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

Case No 2242 (Pakistan) - Complaint date: 28-NOV-02 - Closed

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

1. 142. The Committee last examined this case at its November 2005 meeting [see 338th Report, paras 288–291]. On that occasion, it deeply regretted that no measures had been taken by the Government to give effect to the recommendations of the Committee to ensure trade union rights at the Pakistan International Airlines Corporation (PIAC) and reiterated its previous recommendation to repeal Chief Executive Order No. 6 of 2001 and Administrative Orders Nos. 14, 17, 18 and 25.
2. 143. In its communication dated 6 October 2006, the Government states that the Apex Court had dismissed the petition filed to the Supreme Court by the People’s Unity of PIA Employees appealing the decision of 29 March 2002 of the High Court, which had dismissed the petition challenging Executive Order No. 6. As concerns the suit brought by the Pakistan International Airline Pilot’s Association (PALPA) also challenging the Executive Order, the Government indicates that the High Court of Sindh in Karachi dismissed the suit by a judgment dated 10 May 2003. The PALPA has filed an intra-Court Appeal before the Division Bench of the said Court. The appeal is still pending.
3. 144. The Committee recalls that Chief Executive Order No. 6 and the subsequent administrative orders, which suspended trade unions and the existing collective agreements at the PIAC date back to 2001. The Committee is deeply concerned with the Government’s unwillingness to take the necessary measures to repeal the above orders. The Committee recalls that the membership of a State in the International Labour Organization carries with it the obligation to respect in national legislation freedom of association principles and the Conventions, which the State has freely ratified. The Committee stresses that it is the responsibility of the Government to ensure the application of international labour Conventions concerning freedom of association which have been freely ratified and which must be respected by all state authorities, including the judicial authorities [see Digest of decisions and principles of the Freedom of Association Committee, fourth edition, 2006, paras 16 and 18]. The Committee recalls once again that Articles 2 and 3 of Convention No. 87 provide that workers without distinction whatsoever shall have the right to join organizations of their own choosing and that these organizations shall be able to exercise their activities in full freedom. It therefore urges the Government to repeal Chief Executive Order No. 6 of 2001 and Administrative Orders Nos. 14, 17, 18 and 25 so as to restore full trade union rights to PIAC workers without delay and to keep it informed in this respect.