Effect given to the recommendations of the committee and the Governing Body - Report No 331, June 2003

Case No 2158 (India) - Complaint date: 28-SEP-01 - Closed

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

1. 33. The Committee examined this case at its meeting in March 2003 and made the following recommendations on the allegations that remained pending [see 330th Report, para. 854]:
   • (a) The Committee requests the Government to provide information as to the nature of the three charges brought against the leader of the complainant organization and the outcome of the proceedings pending before the Jangipur Court.
   • (b) With regard to the six workers of the Pataka Biri Co. Ltd. who were dismissed in 1998:
     • – the Committee takes note of the reinstatement of one worker pursuant to a finding that his dismissal was on anti-union grounds;
     • – the Committee requests the Government to take all necessary measures as soon as possible to have the case of two dismissed apprentices examined as to its substance, and if dismissals are found to be on anti-union grounds, to ensure that these workers are reinstated in their jobs without loss of pay and to guarantee the application against the enterprise of corresponding legal sanctions. The Committee requests to be kept informed in this respect;
     • – the Committee notes that two appeals were rejected by reason of disciplinary offences and requests the Government to transmit the text of the judgment delivered, together with the grounds adduced therefore.
   • (c) With regard to the dismissal of nine workers only 45 days after requesting the enforcement of a ten-point list of demands, the Committee requests the Government to take all necessary measures as soon as possible with a view to the rapid conclusion of the proceedings pending before the Calcutta High Court and if the anti-union nature of the dismissals is confirmed, to rapidly take the necessary measures to ensure that these workers are reinstated in their jobs, without loss of pay, and that the enterprise faces the corresponding legal sanctions. The Committee requests to be kept informed in this respect.
   • (d) The Committee requests the Government to take all necessary measures as soon as possible to ensure that all other allegations concerning acts of anti-union discrimination and intimidation, including the imprisonment of the trade union leader for a second time, the retrenchment of eight workers, threats, harassment and pressure to quit the union, are investigated by a high-ranking independent body which, in addition to being speedy and impartial, is also seen to be such by the parties concerned, and under guarantees which enable the parties to participate in the procedure in an appropriate and constructive manner. The Committee requests to be kept informed in this respect.
2. 34. In its response provided on 27 March 2003, the Government states that the leader of the complainant organization, Ashique Hossain, was murdered on 25 June 2002 and that the case is under investigation. With regard to the three charges previously brought against the late Ashique Hossain, the Government states that he was accused of attempted robbery and criminal breach of trust, on the basis of complaints lodged by his wife on 28 March 2000, and for rape, on the basis of complaints lodged by a female person on 14 April 2000. He was arrested the same day and was released on bail after 72 days of custody. Finally, the late Ashique Hossain and eight other persons were accused of criminal conspiracy/promotion of enmity between different groups on grounds of religion, race etc./sale etc. of obscene books, on the basis of complaints lodged by the General Manager of Pataka Beedi Co. on 12 December 2001. More specifically, on that day, while prayer was going on near the office building of Pataka Beedi Co., the late Ashique Hossain and his supporters raised slogans against the owners of the company, inciting communal disharmony between Hindu and Muslim workers of the company. On the basis of this complaint, the late Ashique Hossain was arrested for a second time along with another person and was released on bail the same day.
3. 35. The Government also states that one of the most senior Additional Labour Commissioners was deputed to Murshidabad to gather facts and to look into the grievances of the workers promptly and in an impartial manner and to initiate immediate measures to safeguard the rights of trade unions. He held one round of discussions in Berhampore on 28 February 2003. Moreover, the Labour Commissioner, Government of West Bengal, will be closely monitoring further developments.
4. 36. In addition to this, the Deputy Labour Commissioner, Murshidabad, has been directed to examine the circumstances of the dismissal of two apprentices and in case it appears that they were based on anti-union grounds, to take steps so that these workers are reinstated forthwith.
5. 37. Finally, the Government states that the proceedings in the case of nine dismissed workers are still pending before the Calcutta High Court and that a senior officer of the Labour Directorate has been entrusted with the responsibility of taking all possible steps to expedite the case.
6. 38. The Committee deplores the murder of the leader of the complainant organization, Ashique Hossain, and the fact that this murder was communicated by the Government with considerable delay. The Committee emphasizes that the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events [Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 51]. The Committee urges the Government to institute an independent judicial inquiry in order to shed full light on the facts and the circumstances in which the murder of trade union leader Ashique Hossain occurred, determine where responsibilities lie and punish the guilty parties, and to keep it informed in this respect. The Committee also requests the Government to provide information on the actual situation of the complainant organization.
7. 39. The Committee notes that most of the charges brought against Ashique Hossain were not related to trade union activities. The Committee notes, however, that the latest charge was based on a complaint filed by the General Manager of Pataka Beedi Co. against Ashique Hossain and eight other persons. The Committee requests the Government to indicate whether proceedings have been initiated against the eight persons who were accused along with Ashique Hossain and if this is the case, to keep it informed of developments in this case and provide it with a copy of the court ruling as soon as it becomes available.
8. 40. The Committee notes the Government’s statement that under the supervision of the Labour Commissioner, Government of West Bengal, a senior public official has undertaken an impartial investigation and held one round of discussions on the allegations contained in the complaint. However, the Government does not inform the Committee of the result of such discussions. The Committee hopes that the investigation of allegations of serious acts of anti-union discrimination, including threats of damaging the union office and harassment and pressure on members to quit the union, will be concluded in the shortest possible time. The Committee requests the Government to keep it informed of the progress of the investigation and to transmit a copy of the report once it is adopted.
9. 41. The Committee notes the Government’s statement that it will examine the circumstances under which two apprentices were dismissed and, if it is found that the dismissals were based on anti-union grounds, will take steps to reinstate the workers. The Committee requests the Government to ensure that the investigation of this issue is concluded in the shortest possible time and to keep it informed of developments.
10. 42. With respect to the case of nine workers who were dismissed only 45 days after requesting the enforcement of a list of demands, the Committee observes that the proceedings are still pending before the Calcutta High Court and that a senior officer of the Labour Directorate has been entrusted with taking all possible steps to expedite the case. The Committee requests the Government to keep it informed of the progress of the proceedings before the Calcutta High Court and if the anti-union nature of the dismissals is confirmed, to rapidly take all necessary measures to ensure that these workers are reinstated in their jobs, without loss of pay, and that the enterprise fully conforms with the court judgement rendered, including all remedies that may be imposed.