1163]. On that occasion, the Committee noted with interest that the Labour Court concluded that the services of the Army Welfare Sugar Mill were not exclusively connected to the armed forces and that its employees should enjoy the fundamental right to form a trade union. The Court dismissed the case brought by the Registrar following the application of the Army Welfare Sugar Mill requesting to cancel registration of the AWSMWU. The Committee requested the Government to ensure the implementation of the judicial decision.
2. 293. In its communication of 24 June 2005, the Government indicated that the matter regarding registration of the AWSMWU was before the Registrar of Trade Unions at Hyderabad and that no order had yet been passed. Furthermore, the Government stated that the charter of demands submitted by the union was under conciliation with a conciliator. Both parties, i.e. the management and the union, were actively participating in the conciliation proceedings. Due to the intervention of the Provincial Labour Department, the relations between parties were healthy; both parties were pursuing the case before the legal forums.
3. 294. The Committee notes the information provided by the Government. It regrets that, despite the court ruling dated 7 August 2004, the question of registration of the union is still pending before the Registrar. The Committee considers that a long registration procedure constitutes a serious obstacle to the establishment of organizations and amounts to a denial of the right of workers to establish organizations without previous authorization. In view of the length of time that has elapsed since the court ruling, and of the fact that there are no apparent obstacles justifying the delay, the Committee requests the Government to take the necessary measures to ensure the registration of the AWSMWU without delay and keep it informed in this respect.