Effect given to the recommendations of the committee and the Governing Body - Report No 359, March 2011

Case No 2096 (Pakistan) - Complaint date: 06-AUG-00 - Follow-up

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

1. 117. The Committee last examined this case, which concerns alleged restrictions on trade union and collective bargaining rights for employees of the banking sector, at its meeting in June 2010. On that occasion, the Committee urged the Government: (1) to give effect to its long-standing recommendation to repeal section 27-B of the Banking Companies Act; (2) to provide a copy of the report of the inquiry which revealed that none of the exemployees of the United Bank Limited (UBL) had been dismissed for anti-union motives, as well as to specify the members of this inquiry; and (3) to indicate whether the UBL employees’ trade union, whose members had been dismissed, was appropriately consulted [see 357th Report, paras 50–53].
2. 118. In its communications dated 3 August and 30 October 2010, the UBL Employees’ Union asserts that no progress has been made by the Government in addressing issues raised in this case. It stresses, in particular, that the UBL Employees’ Federation of Pakistan and all other trade unions in the banking sector have ceased to exist following the enactment of section 27-B of the Banking Companies Act. The complainant also indicates that Mr Maqsood Ahmad Farooqui, former President of the UBL Employees’ Union, dismissed in 1999, died on 7 December 2009. According to the complainant, none of the trade union leaders in the banking sector have been reinstated due to the long-lasting proceedings in national courts. Moreover, the union further alleges four new dismissals of junior UBL officers (Mr Assad Shahbaz Bhatti, Mr Arshad Mehmood, Mr Zulfiqar Awan and Mr Mazhar Iqbal Sial) in Sargodha occurred in 2010.
3. 119. In its communication dated 29 October 2010, the Government indicates that the repeal of section 27-B of the Banking Companies Act has been approved by the Cabinet of Pakistan on 1 May 2010 and that the new draft Banking Companies (Amendment) Bill is being vetted and, after consultation with the legal experts, will be placed before the legislature for approval/enactment.
4. 120. The Committee notes the information provided by the Government. It expects that the Banking Companies (Amendment) Bill will soon be adopted so as to repeal section 27-B and to lift restrictions on the exercise of trade union rights in the banking sector. The Committee requests the Government to keep it informed in this respect.
5. 121. The Committee regrets to note that the resolution of the issues raised in this case have been pending for over ten years now and that the former President of the UBL Employees’ Union, Mr Maqsood Ahmad Farooqui, allegedly dismissed following the enactment of section 27-B of the Banking Companies Act has since died without having been able to see these matters come to a solution. The Committee expects that, should it be found that his dismissal was for anti-union motives, that his heirs will receive the relevant compensation. The Committee notes with regret that the Government has not provided any further information on the inquiry conducted on numerous dismissals of trade union leaders and members. It further notes with concern the information provided by the complainant on the new cases of dismissal of junior UBL officials which occurred in 2010. In these circumstances, the Committee reiterates its previous request and once again urges the Government to provide a copy of the report of the inquiry without delay, which reveal that none of the ex-employees of the UBL had been dismissed for anti-union motives, as well as to specify the members of this inquiry and to indicate whether the UBL employees’ trade union, whose members had been dismissed, was appropriately consulted. It further requests the Government to provide its observations on the complainant’s recent allegation of four new cases of dismissal of UBL officers.