Definitive Report - Report No 112, 1969

Case No 533 (India) - Complaint date: 15-DEC-67 - Closed

1. 28. The Committee has already submitted an interim report on this case. The interim report appears in paragraphs 88 to 118 of the Committee's 109th Report, adopted by the Governing Body at its 174th Session (March 1969).
2. 29. There were four series of allegations involved. The first series concerned non-recognition of the complainant organisation; the second, interference by the management on the occasion of works council elections; the third, assaults on two leaders of the union; and the fourth, the dismissal of Shri Abdul Aziz Khan, a leader of the complainant union.
3. 30. The first three series have already been the subject of final conclusions by the Committee. What follows will deal only with the fourth and last.

A. A. The complainants' allegations

1. 31. The complainants allege that, with a view to " disrupting the union, the management dismissed Shri Abdul Aziz Khan, a union militant and office holder, alleging that he had described a clerk-cum-supervisor as being a member of a left-wing trade union, and also on the grounds of an anonymous accusation according to which he had committed a breach of discipline outside the factory ".
2. 32. In the observations submitted by the Government in a communication dated 25 September 1968 the Government affirmed that according to the management of the undertaking, the man in question had been dismissed for insolence and indiscipline, and for no other reason. However, the matter had, in August 1966, been referred to the West Bengal Labour Directorate, which had reported thereon in May of the following year. It had proved impossible to settle the case by conciliation, so the matter had, in June 1967, been referred to the Government of West Bengal for adjudication and at the time of writing was still sub judice.
3. 33. Accordingly, at its session in November 1968 the Committee had noted that the matter was still sub judice and had recommended the Governing Body to ask the Government to be good enough to inform it, in due course, of the outcome of the adjudication proceedings.
4. 34. In a letter dated 13 March 1969 the Government was asked to supply the information in question and this it did in a communication dated 25 April 1969.
5. 35. The Government's reply made a joint statement to the court, indicating that a friendly settlement had been reached and asking the court to rule accordingly. At the request of the court the management had paid Shri Abdul Aziz Khan the whole of the indemnities agreed on by the parties, and Shri Abdul Aziz Khan had signed a receipt. The magistrate, convinced that the settlement was just, equitable and lawful, had given it his official approval.

The Committee's recommendations

1. 36. In these circumstances, and in view of the fact that the dispute has been settled to the satisfaction of the parties concerned, the Committee recommends the Governing Body to decide that the matter does not call for further examination.