Effect given to the recommendations of the committee and the Governing Body - Report No 392, October 2020

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

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

1. 103. The Committee last examined this case concerning restrictions on the trade union rights of banking sector employees following the enactment of section 27-B of the Banking Companies (Amendment) Act, 1997, at its June 2019 meeting [see 389th Report, paras 62–69]. On that occasion, the Committee observed with deep concern the Government’s indication that some of the cases of dismissed workers were still pending, 18 years since the dismissals. It once again requested the Government to ensure that all pending cases were resolved without delay and to provide full information and copies of the judgments rendered, including those that have already been disposed of. The Committee also observed that the Committee of Experts on the Application of Conventions and Recommendations (CEACR) has continued to examine the legislative aspects of this case within the framework of its regular supervision.
2. 104. In a communication dated 14 January 2020, the complainant, United Bank Limited (UBL) Employees Union, alleges a total lack of progress in the implementation of the Committee’s recommendations in this case. It emphasizes, in particular, that no measures have been taken with regard to the amendment of section 27-B of the Banking Companies (Amendment) Act, 1997, nor with regard to the reinstatement of dismissed trade unionists in the banking sector since the Committee’s first examination of the case in 2001.
3. 105. In a communication dated 6 February 2020, the Government indicates that the issues raised in this case were taken up with the management of the bank, which provided the following information. There are currently five trade unions in the bank, two of which are duly certified as collective bargaining agents (CBAs) under the Industrial Relations Act, 2012. Both CBAs raise a Charter of Demands every two years, which is settled in an amicable and cordial atmosphere. According to the bank management, complete industrial peace and harmony prevails within the institution.
4. 106. Regarding the status of cases of employees dismissed in 1999, the bank management informs that the cases of Messrs Assad Shahbaz Bhatti and Mazhar Iqbal Sial have been disposed of and decided in the bank’s favour and the cases of Messrs Malik Arshad Mehmood, Zulfiqar Hussain Awan and Nasir Qayyum are pending for cross-examination before the National Industrial Relations Commission (NIRC) Lahore.
5. 107. As regards section 27-B of the Banking Companies (Amendment) Act, 1997, the Government indicates that the national courts upheld the Act as a valid piece of legislation. The Government further indicates that a private member bill for the deletion of section 27-B from the Banking Companies (Amendment) Act was passed by the Senate in the session held on 29 April 2019, and that the bill will be soon placed before the National Assembly.
6. 108. The Committee notes the information provided by the Government but once again observes with deep concern that some of the cases of dismissed workers, including those of Messrs Malik Arshad Mehmood, Zulfiqar Hussain Awan and Nasir Qayyum, are still pending. The Committee recalls that cases concerning anti-union discrimination should be examined rapidly, so that the necessary remedies can be really effective; an excessive delay in processing such cases constitutes a serious attack on the trade union rights of those concerned [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 1139]. The Committee once again firmly urges the Government to take the necessary steps to ensure that all pending cases are resolved without delay and to provide full information and copies of the judgments rendered, including those that have already been decided.
7. 109. The Committee notes with interest the Government’s indication that a bill to repeal section 27-B of the Banking Companies (Amendment) Act, 1997, was passed by the Senate and will be placed on the agenda of the National Assembly. The Committee expects that the above-mentioned bill will be adopted without delay so as to lift the restrictions on the exercise of trade union rights in the banking sector, and requests the Government to provide information on all developments in this respect to the CEACR to which it had referred the legislative aspects of this case.