Effect given to the recommendations of the committee and the Governing Body - Report No 376, October 2015

Case No 2991 (India) - Complaint date: 11-OCT-12 - Follow-up cases closed due to the absence of information from either the complainant or the Government in the last 18 months since the Committee examined the cases

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

1. 42. The Committee last examined this case, which concerns excessively long registration procedures, denial of registration due to imposition of restrictive conditions of eligibility (occupational requirement) for union office and union membership, and minimum membership requirement of 100 workers to establish a union in its June 2013 meeting [see 368th Report, paras 545–566]. On that occasion, the Committee requested the Government to register the Garment and Allied Workers’ Union (GAWU) without delay; to take the necessary measures to modify the minimum union membership requirement in section 4(1) of the Trade Unions Act, 1926, as amended in 2001, so that the establishment of organizations is not unduly hindered; and to take steps to ensure that the period necessary for registration of workers’ organizations is not excessively long.
2. 43. In its communication dated 31 October 2013, the Government indicated that the complainant has lodged an appeal under section 11 of the Trade Unions Act, 1926, against the decision of the Registrar, Trade Unions, Haryana, to refuse to register the trade union, before the Industrial Tribunal-cum-Labour Court, Gurgaon (Appellate Court). The Government states that the Appellate Court has taken cognizance of the appeal and the matter is sub judice and hence, the Registrar is not empowered to take any action. With regard to modification of the minimum union membership requirement in section 4(1) of the Trade Unions Act, 1926, as amended in 2001, the Government considers, to the contrary, that the provision is too liberal and does not require any review. With regard to the period necessary for registration of workers’ organizations, the Government states that the Haryana State Labour Policy, 2006, clearly provides for a time schedule for disposal/functions under various labour laws in which it is stipulated that an application for registration should be disposed in not more than four months. The Government further states that as per to the said policy, the period is four months where the papers are complete; while, when the matter is complicated naturally, more time for disposal of cases is needed. However, the Haryana state Government endeavours to strictly respect the four months’ time frame. The Government concludes by assurances of its commitment to the rights and welfare of the workers and its will to ensure all efforts to protect them against all forms of exploitation.
3. 44. The Committee takes note of the information provided by the Government. While the Committee understands that, at the time of communication an appeal was pending on the registration refusal, it observes that nearly two years later, no further information has been provided on developments. The Committee recalls that judges should be able to deal with the substance of a case concerning a refusal to register, so that they can determine whether the provisions on which the administrative measures in question are based constitute a violation of the rights accorded to occupational organizations by Convention No. 87 [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 304]. The Committee requests the Government to provide information as to the status of the appellate proceedings, and, if a judgment was handed down, to transmit a copy of it. The Committee also invites the complainant organization to provide information as to the status of its appeal.
4. 45. With regard to the requirements of section 4(1) of the Trade Unions Act, 1926, as amended in 2001, pertaining to minimum union membership required for registration, the Committee recalls that it has repeatedly observed that, while a minimum membership requirement is not in itself incompatible with Convention No. 87, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered [see Digest, op. cit., para. 287]. In the light of the foregoing, the Committee once again requests the Government to engage with the social partners to review section 4(1) of the Trade Union Act, 1926, as amended in 2001, in line with the above principles and to keep it informed of the progress made in this regard.
5. 46. With regard to the period necessary for registration, the Committee notes the information provided by the Government according to which Haryana State Labour Policy, 2006, specifies that an application for registration should be disposed in not more than four months. However, the Committee observes that in the case at hand more than one year elapsed before the application of the complainant union was decided. The Committee recalls that a long registration procedure constitutes a serious obstacle to the establishment of organizations and amounts to a denial of the right of workers to establish organizations without previous authorization and requests the Government to encourage Haryana State to review the implementation of its registration procedures so as to ensure that the period for registration of workers’ organizations in practice does not become excessively long.