Effect given to the recommendations of the committee and the Governing Body - REPORT_NO344, March 2007

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

1. 88. The Committee examined this case at its June 2006 meeting [see 342nd Report, paras 110–115]. On that occasion, it requested the Government: (1) to amend the Tamil Nadu Government Servants Conduct Rules and the Tamil Nadu Essential Services Maintenance Act (TNESMA) so as to ensure that public servants, other than those engaged in the administration of the State, enjoy collective bargaining rights, that priority is given to collective bargaining as the means of settling disputes arising in connection with the determination of terms and conditions of employment of public service, and that teachers are able to exercise the right to strike; (2) to return the office building to the Tamil Nadu Secretariat Association; (3) to provide information on the complainant’s request concerning monetary compensation to the families of the 42 employees who had lost their lives and urges the Government to transmit this information without delay; and (4) to indicate whether thorough consultations with trade unions have been held in respect of the unsettled issues related to the terms and conditions of employment of government employees and teachers.
2. 89. In its communication dated 26 June 2006, the Trade Unions International of Public and Allied Employees states that more than 10 million government employees are still deprived of trade union rights, including the right to strike.
3. 90. In its communication dated 21 September 2006, the Government indicates that while, in general, Indian workers enjoy the protection provided by Conventions Nos. 87 and 98, government servants are treated as a separate category of workers and reasonable restrictions are imposed upon their fundamental rights. In particular, civil servants have not been given the right to collective bargaining and the right to strike. Nevertheless, civil servants are provided with alternative negotiation machinery in the form of Joint Consultative Machinery. They can approach the administrative tribunals and seek redress of their specific service-related grievances.
4. 91. With regard to the ongoing question in this case of the rights of government employees and teachers and the Government’s statement in this regard, the Committee refers to its previous examination of this case [see 338th Report, paras 974–975] where it recalled to the Government that public servants, other than those engaged in the administration of the State, should enjoy collective bargaining rights, and priority should be given to collective bargaining as the means of settling disputes arising in connection with the determination of terms and conditions of employment of public service. Furthermore, teachers should be able to exercise the right to strike. The Committee is deeply concerned with the Government’s unwillingness to take the necessary measures to amend its legislation so as to bring it into conformity with the freedom of association principles. The Committee recalls that the membership of a State in the International Labour Organization carries with it the obligation to respect in national legislation freedom of association principles and the Conventions, which the State has freely ratified [see Digest of decisions and principles of the Freedom of Association Committee, fourth edition, 2006, para. 16]. The Committee therefore once again requests the Government to ensure the application of the above principles and to amend the Tamil Nadu Government Servants Conduct Rules and the TNESMA.
5. 92. The Committee regrets that no information was provided by the Government with regard to its previous request to return the office building to the Tamil Nadu Secretariat Association, nor with respect to the complainant’s request concerning monetary compensation to the families of the 42 employees who had lost their lives and once again urges the Government to transmit this information without delay. The Committee further urges the Government to indicate whether thorough consultations have been held with trade unions in respect of pension benefits (the Government’s unilateral suspension of which previously resulted in strike action) and whether any final agreement has been reached in this regard.