Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 388, Mars 2019

Cas no 2902 (Pakistan) - Date de la plainte: 12-OCT. -11 - En suivi

Allegations: The complainant organization alleges refusal by the management of the KESC to implement a tripartite agreement to which it is a party. It further alleges that the enterprise management ordered to open fire on the protesting workers, injuring nine, and filed criminal cases against 30 trade union office bearers

1. 442. The Committee last examined this case at its June 2018 meeting, when it presented an interim report to the Governing Body [see 386th Report, paras 502–513, approved by the Governing Body at its 333rd Session].
2. 443. The Karachi Electric Supply Corporation (KESC) Labour Union submitted additional information in communications dated 8 June and 30 September 2018.
3. 444. The Government provided its observations in communications dated 2 October 2018, and 31 January and 1 February 2019.
4. 445. Pakistan has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 446. At its June 2018 meeting, the Committee made the following recommendations [see 386th Report, para. 513]:
   • (a) The Committee requests the Government to take the necessary measures to ensure that the July 2011 tripartite agreement is implemented, in particular that workers who refused the voluntary separation scheme are reassigned without delay, or, if reassignment is not possible for objective and compelling reasons, the concerned workers are paid adequate compensation. The Committee requests the Government to inform it of any developments in this regard.
   • (b) The Committee expects the National Industrial Relations Commission to examine the pending claims of anti-union discrimination filed by the Karachi Electric Supply Corporation Labour Union workers without delay so that, where applicable, adequate remedy can be ordered and urges the Government once again to promote negotiation between the complainant and the company with a view to solving any pending issues. The Committee requests the Government to inform it of any developments in this regard.
   • (c) In view of the gravity of the matters raised in this case, the Committee urges the Government to take the necessary measures to institute an independent investigation into the allegations that: (i) violence was used against trade union members during the August 2011 demonstration against the refusal of the company to implement the July 2011 tripartite agreement, injuring nine; and (ii) 30 trade union office bearers were dismissed following this demonstration and/or criminal charges were brought against them; with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts. It expects such investigation to be undertaken without delay and further expects that, should it be found that these unionists were dismissed or charged for the exercise of legitimate trade union activities, the Government will take all necessary steps to ensure their reinstatement and the dropping of all pending charges. If reinstatement is found not to be possible for objective and compelling reasons, the Committee requests the Government to take the necessary measures to ensure that the union members concerned are paid adequate compensation so as to constitute a sufficiently dissuasive sanction for anti-union discrimination.

B. Additional information from the complainant

1. 447. In its communications dated 8 June and 30 October 2018, the KESC Labour Union alleges the lack of action by the Government in this case and, in particular, that none of the terminated/dismissed employees have been reinstated and that the referendum which was to be held in 2011 had been so far delayed due to bad faith intentions of the management of the company.

C. The Government’s reply

1. 448. In its communications dated 2 October 2018, 31 January and 1 February 2019, the Government informs that the Ministry of Overseas Pakistanis and Human Resource Development (OPHRD) designated a Senior Joint Secretary (Admin.)/Registrar (Trade Unions) to conduct an independent inquiry into the allegations levelled by the KESK Labour Union against the Corporation. Two meetings under the chairmanship of the Secretary of the Ministry of OPHRD were held in April and July 2018 to discuss the way forward for an amicable solution to the long-standing dispute. The Government indicates that the meetings were attended by employers’ and workers’ organizations, the complainant and the management of the company.
2. 449. Regarding the Committee’s recommendation (a), the Government indicates that the July 2018 tripartite meeting (with the participation of the Pakistan Workers’ Federation and Employers’ Federation of Pakistan) recommended the following:
   • (i) Since the Registrar has issued orders for holding a referendum for the determination of a collective bargaining agent (CBA) and an election officer has been accordingly appointed, it is hoped that many of the issues will be resolved through dialogue between the newly elected CBA and the management.
   • (ii) As the agreement dated 26 July 2011 was ignored by the KESC Labour Union when filing a case in the National Industrial Relations Commission (NIRC) on the retrenchment matter, which is still in adjudication, it is recommended that the newly elected CBA and the management enter a new CBA at the earliest to address all pending issues.
   • (iii) Both parties should negotiate with each other and reach an amicable solution through social dialogue rather than litigation. The Federal Government will extend its cooperation at all levels.
   • (iv) As the company has informed that reinstatement/reassignment of retrenched workers is not possible, the management should make immediate arrangements to pay dues to workers who have not opted for the voluntary separation scheme (VSS) so far, as agreed in the meeting. The KESC Labour Union should facilitate the process for benefits of workers.
3. 450. Regarding the Committee’s recommendation (b), the Government indicates that the Ministry of OPHRD had already requested the NIRC Karachi to take up this case as a matter of priority. The cases are being expeditiously disposed of.
4. 451. As concerns the Committee’s recommendation (c), the Government indicates that after hearing both parties during the July 2018 tripartite meeting, it transpired that in August 2011, a protest was launched by the union outside the office of the company which later became violent. When the protesting workers started ransacking the private and public property, the police tried to stop them, which resulted in clashes between the law enforcement agents and protesters. The meeting further observed that the union had levelled charges for firing on workers and injuring several of them during the protest. The matter was re-investigated on the orders of a Civil Judge on 24 November 2011 and was disposed of by the judgment dated 19 January 2012. The KESK Labour Union did not appeal against this decision and the matter has attained finality. The meeting recommended that both parties negotiate with each other and reach an amicable solution through social dialogue rather than through litigation. The Federal Government will extend its cooperation at all levels. The Government indicates that the company is of the view that the reinstatement of dismissed workers is not possible as the company had outsourced all of the non-technical jobs. More that 4,000 out of 4,500 non-technical workers had availed of the VSS and had received their dues and amicably settled their accounts. The Ministry of OPHRD is also pursuing the company to withdraw cases against dismissed workers and compensate them similarly to the VSS.
5. 452. The Government indicates that the management of the company has assured to resolve the issues as per the above-mentioned recommendations of the inquiry. The referendum proceedings are ongoing and expected to be concluded in the near future. The management is extending all the required support within its resources and has issued letters to all the ex workers to receive the VSS dues at the earliest. The Government concludes by stating that the amicable resolution of the issues is expected in the near future.

