Effect given to the recommendations of the committee and the Governing Body - Report No 326, November 2001

Case No 1890 (India) - Complaint date: 29-MAY-96 - Closed

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

1. 96. The Committee last examined this case concerning the dismissal of Mr. Laximan Malwankar, President of the Fort Aguada Beach Resort Employees’ Union (FABREU), the suspension or transfer of 15 FABREU members following strike action, and refusal to recognize the most representative workers’ organization for collective bargaining purposes [see 324th Report, paras. 56-58].
2. 97. In communications dated 17 July and 21 August 2001, the Government repeats its previous information according to which two inquiries, in respect of Mr. Sitaram Rathod and Mr. Shyam Kerkar, are still in progress. With regard to the second group of seven workers suspended pending inquiry, the Government indicates that only two inquiries, in respect of Mr. Ambrose D’Souza and Mr. Mukund Parulekar, are still in progress. As regards the case of Mr. Malwankar, the Government states that adjudication proceedings are in progress. The next date for hearings is fixed for 9 October 2001. Further developments will be intimated by the Government in due course.
3. 98. The Committee takes note of the information provided by the Government. It recalls that this case related to various acts of harassment and anti-union discrimination carried out against the President of FABREU, Mr. Malwankar, from 1992 to 1994, which culminated in the dismissal of this trade union leader in January 1995 and the suspension or transfer of FABREU members in April 1995 following strike action in the hotel industry which was declared a public utility service and thus referred to the Industrial Tribunal, contrary to the principles of freedom of association since the hotel industry is not an essential service in which the strikes can be prohibited [see 307th Report, paras. 366-375]. The Committee must once again deeply deplore the fact that the events to which the various proceedings and inquiries are related occurred in 1995 and earlier on. With respect to Mr. Malwankar, the Committee once again expresses the firm hope that the court proceedings will be expedited and requests the Government to continue to keep it informed of the outcome thereof. Furthermore, the Committee once again requests the Government to continue to keep it informed of the outcome of the inquiries in respect of Messrs. Sitaram Rathod, Shyam Kerkar, Ambrose D’Souza and Mukund Parulekar.