Effect given to the recommendations of the committee and the Governing Body - Report No 344, March 2007

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

1. 136. The Committee examined this case, which concerns allegations of illegal detention of trade union leaders and violations of the right to collective bargaining as well as acts of intimidation, harassment and anti-union dismissals in the Pearl Continental Hotels, at its meeting in June 2003 [331st Report, paras 624–642] and requested the Government to instruct the competent labour authorities to rapidly undertake an in-depth investigation of the anti-union dismissals at the Karachi Pearl Continental Hotel and, if it is found that there has been anti-union discrimination, to ensure that the workers concerned are reinstated in their posts, without loss of pay. It further requested the Government to rapidly carry out an inquiry into the alleged beatings of Messrs Aurangzeg and Hidayatullah on 6 July 2002 at the police station, to keep it informed of the results of that inquiry, and to give appropriate instructions to police forces, to prevent the repetition of such acts. Finally, the Committee requested the Government to provide a copy of the court decision concerning the unfair labour practice procedure related to the go-slow tactics in December 2001.
2. 137. In a communication dated 24 June 2005, the Government recalled that the management of Pearl Continental Hotel, Karachi, has retrenched 318 employees due to restructuring. In this connection, a number of informal meetings were conducted to resolve the issue and the Labour Department was successful in bringing both the parties to the negotiation table. The Government assured that there would be no discrimination whatsoever against the trade unionists and due process of law would be fully guaranteed. Some workers were arrested for arson. As it was a criminal complaint, the Labour Department had no power to intervene. However, it was ensured that the status of the union would remain unaffected. Since the accused resisted at the time of arrest, the police authorities had to use force. However, later on no coercive action was taken during detention. The management of the Pearl Continental Hotel submitted an application to the Director, Labour Sindh/Registrar of Trade Unions, Sindh, on 28 December 2001, against the office bearers and members of the union. As per the contention of the management, the employees had started resorting to go-slow tactics. The case is still sub-judice. As soon as the decision is announced, it will be provided to the Committee. The Government concludes that it cannot be said that it is not fulfilling its due role in protecting the workers’ rights or that the case relates to activities against freedom of association.
3. 138. In a communication dated 6 October 2006, the Government adds that the case was taken up with the management of Pearl Continental Hotel, Karachi, which provided the following update: (a) the criminal complaint filed by the Registrar of Trade Unions, Government of Sindh, Karachi, before the Sindh Labour Court, Karachi, against the trade union for commission of various crimes included a request for cancellation of registration of the union. This case went before the Sindh High Court, Karachi, and was remanded back to the Trial Court for hearing in accordance with the provisions of the Code of Criminal Procedure 1898 of Pakistan. This case is pending before the Sindh Labour Court, Karachi; (b) criminal complaints have been filed by the complainant trade union against the hotel for non-payment of their office rent and not deducting the subscriptions from the wages of the workers under the check-off system. Neither did the complainant trade union enjoy the status of a collective bargaining agent under the law at the relevant time nor had any worker made a request for affecting the check-off system; these cases are sub-judice before the courts; (c) the management of the hotel lodged a complaint with the police against unknown persons, with regard to the fire incident in the hotel. After investigation, the police found that some of the office bearers of the complainant trade union were involved in this crime. The case is sub-judice before the District and Session Judge, Karachi, and accused persons are on bail; and (d) cases are pending before the courts for and against the trade union for breach of settlement. The fact is that the complainant trade union does not enjoy the status of representative union under the enabling provisions of the law, on the one hand, and, on the other hand, it has been involved in the violation of the various provisions of the law and has filed a false complaint with a view to getting rid of the consequential effects of their crimes. These cases are pending before the courts.
4. 139. The Committee notes that various cases between the parties in this case are pending before the courts (criminal complaint filed by the Registrar of Trade Unions before the Sindh Labour Court asking for the cancellation of the registration of the union; criminal complaints filed by the complainant against the hotel for non-payment of office rent and not deducting subscriptions under the check-off system; complaint lodged by the management with regard to the fire incident in the hotel; and cases for and against the trade union for breach of settlement). In that respect, the Committee notes that, although the Government provides assurances to the Committee that due process of law will be fully guaranteed to trade unionists in the framework of the various pending cases, it also states, prior to any final judicial decision, that the complainant trade union has been involved in violations of various provisions of the law and filed a false complaint with a view to getting rid of the consequences of its crimes. The Committee emphasizes that any trade unionist who is arrested should be presumed innocent until proven guilty after a public trial during which he or she has enjoyed all the guarantees necessary for his or her defence [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 117]. Noting that the Registrar has asked the courts to pronounce themselves on the cancellation of the trade union, the Committee emphasizes that to deprive many workers of their trade union organizations because of a judgement that illegal activities have been carried out by some leaders or members constitutes a clear violation of the principles of freedom of association [see Digest, op. cit., para. 692]. Recalling, moreover, that the facts of this case date as far back as 2001, it emphasizes that justice delayed is justice denied [see Digest, op. cit., para. 105]. The Committee requests the Government to keep it informed of the progress of all judicial proceedings (including on the unfair labour practice procedure related to the go-slow tactics in December 2001) and to transmit the judgements as soon as they are handed down. It expresses the firm hope that the relevant proceedings will be concluded without further delay and that guarantees of due process will be fully afforded to trade unionists, as any other person.
5. 140. The Committee further notes that, according to the Government, some trade unionists were beaten by the police since they resisted arrest. However, later on no coercive action was taken during detention. The Committee notes with regret that the Government does not indicate whether an investigation was carried out in this respect. The Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and that it is for governments to ensure that this principle is respected [see Digest, op. cit., para. 44]. In cases of alleged ill-treatment while in detention, governments should carry out inquiries into complaints of this kind so that appropriate measures, including compensation for damages suffered and sanctioning those responsible, are taken to ensure that no detainee is subject to such treatment. The Committee therefore requests the Government to rapidly carry out an independent inquiry into the alleged beatings of Messrs Aurangzeg and Hidayatullah on 6 July 2002 at the police station, to keep it informed of the results of that inquiry, and to give appropriate instructions to police forces, to prevent the repetition of such acts.
6. 141. The Committee finally notes with regret that the Government does not provide any information as to an in-depth investigation of the allegations of anti-union dismissals at the Karachi Pearl Continental Hotel. The Committee once again requests the Government to instruct the competent labour authorities to rapidly undertake an in-depth investigation of the anti-union dismissals at the Karachi Pearl Continental Hotel and, if it is found that there has been anti-union discrimination, to ensure that the workers concerned are reinstated in their posts, without loss of pay.