Effect given to the recommendations of the committee and the Governing Body - Report No 344, March 2007

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

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

1. 145. The Committee last examined this case, concerning refusal to register the Army Welfare Sugar Mills Workers’ Union (AWSMWU), at its November 2005 session [see 338th Report, paras 292–294]. On that occasion, the Committee regretted that, despite the court ruling dated 7 August 2004, the question of registration of the union was still pending before the Registrar and requested the Government to take the necessary measures to ensure the registration of the AWSMWU without delay.
2. 146. In its communication of 6 October 2006, the Government provides the following information. The Honourable High Court of Sindh of Hyderabad Circuit had decided the case in favour of the Army Welfare Sugar Mills and directed the Regional Directorate of Labour in Hyderabad for de-registration of the trade union. However, on an appeal filed by the union, the Honourable Supreme Court has stayed operation of the High Court’s Order and also granted leave for appeal. In view of the development in the matter, the union is authorized to perform its activities in conformity with the Industrial Relations Ordinance of 2002.
3. 147. While noting with interest that the AWSMWU can operate and perform its activities, the Committee recalls that the court of first instance had dismissed the Registrar’s request for de-registration because the services of the Army Welfare Sugar Mills were not exclusively connected to the armed forces and that civilians working in the services of the army should have the right to form trade unions [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 229]. The Committee trusts that the Supreme Court will make a final ruling on this matter in the near future bearing in mind the above principle. The Committee requests the Government to indicate the progress made in this regard, to provide a copy of the Supreme Court judgement as soon as it handed down and to indicate whether the union has since been registered.