Effect given to the recommendations of the committee and the Governing Body - Report No 392, October 2020

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

1. 110. The Committee examined this case, in which the complainant alleged anti-union dismissals and anti-union tactics by the management of the Pakistan Telecommunication Company Ltd and the Government’s inability to protect the employees, at its March 2016 meeting [see 377th Report, paras 397−418] and on that occasion it formulated the following recommendations:
   • (a) The Committee requests the Government to take all appropriate measures, in order to avoid a denial of justice, to ensure that the remaining pending cases are concluded without delay. It requests the Government to keep it informed in this respect.
   • (b) The Committee requests the Government and the complainant to provide detailed information on the number of dismissed/terminated and suspended trade unionists in relation to the events alleged in this case, and their current employment status.
2. 111. In a communication dated 4 February 2020, the Government reports that in six of the cases filed by the employees against the company, the petitioners have been reinstated with all consequential benefits, including back benefits, as of 3 May 2019. It further reports that another petitioner has been ensured by the respondent that he would be paid pension and other dues; he hence requested for his case to be withdrawn on 5 May 2019. The Government also indicates that one of the petitioners passed away and his case has therefore been disposed of as his widow has received all consequential benefits.
3. 112. The Government further indicates that according to the company management, the latter encourages healthy trade union activities but in cases where employees are involved in criminal and other subversive activities and against the business and general reputation of the enterprise, they are treated in accordance with the law. The management further indicates that the majority of the cases have been settled with the mutual consent of the employees and their representatives. However, it has challenged some cases decided by the National Industrial Relations Commission (NIRC), which are now pending for adjudication by the Islamabad High Court with a direction by court to maintain status quo in the matter vide orders dated 16 October 2019.
4. 113. The Committee notes the information provided by the Government regarding the reinstatement of six workers and settlement reached with some of the dismissed employees. It observes, however, that some other cases of dismissal are still pending. Recalling that cases concerning anti-union discrimination should be examined rapidly, so that the necessary remedies can be really effective, the Committee requests the Government to take all appropriate measures to ensure that the remaining pending cases are concluded without delay, and requests the Government to keep it informed in this respect. It further once again requests the Government and the complainant to provide detailed information on the number of dismissed/terminated and suspended trade unionists in relation to the events alleged in this case which are still pending.