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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 110. The Committee examined this case, in which the complainant alleged
anti-union dismissals and anti-union tactics by the management of the Pakistan
Telecommunication Company Ltd and the Government’s inability to protect the employees,
at its March 2016 meeting [see 377th Report, paras 397−418] and on that occasion it
formulated the following recommendations:
- (a) The Committee
requests the Government to take all appropriate measures, in order to avoid a denial
of justice, to ensure that the remaining pending cases are concluded without delay.
It requests the Government to keep it informed in this respect.
- (b) The Committee requests the Government and the complainant to
provide detailed information on the number of dismissed/terminated and suspended
trade unionists in relation to the events alleged in this case, and their current
employment status.
- 111. In a communication dated 4 February 2020, the Government reports
that in six of the cases filed by the employees against the company, the petitioners
have been reinstated with all consequential benefits, including back benefits, as of 3
May 2019. It further reports that another petitioner has been ensured by the respondent
that he would be paid pension and other dues; he hence requested for his case to be
withdrawn on 5 May 2019. The Government also indicates that one of the petitioners
passed away and his case has therefore been disposed of as his widow has received all
consequential benefits.
- 112. The Government further indicates that according to the company
management, the latter encourages healthy trade union activities but in cases where
employees are involved in criminal and other subversive activities and against the
business and general reputation of the enterprise, they are treated in accordance with
the law. The management further indicates that the majority of the cases have been
settled with the mutual consent of the employees and their representatives. However, it
has challenged some cases decided by the National Industrial Relations Commission
(NIRC), which are now pending for adjudication by the Islamabad High Court with a
direction by court to maintain status quo in the matter vide orders dated 16 October
2019.
- 113. The Committee notes the information provided by the Government
regarding the reinstatement of six workers and settlement reached with some of the
dismissed employees. It observes, however, that some other cases of dismissal are still
pending. Recalling that cases concerning anti-union discrimination should be examined
rapidly, so that the necessary remedies can be really effective, the Committee requests
the Government to take all appropriate measures to ensure that the remaining pending
cases are concluded without delay, and requests the Government to keep it informed in
this respect. It further once again requests the Government and the complainant to
provide detailed information on the number of dismissed/terminated and suspended trade
unionists in relation to the events alleged in this case which are still pending.
