Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

Case No 2402 (Bangladesh) - Complaint date: 20-DEC-04 - Closed

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

1. 48. The Committee examined these cases which concern the alleged anti-union discrimination and intimidation of trade union members and leaders of the Bangladesh Diploma Nurses Association (BDNA) at its June 2008 meeting [see 350th Report, paras 31–34]. On that occasion, the Committee requested the Government to indicate the status of the appeal filed by the Government against the lower court order reinstating Ms Bhattacharjee and, should it be dismissed finally and definitely, to take all necessary measures for the immediate reinstatement of Ms Bhattacharjee with full payment of lost wages and to keep it informed of the progress made in this regard. The Committee further strongly urged the Government once again to institute independent investigations into the dismissal of Ms Bhattacharjee, the disciplinary proceedings brought against seven trade union leaders of the BDNA (Manimala Biswas, Akikara Akter, Kohinur Begum, Khadabox Sarker, Delwara Chowdhury, Jasmin Uddin and Provati Das) and the transfer of Sabina Yaesmin and Md Sazzad Hossanin and ten senior trade union leaders of the BDNA without delay and to transmit detailed information on their outcome. The Committee urged the Government to take all necessary measures to redress the anti-union discrimination and to provide remedy for the damages suffered. In particular, the Committee requested the Government to indicate any impact that the transfers of Ms Krishna Beny Dey, Ms Israt Jahan, Mr Golam Hossain and Mr Kamaluddin had had on their capacity to carry out their trade union activities and the remedial measures taken and to confirm whether the warnings issued to ten union officials of the BDNA executive committee by the management of Shahid Sorwardi Hospital had been effectively withdrawn.
2. 49. In its communication dated 10 July 2008, regarding the dismissal of Ms Bhattacharjee, the Government, referring to the report of the investigation, explains that she was a senior staff nurse and was suspended and subsequently removed from the government service on 26 February 2002. Ms Bhattacharjee then lodged a writ petition to the High Court against the order of her dismissal on 9 March 2002. The verdict of the writ petition was given on 19 August 2002 in favour of Ms Bhattacharjee. This verdict was contested by the Government at the Appellate Division of the Supreme Court. The Government was given three weeks to provide the requisites to give effect to its request. As no steps had been taken by the Government in this regard, this case was set aside as per directive given by the High Court on 25 September 2007. The Government confirms that Ms Bhattacharjee is working at the Shahid Sorwardi Hospital and is getting regular payment including other benefits she is entitled to. The Government states that no litigation is pending before the court regarding Ms Bhattacharjee’s case.
3. 50. Regarding the disciplinary proceedings brought against seven trade union leaders of the BDNA (Manimala Biswas, Akikara Akter, Kohinur Begum, Khadabox Sarker, Delwara Chowdhury, Jasmin Uddin and Provati Das), the Government refers to the outcome of the investigation and states that the seven trade union leaders are presently working in their respective departments and that there has never been any disciplinary proceedings brought against them.
4. 51. With regards to the transfer of Sabina Yaesmin and Md Sazzad Hossanin, the investigation concluded the transfer was undertaken on administrative grounds and for the sake of public interest. The Government further explains that they were subsequently allowed to work in the National Institute of Diseases of the Chest Hospital, Dhaka and Chittagong Medical College Hospital, respectively, at their convenience. Moreover, Mr Hossain was allowed to do his MSc in Thailand, paid by the Government, where he lives since 30 May 2008. The Government further states that no disciplinary proceedings were drawn against them.
5. 52. Regarding the transfer of the ten senior trade union leaders of the BDNA, the Government explains that it is impossible to make any comment in this regard since their names were not revealed in the report. Nevertheless, the responsible authorities confirm that those who were transferred at that time, were subsequently transferred to new posts at their convenience. Regarding the warning issued to ten trade union leaders of BDNA executive committee, the Government states that the Shahid Sorwardi Hospital administration confirms that no such warning was issued to the trade union leaders. It further states that the trade union leaders’ activities have never been infringed.
6. 53. With regard to the transfer orders of four staff nurses (Ms Krishna Beny Dey, Ms Israt Jahan, Mr Golam Hossain and Mr Kamaluddin), the Government explains that they were issued on administrative grounds and in the public interest. According to the government service rules, every public servant can be transferred for the sake of public interest. The four nurses filed writ petitions before the High Court Division of the Supreme Court which stayed the transfer orders. The Appellate Division annulled the stay order. The Government states that the four nurses returned to their posts and were subsequently allowed to get new places of posting at their convenience.
7. 54. The Committee notes the information provided by the Government on all pending issues.