Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - India (Ratification: 1978)

The Committee notes the observations made by the Centre of Indian Trade Unions (CITU) in its communication to the ILO in July 1998, a copy of which was transmitted to the Government. The CITU reiterates its previous observations concerning the irregularity with which tripartite consultations are held, particularly in the Tripartite Committee on Conventions. The Government is requested to make the comments that it considers appropriate on the observations of the CITU. It is also requested to provide detailed information in its next report in reply to the matters raised in the Committee's previous observation, which read as follows:

1. The Committee has noted the Government's last report and the communication sent to the ILO in August 1997 in response to its previous observation. The Committee also notes the observations made by the Standing Conference of Public Enterprises (SCOPE), the Indian National Trade Union Congress (INTUC), the trade union organization Hind Mazdoor Sabha (HMS) and the Centre of Indian Trade Unions (CITU), together with the Government's responses.

2. In its communication the Government indicates that the representative organizations of employers and workers are regularly consulted on various matters relating to the standards and activities of the ILO, in particular those laid down in Article 5, paragraph 1(a) and (c), of the Convention. Following consultations, the Government is preparing to ratify certain ILO Conventions, in particular the priority Conventions Nos. 105 and 122, and also Convention No. 127. Finally, the Government indicates that in view of the numerous political changes which have occurred in India from 1996 to the beginning of 1997, it has been difficult to undertake tripartite consultations during this period, in particular within the Tripartite Committee on Conventions which is in fact scheduled to meet soon.

3. In its observation, SCOPE indicates that the Convention is applied in a satisfactory manner. The observation made by INTUC pertains to the preparation of reports to be submitted to the ILO. The trade union organization suggests to the Government that it should consult the representative organizations of employers and workers, before sending the final versions of reports. In its observation, the CITU repeats its previous comments regarding the irregular nature of the tripartite consultations, in particular those relating to the application of ILO standards, despite the comments made by the Committee. In its responses, the Government indicates that consultation with union organizations in the preparation of reports to be submitted to the ILO is an obligation emanating from the provisions of the ILO Constitution. It adds that in practice consultations on the ILO's activities follow a well established procedure. The questionnaires on the items included in the agenda of the International Labour Conference are sent to the representative organizations. Their comments are forwarded to the ILO or attached to the Government's reports. In this regard, copies of the reports sent to the ILO are systematically forwarded to them.

4. The Committee invites the Government to provide details, in its next report, of the activities undertaken as a result of the concerns expressed by the union organizations. In addition, it requests the Government to furnish more detailed information on the consultations undertaken not only within the Tripartite Committee on Conventions, but also on each of the matters provided for in Article 5, paragraph 1, of the Convention.