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- 64. The Committee last examined this case, which concerns alleged
anti-union discrimination including dismissals, the suppression of a strike by the
police and refusal to negotiate at the Worldwide Diamond Manufacturers Ltd (situated in
the export processing zone (EPZ) of Visakhapatnam in Andhra Pradesh) and alleged
dismissals and suspensions at the Synergies Dooray Automotive Ltd, at its November 2012
meeting [see 365th Report, paras 69–78]. On that occasion, the Committee:
- (a) Noted the reference to 27 cases of the alleged cases of
anti-union discrimination, which, according to the Government, the industrial
tribunal-cum-labour court Visakhapatnam has dismissed, and requested the Government
to provide copies thereof. Recalling that there were about 38 cases in total, the
Committee requested the Government to provide information on the resolution of the
remaining cases.
- (b) As regards the question of
restrictions on the right to collective bargaining of workers in the VEPZ and on the
right of the Visakhapatnam Export Processing Workers’ Union to take part in
negotiations with the management of the Worldwide Diamonds Manufacturers Ltd, once
again requested that the Government provide a copy of the minutes of the joint
meeting held on 3 September 2004 that led to the lifting of the employer’s lockout.
The Committee also requested the Government to provide information on the evolution
of collective bargaining and to send any agreement reached by the parties.
- (c) Repeated its request that the Government take all necessary
measures, including amending the Industrial Disputes Act of 1947, so as to ensure
that suspended workers as well as trade unions could approach the court directly,
without being referred by the state government.
- (d) Noted
the Government’s indication that the workers dismissed from the Synergies Dooray
Automotive Ltd have approached the industrial tribunal-cum-labour court and
requested the Government to provide a copy of the judgment once it has been handed
down. It also requested the Centre of Indian Trade Unions (CITU) – the complainant
in this case – to keep it informed in this respect.
- 65. By its communications dated 19 February and 16 May 2013, the
Government forwards copies of 39 decisions of the industrial tribunal-cum-labour court
Visakhapatnam, which dismissed the respective complainants’ petitions for reinstatement
at the Worldwide Diamonds Manufacturers Ltd.
- 66. With regard to recommendation (b), the Government indicates that
according to the information provided by the Development Commissioner, Visakhapatnam
Special Economic Zone, the minutes of the meeting held on 3 September 2004 that led to
the lifting of the employer’s lockout are not available in the office records. Various
other state authorities have been already addressed with a request to submit the
same.
- 67. The Government further reiterates the information it had previously
provided on the amendment to section 2A of the Industrial Disputes Act, 1947, pursuant
to which, a worker can directly make an application to the labour court or tribunal for
adjudication of the dispute where it involves discharge, dismissal, retrenchment or
termination of service after the expiry of three months from the date he or she has made
an application to the conciliation officer of the appropriate government for
conciliation of the dispute, and the labour court or tribunal shall have the power and
jurisdiction to adjudicate upon such dispute, as if it were a dispute referred to it by
the appropriate government and all the provisions of the Act shall be applicable.
- 68. The Committee notes the decisions of the industrial
tribunal-cum-labour court, Visakhapatnam in 39 cases dismissing petitioners’ requests
for reinstatement, which do not appear to be in violation of freedom of association
principles.
- 69. The Committee deeply regrets that the Government is not in a position
to provide a copy of the minutes of a joint meeting held on 3 September 2004 that led to
the lifting of the lockout at the Worldwide Diamonds Manufacturers Ltd. It further
regrets that the Government provides no information as to whether workers of this
enterprise can engage in collective bargaining with the management. It therefore once
again requests the Government to provide information thereon, together with a copy of a
collective bargaining agreement, should such exist.
- 70. The Committee further regrets that the Government has provided no new
information regarding its request to amend the Industrial Disputes Act of 1947 so as to
ensure that suspended workers as well as trade unions could approach the court directly,
without being referred by the state government. The Committee recalls that acts of
anti-union discrimination may vary in nature and that they are not confined to
discharge, dismissal, retrenchment or termination of service, but that they also include
all actions taken in retaliation against a worker exercising trade union activities,
such as suspension. A worker victim of this kind of act should have access to direct
means of redress which are expeditious, inexpensive and fully impartial. Therefore, the
Committee reiterates its request to amend the legislation so as to ensure that suspended
workers as well as trade unions may approach the court directly on all issues of alleged
anti-union discrimination. The Committee invites the Government to consider having
recourse to the technical assistance of the ILO and requests it to keep the Committee
informed of developments as regards this matter.
- 71. The Committee notes that no new information has been provided by the
Government or by the Centre of Indian Trade Unions (CITU) on the decision by the
industrial tribunal-cum-labour court concerning workers dismissed from the Synergies
Dooray Automotive Ltd. It once again requests the Government to provide a copy of the
judgment once it has been handed down and reiterates its request to the CITU to keep it
informed in this respect.
