Pakistan: Management interferes in union elections, dismisses elected union president and violates court orders
From 2 August 2006 to 12 June 2007 the management at Nestle Kabirwala interfered in union elections, overturning the election results, dismissed the elected union president, Brother Mohammad Hussein Bhatti, fabricated signatures in court petitions and violated a series of court orders. Although Brother Bhatti was reinstated by the Labour Court, the management refused to follow several court orders over a period of months. Despite being refused entry into the factory, Brother Bhatti won the union elections on 27 February 2007. But management continued to prevent him from entering the factory and petitioned in court for his dismissal. Only after the legal case was taken to the High Court - with a hearing scheduled for 12 June 2007 - did the management suddenly back down and reinstate Brother Bhatti. However, he continues to be denied his right to undertake his duties as the democratically elected union president.
In the run-up to the internal elections of the Employees Union Nestle Kabirwala in August 2006 management became involved in these elections, actively discouraging union members from standing for election and splitting the union members, playing one group against another. In the election of the position of union President on 27 February 2007, Brother Mohammad Hussein Bhatti won the election with a clear margin of 10 votes. Later the Registrar of Trade Unions colluded with the management to order fresh elections. The management then dismissed Brother Bhatti.
Brother Bhatti, who has worked at the Kabirwala factory since 1992, announced his plans to run in the union elections in August 2006 together with his colleagues. Management expressed its unhappiness with this decision and the Nestle Kabirwala Human Resource Manager, Irfan Ahsan, contacted Bhatti and asked him not to participate in the elections. When Brother Bhatti and his colleagues refused to withdraw from the elections the Human Resource Manger issued a notice that no one will be asked to vote in the factory area, and at the same time contacted workers to tell them not to vote for Bhatti and his team.
In response Brother Bhatti approached to the Labour Court and requested that the union elections be held in accordance with the law. The Punjab Labour Court stopped the election immediately and later called for real elections to be held within 4 weeks.
On 2 August 2006 the factory manager called Brother Bhatti to his office and threatened to dismiss him.
On 9 September 2006 the management issued a show cause (disciplinary complaint) against Brother Bhatti. Management then issued a domestic inquiry letter on 10 October and the Human Resource Manager again told Brother Bhatti to “withdraw from the election otherwise you will lose your job.”
Brother Bhatti again approached to Labour Court to report that he had been threatened with dismissal if he participates in union elections. In response the Labour Court issued a stay order to stop the management dismissing Brother Bhatti.
Although the company claimed that it stopped its inquiry because of the Court order, management in fact conducted a unilateral inquiry. This secret inquiry then led to Brother Bhatti’s official termination.
Once again Brother Bhatti appealed to the Labour Court and a stay order (interim relief) was issued against the management taking any further action to dismiss him.
Although Brother Bhatti served the order of the Labour Court to the management on 24 November 2006, the management issued his termination letter on the same day.
The managing committee of the union along with the company management filed an application in the Labour Court that the election date should be extended. The Labour Court ordered that union elections be held on 15 February 2007.
Brother Bhatti filed an application in the Labour Court which suspended the termination letter. The Nestle Kabirwala Human Resource Manager reinstated Brother Bhatti in accordance withe the Labour Court order, but refused to allow him inside the factory.
On 12 December 2006, the Nestle Employee Relations Officer called Brother Bhatti to the head office and demanded that he withdraw from the union election. The entire management team including the HR manager and factory manager started to harass the colleagues of Brother Bhatti and told them not to participate in the election.
Brother Bhatti and his colleagues approached to the Labour Court which issued interim relief and contacted the management on 22 December to ask them to cease and desist. Irfan Ahsan, the Nestle Kabirwala HR manager, assured the Court that management would not harass any employees.
Brother Bhatti also filed a case of contempt of court against the HR manager for preventing him from entering the factory.
On 21 December the Labour Court ordered that “the respondent (management) shall allow the petitioner (Mr. Bhatti) to enter inside the gate and to perform usual, routine and original duty without any sort of discrimination”.
In response the HR Manager committed verbally with Brother Bhatti that if he withdraws the contempt case then the management will withdraw the dismissal letter. After that verbal commitment Brother Bhatti’s lawyer withdrew the contempt case.
After a few days the management’s lawyer, Haider Zaman (from the Nestle Pakistan head office in Lahore), appealed in the Labour Court with fake signatures of Riaz ul Hassan (the local lawyer of the company) that company did not withdraw the dismissal letter and it maintained its petition to dismiss Brother Bhatti. Later Riaz ul Hassan stated in the court that “he has never been provided any such power of attorney by the company or applicant, Irfan Ahsan, to file any such petition. Moreover he does not own the signature made on this petition”.
Faced with serious charges of fabricating signatures, the company then withdrew its petition in the Labour Court. But at the same time the company appealed in the High Court of Punjab with the ridiculous claim that Brother Bhatti is a “senior manager” and therefore is not a “worker” under law.
On 6 February 2007 when Brother Bhatti returned from the Hajj and reported for duty, the management refused to take him on duty, saying that the company has filed a case in Punjab High Court and has also stopped his salary
Brother Bhatti sent a grievance notice to the management but management did not reply.
The union election was finally held on 27 February 2007. During the election proceedings Brother Bhatti was not allowed to enter the factory and so could not join the election campaign. Despite this he was elected as union president!
The management then approached the Registrar of Trade Unions to deny a certificate to Brother Bhatti recognizing him as union president.
After a long struggle the Registrar was forced to recognize Brother Bhatti as union president and fresh elections were ordered for other union positions. But Brother Bhatti still had to fight for access to the factory.
From January to March 2007 there was no judge in the Labour Court so Brother Bhatti could not pursue his legal case. Later Brother Bhatti approached the Labour Court and won an interim order on 26 May 2007 stating that “the novel type of interpretation of court’s order by the respondent is condemned and dismissal order of the petitioner dated 02-02-2007 is stayed and the respondents are directed to strongly adhere in a sole and spirit material order dated 21-12-2006.” Management simply ignored this court order again and violated it.
The management again started harassing workers. The general secretary nominated by the group of Brother Bhatti could not bear the pressure of the management and resigned from the factory on 2 June 2007. Some of the other workers are also thinking of resigning because of the incredible pressure by management.
On 5 June 2007 the management challenged the verdict of the Labour Court in Punjab High Court seeking interim relief but the High Court did not allow interim relief and called both parties on 12 June 2007. Faced with the prospect of losing the legal case before the High Court the management finally reinstated Brother Bhatti. But the Nestle management continues to intimidate and harass union members and refuses to allow him to carry out his duties as union president.