Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 342, Junio 2006

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

1. 110. The Committee examined this case at its November 2005 meeting [see 338th Report, paras. 959-983] and on that occasion it formulated the following recommendations:
   • (a) The Committee deeply regrets that, despite the time that has elapsed since the complaint was first presented, the Government has not replied to any of the complainants’ allegations. The Committee strongly urges the Government to be more cooperative in the future.
   • (b) The Committee recalls that public servants, other than those engaged in the administration of the State, should enjoy collective bargaining rights, and priority should be given to collective bargaining as the means to settle disputes arising in connection with the determination of terms and conditions of employment of public service. The Committee therefore requests the Government to take the necessary measures in order to ensure the application of this principle in Tamil Nadu.
   • (c) The Committee requests the Government to take the necessary measures to amend the Tamil Nadu Government Servants Conduct Rules and the Tamil Nadu Essential Services Maintenance Act so as to ensure that public servants, with the only possible exception of those exercising authority in the name of the State, and teachers may exercise the right to strike.
   • (d) The Committee requests the Government to give necessary instructions so as to ensure in the future that any police intervention is wholly proportionate to the threat to public order that may have been created by a strike action.
   • (e) The Committee requests the Government to give appropriate instructions to the police and the other competent authorities so as to obviate the dangers to freedom of association that such massive arrests and dismissals involve.
   • (f) The Committee requests the Government to review the matter of lost wages following the termination of the strike action, in consultation with the trade unions concerned, with a view to compensating the employees concerned for any damages suffered solely for the exercise of legitimate trade union activities and to keep it informed in this respect.
   • (g) The Committee urges the Government to take immediately the necessary measures so as to ensure the recognition of all associations of government employees and teachers, whose recognition was withdrawn as a sanction for their participation in the strike and to keep it informed of developments in this respect.
   • (h) The Committee urges the Government immediately to return the office building to the Tamil Nadu Secretariat Association and keep it informed in this respect.
   • (i) The Committee requests the Government to provide its comments on the complainant’s request concerning monetary compensation to the families of the 42 employees who had lost their lives.
   • (j) In order to ensure a sound and lasting labour relations environment, the Committee requests the Government to begin thorough consultations on the unsettled issues related to the terms and conditions of employment of government employees and teachers with the trade unions in this sector. The Committee requests the Government to keep it informed in this respect.
2. 111. In its communication dated 19 January 2006, the Government indicates that, in India, the government servants are treated as a separate category of workers. Article 311 of the Indian Constitution provides safeguards to civil servants in the form of a high degree of job security. At the same time, article 309 allows the State to impose certain restrictions upon fundamental rights of the civil servants. Given their special statute, the government servants in India cannot be given the right to collective bargaining and the right to strike. However, the government servants have access to alternative negotiation machinery in the form of a joint consultative body. They can also approach the administrative tribunals to seek redressal of their grievances.
3. 112. As concerns the strike carried out by the government employees in Tamil Nadu, the Government states that, following a meeting held with the representatives of government employees and teachers, the Government of Tamil Nadu has announced a package of measures which included annulment of punishments and withdrawal of the disciplinary cases against the employees who had participated in the strike. The period of strike from 5 to 24 July 2003 has now been treated as duty. This measure has benefited 165,533 persons. As a further measure of good will, the Government has decided that, except in respect of those employees and teachers who were dismissed from service and then reinstated, the period of absence from 25 July to 16 November and 30 December 2003 would be treated as duty for all other government employees and teachers. This measure would benefit 4,303 persons. With a view to promoting mutual understanding between the Government, government employees and teachers and with a view to building a constructive and meaningful future for people, the Government has issued an order seeking recognition of 37 public service associations. Moreover, the Service Delivery Improvement and Grievance Redressal Committees are being constituted both at the state level and at the district level to focus on both improvement of performance and efficiency as well as redressal of grievances for employees and teachers. Finally, the Government indicates that an option to carry over seven days of annual leave has now been restored.
4. 113. The Committee notes the information provided by the Government. It notes with interest the measures taken by the Government in consultation with the representatives of government employees and teachers. The Committee notes that these measures include the annulment of punishments and withdrawal of the disciplinary cases against the employees who had participated in the strike, the payment of lost wages following the termination of the strike action and the recognition of 37 associations of government employees and teachers.
5. 114. With regard to the Government’s statement on the right of government employees and teachers, the Committee refers to its previous examination of this case [see 338th Report, paras. 974-975] where it recalled to the Government that public servants, other than those engaged in the administration of the State, should enjoy collective bargaining rights, and priority should be given to collective bargaining as the means of settling disputes arising in connection with the determination of terms and conditions of employment of public service. Furthermore, teachers should be able to exercise the right to strike. The Committee therefore requested the Government to ensure the application of these principles and to amend the Tamil Nadu Government Servants Conduct Rules and the Tamil Nadu Essential Services Maintenance Act (TNESMA). The Committee reiterates its request and asks the Government to keep it informed of the measures taken in this respect.
6. 115. The Committee regrets that no information was provided by the Government in respect of the Committee’s previous request to return the office building to the Tamil Nadu Secretariat Association and on the complainant’s request concerning monetary compensation to the families of the 42 employees who had lost their lives and urges the Government to transmit this information without delay. While noting from the Government’s reply that an option concerning carry-over of annual leave has now been restored, the Committee, recalling that the strike was called to protest the state Government’s unilateral decision to withdraw pension benefits, requests the Government once again to indicate whether thorough consultations have been held in respect of this issue and whether any final agreement has been reached.