Effect given to the recommendations of the committee and the Governing Body - Report No 332, November 2003

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

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

1. 13. The Committee examined this case on the merits at its November 2002 session [see 329th Report, paras. 194-216]. On that occasion it requested the Government to provide a copy of the High Court decision concerning Ms. Taposhi Bhattachajee, a trade union leader who had been dismissed, and a copy of the final decision on her case; the Committee also requested the Government to take all measures to ensure that she be definitely reinstated in her job, and urged it to give appropriate directions to the management of the hospital where anti-union discrimination acts had taken place, so that warnings issued to ten members of the trade union executive committee be withdrawn.
2. 14. In a communication dated 6 September 2003, the Government indicates that the High Court Division of the Supreme Court of Bangladesh has decided that Ms. Taposhi Bhattachajee had been dismissed without any lawful authority and that her dismissal had no legal effect; she was therefore reinstated and is now enjoying all her legal service benefits. However, the Government has appealed to the Appellate Division of the Supreme Court, where the case is pending.
3. 15. The Committee takes note of this information. As regards the case of Ms. Taposhi Bhattachajee, the Committee strongly hopes that the Appellate Division of the Supreme Court will issue a judgement in conformity with freedom of association principles confirming the High Court decision reinstating her in her job with full benefits; it requests the Government to provide it with a copy of the judgement once it is issued. As regards the warnings issued to ten members of the trade union executive committee for acts which constitute legitimate trade union activities, the Committee urges once again the Government to give appropriate directions to the management of the Shahid Sorwardi Hospital so that all these warnings be withdrawn from their personal files, and to keep it informed in this respect.