D. The Committee’s conclusions

1. 453. The Committee recalls that the complaint in this case was lodged in 2011 and concerned allegations that the management of an electricity enterprise in Karachi refused to implement a tripartite agreement to which it was a party, as well as allegations of violence against protesting workers, dismissals and the filing of criminal charges against trade union office bearers.
2. 454. The Committee welcomes the information provided by the Government on the appointment of a Senior Joint Secretary (Admin.)/Registrar (Trade Unions) to conduct an independent inquiry into the allegations levelled by the KESK Labour Union against the Corporation and that to that effect, two tripartite meetings took place in 2018 (with the participation of the Pakistan Workers’ Federation and Employers’ Federation of Pakistan, the complainant and the management) to discuss the Committee’s recommendations in this case.
3. 455. As concerns the Committee’s recommendation (a), the Committee notes that the July 2018 tripartite meeting took note of the company’s indication that the reinstatement/reassignment of retrenched workers was not possible as the company had outsourced all non-technical jobs; that more that 4,000 out of 4,500 non-technical workers had availed of the voluntary separation scheme (VSS) and had received their dues and amicably settled their accounts. The Committee further notes that the tripartite meeting concluded that the management should make immediate arrangements to pay dues to workers who have not opted for the VSS so far and that the KESC Labour Union should facilitate the process for benefits of workers. The Committee also notes the Government’s indication that the management is extending all the required support within its resources and has issued letters to all the ex-workers to receive the VSS dues at the earliest. The Committee observes, however, that the complainant organization alleges the lack of progress in this regard. The Committee therefore requests the Government to step up its efforts in ensuring that the concerned workers are paid adequate compensation and to further engage with the KESC Labour Union in this respect. The Committee requests the Government to inform it of any developments in this regard.
4. 456. The Committee notes that the Government reiterates that it had requested the NIRC to take up the cases relating to the enterprise as a priority. The Committee regrets that, despite the time that has elapsed since the submission of the claims by members of the KESC Labour Union, these claims are still pending and workers thus continue to lack access to effective means of redress for alleged prejudice based on trade union membership or activities. Recalling once again that respect for the principles of freedom of association clearly requires that workers who consider that they have been prejudiced because of their trade union activities should have access to means of redress which are expeditious, inexpensive and fully impartial [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 1142], the Committee expects the NIRC to examine the pending claims of anti-union discrimination without delay so that, where applicable, adequate remedy can be ordered and urges the Government once again to continue promoting negotiation between the complainant and the enterprise with a view to solving any pending issues. The Committee requests the Government to inform it of any developments in this regard.
5. 457. In relation to the allegations that violence was used against trade union members during the August 2011 demonstration, following the refusal of the enterprise to implement the July 2011 agreement, injuring nine, and that as the result of the demonstration, 30 trade union office bearers were dismissed and/or criminal charges were brought against them, the Committee notes the Government’s indication that the July 2018 tripartite meeting observed that: (1) when the protesting workers started ransacking the private and public property, the police tried to stop them, which resulted in clashes between the law enforcement agents and protesters; (2) the union had levelled charges for firing on workers and injuring several of them during the protest; (3) the matter was re-investigated on the orders of a Civil Judge on 24 November 2011 and was disposed of by the judgment dated 19 January 2012; and (4) the KESK Labour Union did not appeal against this decision and the matter has attained finality. The Committee further notes that the tripartite meeting recommended that both parties negotiate with each other in order to reach an amicable solution and that the Ministry of OPHRD is pursuing the company to withdraw cases against dismissed workers and compensate them similarly to the VSS. The Committee requests the Government to expedite its efforts in this regard and to keep it informed of all developments.

The Committee’s recommendations

1. 458. In light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to step up its efforts in ensuring that the July 2011 tripartite agreement is implemented and, in particular, that workers who had refused the voluntary separation scheme and had not been reassigned are paid adequate compensation, and to engage with the KESC Labour Union in this respect. The Committee requests the Government to inform it of any developments in this regard.
   • (b) The Committee expects the National Industrial Relations Commission to examine the pending claims of anti-union discrimination filed by the KESC Labour Union workers without delay so that, where applicable, adequate remedy can be ordered, and urges the Government once again to continue promoting negotiation between the complainant and the company with a view to solving any pending issues. The Committee requests the Government to inform it of any developments in this regard.
   • (c) Noting the Government’s indication that it is pursuing the company to withdraw cases against dismissed workers and compensate them, the Committee requests the Government to expedite its efforts and to keep it informed of all developments in this regard.