Effect given to the recommendations of the committee and the Governing Body - REPORT_NO368, June 2013

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

1. 70. The Committee last examined this case at its May–June 2012 meeting, when it made the following recommendations [see 364th Report, paras 772–788]:
   • (a) Observing the recent adoption of the Industrial Relations Act (IRA) 2012 on 14 March 2012, which has avoided the expiration of the NIRC and of the legal status of national and industry-wide trade unions, the Committee expects that the union will be registered without delay under this new legislation and requests the Government to keep it informed of developments.
   • (b) In view of the NIRC injunction orders for the protection of the Bank trade union officials and members and that these employees have nevertheless remained without remedy for over seven years, the Committee firmly urges the Government to take the necessary steps for their immediate reinstatement pending any remaining judicial decisions and to keep it informed of the progress made in this regard.
2. 71. In its communication dated 11 December 2012, as concerns recommendation (a), the Government indicates that, following the decision of the Islamabad High Court (Inter Court of Appeals ICA 44-55/2012), the National Industrial Relations Commission (NIRC) has registered the Bank of Punjab Employees Union of Pakistan on 18 June 2012 under the Industrial Relations Act (IRA) 2012 and that the union has applied for referendum proceedings which are under process with the NIRC.
3. 72. As regards recommendation (a), the Committee notes with satisfaction that the Bank of Punjab Employees Union of Pakistan was registered under Industrial Relations Act (IRA) 2012 on 18 June 2012 and that it has applied for referendum proceedings with the NIRC. It expects that the workers were able to elect their representatives in full freedom and trusts that the union is now able to carry out its activities without interference by the employer, in accordance with Conventions Nos 87 and 98, ratified by Pakistan.
4. 73. The Committee notes with regret, however, that the Government has not provided any information in relation to recommendation (b). The Committee, therefore, once again firmly urges the Government to take the necessary steps for the immediate reinstatement of the dismissed Bank trade union officials and members, pending any remaining judicial decisions, and to once again keep it informed of the progress made in this regard.