Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

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

1. 161. The Committee last examined this case concerning a ban on trade union rights and activities at the Karachi Electric Company Ltd Supply Corporation (KESC) at its March 2008 meeting [349th Report, paras 197–199]. On that occasion, it requested the Government to keep it informed of the outcome of the referendum for determining the collective bargaining agent (CBA) due to take place at KESC.
2. 162. In a communication dated 28 June 2008, the complainant states that the Government has not taken any action to resolve the present case. The Ministry of Labour, Manpower and Overseas Pakistanis should have passed the case on to the Chairperson of the National Industrial Relation Commission (NIRC) to decide the matter after notice was given to the concerned parties, but has failed to do so.
3. 163. In its communication dated 1 November 2008, the Government indicates that the referendum was scheduled for 25 November 2006, with the consent of all the unions taking part in the referendum. However, the referendum could not be held due to the issuance of a prohibitory order by the Chairperson of the NIRC. According to the Government, another hurdle in the referendum was that the KESC Democratic Mazdoor Union moved an application before the Chairperson of the NIRC to grant the right to vote to the contract employees. The Chairperson of the NIRC allowed the contract workers to take part in the referendum. The management of the KESC filed an appeal against the order of the Chairperson of the NIRC before the full bench of the NIRC. On 15 May 2008, the appeal was dismissed and the management of the KESC filed a writ petition before the Honourable Sindh High Court at Karachi. Therefore, the referendum is still pending, given the aforementioned reasons.
4. 164. The Committee takes note of the information provided by the complainant and the Government. It recalls that it has been requesting the Government to restore collective bargaining to the KESC Democratic Mazdoor Union since this case was examined for the first time in 2000, that for over eight years, there has been no collective bargaining agent at the KESC and that for at least the past three years, the question of holding a collective bargaining agent referendum has been pending before the various courts and the NIRC. The Committee recalls that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 105]. It further recalls that the ultimate responsibility for ensuring respect for the principles of freedom of association lies with the Government [see Digest, op. cit., para. 17] and that this responsibility must be respected by all state authorities including the judicial authorities. The Committee therefore urges the Government, who is also one of the KESC shareholders, to ensure that a referendum for determining the CBA can take place without further delay and to keep it informed in this respect.