Report in which the committee requests to be kept informed of development - Report No 335, November 2004

Case No 2273 (Pakistan) - Complaint date: 30-MAY-03 - Closed

Allegations: The complainant alleges that the Army Welfare Trust ordered the dissolution of the Army Welfare Sugar Mills Workers’ Union (AWSMWU), instructed the union to cease its activities and told the managers not to have any relations or communications with the union

1. 1150. The International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Association (IUF) presented a complaint – on behalf of its affiliate, the Pakistan Sugar Mill Workers’ Federation (PSMWF) – in a communication dated 30 May 2003.
2. 1151. The Government forwarded its observations in communications dated 17 December 2003 and 1 September 2004.
3. 1152. The Committee has been obliged to postpone its examination of the case on two occasions [see 332nd and 333rd Reports, paras. 5 and 6, respectively]. At its meeting in May-June 2004 [see 334th Report, para. 9], the Committee issued an urgent appeal to the Government, indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the case at its next meeting even if the full observations requested had not been received in due time.
4. 1153. Pakistan has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 1154. In its communication dated 30 May 2003, the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Association (IUF) alleges that the management of the Army Welfare Sugar Mill ordered the dissolution of the Army Welfare Sugar Mills Workers’ Union (AWSMWU), one of the founding members of the Pakistan Sugar Mill Workers’ Federation (PSMWF), which in turn is an IUF affiliate, instructed the union to cease its activities and told the managers not to have any relations or communications with the union.
2. 1155. In particular, the IUF alleges that on 19 May 2003 the union office bearers were called to the office of the company general manger who showed them a confidential letter from the director of farms of the Head Office of the Army Welfare Trust (AWT) in which the latter noted that the Army Welfare Sugar Mill was the only enterprise of the AWT in which a union existed. The letter further noted that the sugar mill was running at a loss yet the union had continued to serve a charter of demands. Therefore, trade union activities in the factory could not continue and the union should be dissolved immediately. Pursuant to the letter, the general manager ordered the union to cease its activities and close down the union office. He further told the union office bearers that, if the union did not stop its activities, he would do so by force.
3. 1156. Following the refusal of the union officers to dissolve the union, the general manager convened a meeting of factory managers at which he instructed them not to have any relations or communications with the union officers.
4. 1157. Considering that the action of the AWT violated its right to freedom of association and section 63 of the Pakistan Industrial Relations Ordinance (IRO) of 2002, the AWSMWU sent protests to the Governor of Sindh, the Chief Minister of Sindh and the Provincial Minister of Labour, as well as to the President of Pakistan, the Prime Minister and the Federal Minister of Labour. As at the date of the complaint, no response was provided by the authorities to the union.

B. The Government’s replies

1. 1158. In its communication of 17 December 2003, the Government indicates that, in its letter dated 22 August 2003, the Army Welfare Trust (AWT) stated that it has not banned the union but only directed the management of the mill to take action against the collective bargaining agent pursuant to the laws of Pakistan on trade union activities.
2. 1159. The Government further indicates that the AWT is of an opinion that the Trust and its industrial units are exempted from the IRO 2002 (as they were from the IRO 1969), in conformity with the decision of the National Industrial Relations Commission of 3 July 2002 and the judgement of the Punjab Labour Appellate Tribunal of 6 December 2001. The Government also indicates that the matter regarding registration of the AWSMWU is before the appropriate legal forums.
3. 1160. In its communication of 1 September 2004, the Government indicates that the Labour Court No. 6 in Hyderabad, in its judgement of 7 August 2004, dismissed the case brought by the Registrar following the application of the Army Welfare Sugar Mills requesting to cancel registration of the Union. On that occasion, the Court declared the following: “since the services of the Army Welfare Sugar Mills are not exclusively connected with the armed forces, hence its employees having the fundamental right guaranteed by the Constitution of the Islamic Republic of Pakistan to form unions and that right cannot be snatched by mere fact that the mill is a subsidiary of the Trust”. The Government further indicates that the union elections were held in the Army Welfare Sugar Mills on 15 March 2004.

C. The Committee’s conclusions

1. 1161. The Committee notes that the complainant in this case alleges that, following the orders of the director of farms of the Head Office of the Army Welfare Trust (AWT), the management of the Army Welfare Sugar Mill ordered the dissolution of the Army Welfare Sugar Mills Workers’ Union (AWSMWU), instructed the union to cease its activities and close down the union office and told the managers not to have any relations or communications with the union.
2. 1162. The Committee notes with interest the Government’s reply contained in the communication of 1 September 2004 to the effect that the Labour Court considered that the services of the Army Welfare Sugar Mills were not exclusively connected to the armed forces and that its employees should therefore enjoy a fundamental right to form a trade union. In these circumstances the court dismissed the case brought by the Registrar following the application of the Army Welfare Sugar Mills requesting to cancel registration of the AWSMWU. Noting that this decision should permit the trade union to operate freely and to exercise its collective bargaining rights, the Committee requests the Government to ensure the implementation of the judicial decision. The Committee requests the Government to keep it informed in this respect.

The Committee's recommendations

1. 1163. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • Noting that the Labour Court decision should permit the trade union concerned to operate freely and to exercise its collective bargaining rights, the Committee requests the Government to ensure the implementation of the judicial decision. The Committee requests the Government to keep it informed in this respect.