Effect given to the recommendations of the committee and the Governing Body - Report No 335, November 2004

Case No 2188 (Bangladesh) - Complaint date: 19-MAR-02 - Closed

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

1. 23. The Committee last examined this case at its November 2003 session [see 332nd Report, paras. 13-15]. On that occasion, in relation to the case of Ms. Taposhi Bhattachajee, the Committee strongly hoped that the Appellate Division of the Supreme Court would issue a judgement confirming the High Court decision reinstating her in her job with full benefits and requested the Government to provide it with a copy of the judgement once issued. In relation to the warnings issued to ten members of the trade union executive committee for legitimate trade union activities, the Committee once again urged the Government to give appropriate directions to the management of the Shahid Sorwardi Hospital so that these warnings are withdrawn from their personal files, and requested to be kept informed in this respect.
2. 24. In a communication dated 3 July 2004, the Government stated that, in accordance with the verdict passed by the High Court Division of the Supreme Court of Bangladesh, Ms. Bhattachajee was reinstated in her job with full benefits.
3. 25. In relation to the case of Ms. Bhattachajee, the Committee notes the information provided by the Government confirming that Ms. Bhattachajee was reinstated with full benefits following the decision of the High Court Division of the Supreme Court. The Committee regrets to note, however, that this appears to be the same court decision referred to in the Government’s earlier communications, in respect of which the Government had advised the Committee on 6 September 2003 that it had instigated an appeal and so the case was still pending.
4. 26. For that reason, the Committee requests the Government to clarify whether the case of Ms. Bhattachajee has been finally determined by the Appellate Division of the Supreme Court of Bangladesh, or whether the Government’s appeal against the High Court Division’s decision of reinstatement is still pending. If the case is still pending, the Committee requests the Government to provide it with a copy of the decision once it is issued and to keep it informed in this regard.
5. 27. In relation to the warnings issued to the ten union officials, the Committee notes that it has not been provided with any further details and once again urges the Government to give appropriate directions to the management of the Shahid Sorwardi Hospital so that these warnings are withdrawn, and to keep it informed in this respect.