Definitive Report - Report No 368, June 2013

Case No 2855 (Pakistan) - Complaint date: 02-APR-11 - Closed

Allegations: The complainant organization alleges that the management of the National Bank of Pakistan has illegally dismissed the General Secretary of the National Bank of Pakistan Trade Union Federation, Mr Syed Jahangir

1. 762. The Committee last examined this case at its May–June 2012 meeting, when it presented an interim report to the Governing Body [see 364th Report, paras 760–771, approved by the Governing Body at its 315th Session (June 2012)].
2. 763. The Government sent its observations in a communication dated 27 May 2013.
3. 764. Pakistan has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 765. At its May–June 2012 meeting, the Committee made the following recommendations [see 364th Report, para. 771]:
   • Noting that according to the Government, two cases concerning Mr Syed Jahangir are pending adjudication before the Court, the Committee trusts that any information relating to the alleged anti-union nature of the dismissal will be considered by the courts bearing in mind these principles and expects that these decisions will be handed down in the very near future. The Committee requests the Government to take steps, in consultation with the parties concerned, aimed at ensuring the reinstatement of Mr Jahangir pending the final decisions to be rendered by the courts. It requests the Government and the complainant to provide the court judgments as soon as they are handed down, as well as any further information relating to the anti-union nature of this dismissal.

B. The Government’s reply

1. 766. By its communication dated 27 May 2013, the Government indicates that all cases pending against Mr Syed Jahangir have been disposed of and submits in this regard a letter from the National Industrial Relations Commission of Pakistan (NIRC), which confirms that Mr Jahangir has been reinstated in service.

C. The Committee’s conclusions

1. 767. The Committee recalls that the complainant in this case alleged the illegal dismissal of Mr Syed Jahangir, the General Secretary of the National Bank of Pakistan Trade Union Federation, by the management of the National Bank on 20 October 2010. It further recalls that following the suspension of the dismissal order by the National Industrial Relations Commission (NIRC) the management of the bank refused to reinstate him and pay his lawful dues; instead, it approached the Sindh High Court, Karachi seeking a stay of execution on the basis that the NIRC was not competent to suspend the order of dismissal. The High Court ordered, on 28 October 2010, that until the next audition, the status quo shall be maintained.
2. 768. The Committee notes with interest the information provided by the Government on the reinstatement of Mr Jahangir. In these circumstances, it considers that the present case does not call for further examination.

The Committee’s recommendation

1. 769. In the light of its foregoing conclusions, the Committee invites the Governing Body to decide that the present case does not call for further examination.