Effect given to the recommendations of the committee and the Governing Body - REPORT_NO349, March 2008

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

1. 204. The Committee examined this case at its November 2007 meeting [see 348th Report, paras 1016–1036] and on that occasion it formulated the following recommendations:
   • (a) Deploring that it has not received the Government’s observations, despite the time that has elapsed since the submission of the complaint, the Committee strongly urges the Government to be more cooperative in the future.
   • (b) The Committee requests the Government to take the necessary measures to revoke the Sindh Registrar’s Cancellation Order so as to reinstate the registration of the KSLU and of any other unions that may have been dissolved due to the administrative control of the employer concerned by the Ministry of Defence Production. The Committee requests the Government to keep it informed of the steps taken in this regard.
   • (c) The Committee requests the Government to review and amend section 12(3) of the IRO, 2002, so that the failure to seek or obtain collective bargaining agent status does not constitute grounds for the cancellation of a trade union’s registration.
   • (d) The Committee requests the Government to initiate an investigation into the obstacles to collective bargaining encountered by the KSLU during the period 2003–06 and to promote future collective bargaining with the union, if it still found to be representative of the workers at the Karachi Shipyard and Engg Works Ltd.
2. 205. In its communication dated 6 November 2007, the Government indicates that the Karachi Shipyard and Engineering Works (KS&EW) Ltd has been engaged to carry out defence and strategic tasks and has been transferred under the control of the Ministry of Defence Production. In view of the change of the status of KS&EW, the Industrial Relations Ordinance 2002 (IRO) became inapplicable in terms of its section 1(4). Accordingly, the Registrar of trade unions cancelled the registration of all trade unions at KS&EW. Trade unions, including the union enjoying the collective bargaining agent status (CBA), have filed constitutional petitions before the Sindh High Court in Karachi challenging the decision of cancellation of registration, where the matter is currently pending.
3. 206. The Committee notes the information above and regrets that no measures have been taken by the Government to implement the Committee’s recommendations. With regard to the deregistration of the Karachi Shipyard Labour Union (KSLU), the Committee, referring to the previous examination of this case [see para. 1032], once again emphasizes that civilian workers in the manufacturing establishments of the armed forces should have the right to establish organizations of their own choosing without previous authorization, in conformity with Convention No. 87 [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 227]. It further recalls that in Case No. 2229, mainly concerning the IRO 2002, the Committee stressed that the guarantee of the right of association should apply to all workers and that the members of the armed forces who can be excluded from the application of Convention No. 87 should be defined in a restrictive manner; civilian workers in the manufacturing establishments or other installations or services of the armed forces should have the right to establish and join organizations of their own choosing [see 330th Report, para. 941]. The Committee had previously concluded that the cancellation of the KSLU’s registration runs contrary to the freedom of association principles mentioned above. It therefore once again requests the Government to take the necessary measures to revoke the Registrar’s order, so as to reinstate the registration of the KSLU and of any other unions that may have been dissolved due to the administrative control of the enterprise concerned by the Ministry of Defence Production. The Committee requests the Government to keep it informed of the steps taken in this regard.
4. 207. With regard to the Committee’s requests to review and amend section 12(3) of the IRO 2002, so that the failure to seek or obtain collective bargaining agent status does not constitute grounds for the cancellation of a trade union’s registration, the Committee notes with regret that no information was provided by the Government. With reference to the abovementioned Case No. 2229 and the follow-up information submitted by the Government thereon, the Committee expresses the hope that section 12(3) will be amended along with other provisions of the IRO, as requested by the Committee, in the framework of the draft legislative amendments under way. It requests the Government to inform the Committee of Experts on the Application of Conventions and Recommendations, to which it refers the legislative aspects of this case, of the developments in this regard.
5. 208. The Committee regrets that no information was provided by the Government with regard to the Committee’s previous request to initiate an investigation into the obstacles to collective bargaining encountered by the KSLU during the period 2003–06 and to promote future collective bargaining with the union, if it still found to be representative of the workers at the Karachi Shipyard and Engg Works Ltd. The Committee emphasizes that the Government should recognize the importance for their own reputation of formulating detailed replies to the allegations brought by complainant organizations, so as to allow the Committee to undertake an objective examination [see Digest, op. cit., para. 24]. The Committee reiterates its previous request and strongly urges the Government to be more cooperative in the future.