Effect given to the recommendations of the committee and the Governing Body - Report No 360, June 2011

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

1. 89. The Committee last examined this case at its meeting in June 2010 [see 357th Report, paras 67–69]. On that occasion, the Committee strongly urged the Government to institute an independent inquiry into the alleged acts of anti-union discrimination against trade union officers of the Employees’ Old-Age Benefits Institution (EOBI) Employees’ Federation of Pakistan and to take the necessary measures to fully redress those acts, should they be proven to be true.
2. 90. In a communication dated 25 February 2011, the Government indicates that the National Industrial Relations Commission (NIRC) has conducted an independent inquiry and determined the following. The EOBI Employees’ Federation applied for an approval of change of its office bearers. The application was denied as this category of workers was excluded from the purview of the Industrial Relations Ordinance (IRO) 2002. The EOBI Employees’ Federation then filed a writ petition which is still pending before the Sindh High Court in Karachi. The Government further indicates that since then, the IRO 2002 was repealed by the Industrial Relations Act (IRA) 2008, which allowed employees of the EOBI to form the union of their choice and gave them the right to collective bargaining and the right to strike. Therefore, the EOBI Employees’ Federation is now at liberty to apply for registration with the NIRC under the IRA 2008, which “shall hold ground until 30 June 2011”. Finally, the Government indicates that the inquiry revealed no acts of antiunion discrimination.
3. 91. The Committee notes the information provided by the Government regarding the findings of an independent inquiry carried out by the NIRC, and, in particular, that the allegations of anti-union discrimination have not been confirmed. It requests the Government to provide a copy of the findings. Further noting the information provided by the Government on the issue of registration of the EOBI Employees’ Federation and recalling that it had dealt with the legislative changes that have occurred in Pakistan in case No. 2799 [see 359th Report, paras 970–991] and that the Committee of Experts on the Application of Conventions and Recommendations dealt with the same at its November–December 2010 session, the Committee requests the Government to indicate whether EOBI Employees’ Federation has been registered, can function freely and enjoys collective bargaining rights.