Effect given to the recommendations of the committee and the Governing Body - Report No 350, June 2008

Case No 2402 (Bangladesh) - Complaint date: 20-DEC-04 - Closed

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

1. 31. The Committee examined these cases, which concern the alleged anti-union discrimination and intimidation of trade union members and leaders of the Bangladesh Diploma Nurses Association (BDNA), at its June 2007 meeting [see 346th Report, paras 20–27]. On that occasion, the Committee deeply regretted that the Government had maintained its appeal against the reinstatement of Ms Bhattacharjee, without making an attempt to carry out an independent investigation into the circumstances of her dismissal. It strongly urged the Government to conduct independent investigations into all allegations of anti-union discrimination suffered by the officials and members of the BDNA, including the dismissal of Ms Bhattacharjee, the disciplinary proceedings brought against seven trade union leaders of the BDNA (Manimala Biswas, Akikara Akter, Kohinur Begum, Khadabox Sarker, Delwara Chowdhury, Jasmin Uddin and Provati Das) and the transfer of Sabina Yaesmin and Md. Sazzad Hossanin and ten senior trade union leaders of the BDNA, as alleged by the complainant in Case No. 2402. The Committee further requested the Government to transmit copies of the decision of the Appellate Division of the Supreme Court in respect of the transfer of four nurses, leaders of the BDNA (Ms Krishna Beny Dey, Ms Israt Jahan, Mr Golam Hossain and Mr Kamaluddin) and the decision of the Appellate Division in respect of the dismissal of Ms Bhattacharjee, as well as to provide information in respect of the warnings issued to ten union officials of the BDNA executive committee and the Committee’s recommendation that the Government give appropriate directions to the management of Shahid Sorwardi Hospital so that these warnings are withdrawn.
2. 32. By its communication dated 28 February 2008, the Government transmits a copy of an order issued on 25 September 2007 by the Appellate Division of the Supreme Court in civil appeal brought by the Government of Bangladesh against the reinstatement of Ms Bhattacharjee. According to the said order, the Court allowed three weeks time “to put in the requisites under report, failing which, the appeal [would] stand dismissed”. The Government further transmits copies of four orders dated 13 December 2004 issued by the same court in civil petitions for leave to appeal in relation to the transfers of Ms Krishna Beny Dey, Ms Israt Jahan, Mr Golam Hossain and Mr Kamaluddin.
3. 33. While noting the Court orders relating to the five leaders of the BDNA, the Committee regrets that no additional information has been provided by the Government either as to the outcome of the independent investigations to be carried out into all allegations of anti-union discrimination suffered by the officials and members of the BDNA, or in respect of the warnings issued to ten union officials of the BDNA executive committee by the management of Shahid Sorwardi Hospital. The Committee notes from the order issued by the Appellate Division on 25 September 2007 that the Government’s appeal against the lower court order reinstating Ms Bhattacharjee would stand dismissed should the Government not provide the requisites under report within three weeks. The Committee therefore requests the Government to indicate the status of the appeal and, should it be dismissed finally and definitely, to take all necessary measures for the immediate reinstatement of Ms Bhattacharjee with full payment of lost wages and to keep it informed in the progress made in this regard.
4. 34. The Committee further strongly urges the Government once again to institute independent investigations into the dismissal of Ms Bhattacharjee, the disciplinary proceedings brought against seven trade union leaders of the BDNA (Manimala Biswas, Akikara Akter, Kohinur Begum, Khadabox Sarker, Delwara Chowdhury, Jasmin Uddin and Provati Das) and the transfer of Sabina Yaesmin and Md. Sazzad Hossanin and ten senior trade union leaders of the BDNA without delay and to transmit detailed information on their outcome. If these allegations are found to be true, the Committee urges the Government to take all measures necessary to redress the anti-union discrimination and to provide appropriate remedy for the damages suffered. In particular, the Committee requests the Government to indicate any impact that the transfers of Ms Krishna Beny Dey, Ms Israt Jahan, Mr Golam Hossain and Mr Kamaluddin had had on their capacity to carry out their trade union activities and the remedial measures taken and to confirm whether the warnings issued to ten union officials of the BDNA executive committee by the management of Shahid Sorwardi Hospital have now been effectively withdrawn.