NATIONAL 6 -(Spotlight Weekly)]

A Significant Decision

The decision of one-man labor tribunal establishes the right of Nepalese workers

By KESHAB POUDEL

Although it heralded a significant move to protect the interest of Nepalese workers, nobody seems bothered to react promptly about the decision made by the labor tribunal.

The Labor Tribunal decision headed by Kashi Raj Dahal has hanged the fate of more than 5000 foreigners working in Nepal including Indians who hold executive position in hotels and other industries in the country.

The Labor Tribunal in its decision, has directed the government to follow the article 12 (e) of the Constitution of Kingdom of Nepal 1990 and clause 4 of Trade Union Act 1992 in appointing foreign workers in factories.

The Tribunal was set up to settle the dispute between Nepal Battery Company management and the workers. The Article 12 (e) guarantees the right of citizens to practice any profession or to carry on any occupation, industry and trade and also protect Nepalese workers from unrestricted competition with foreign workers.

In Labor Act 1992, the Supreme Court's major ruling that the demand of necessary manpower to run industries in Nepal must be fulfilled by Nepalese citizens themselves gives an impression of how laws creating provisions causing Nepalese citizens to compete with non-citizens is unconstitutional.

In a case filed by advocate Bal Krishna Neupane, the Apex Court has defined the ambit of Article 12 (2) as being to guarantee all citizens the freedom to practice any profession, or to carry on any occupation, industry or trade.

All laws inconsistent with that guarantee must, to the extent of such inconsistency, be void, and whilst the proviso sub-clause (e) empowers the state to impose reasonable restrictions on the right to practice a profession, no law could be made to place the citizen in an adverse situation in relation to foreigner on the pretext of a so-called government industrialization policy.

The petitioners Nepal Battery Company argued that Indian citizens do not require such permission from the government as per with the clause of Nepal-India Peace and Friendship Treaty of 1950.

The clause 3 of Exchange of Letters of 1950 between Nepal-India treaty also permits Nepal to impose certain restrictions. In the clause, India has recognized the right of Nepal to protect Nepalese nationals from unrestricted competition.

The clause has paved the way for restrictions upon competition by Indians with Nepalese in Nepal through the work permit.

According to the Labor Act, each company which has more than 10 employees falls under this act which guarantees, among others, many fundamental rights.

The tribunal's decision has put question mark over the status of the foreign workers working in Nepal.

EVEREST HOTEL
Two Decades In Business

A series of events including a blood donation drive, feasts with songs and dances culminating in an awards ceremony marked the nineteenth anniversary of the country's premier five-star Everest Hotel.

The staffs of the hotel fondly remembered the highlights of the hotel's history while waiting to donate blood. They recalled the time when Sir Edmund Hillary, one of the two human beings to first scale the Mt. Everest, launched a drink at one of its two bars to the time that German Chancellor Helmut Kohl stayed at the hotel.

The staffs also recalled Indian Prime Minister Chandrashekhar and a host of stellar celebrities ranging from the world's most famous cartographer Bradford Washburn Junior whose map of Mt. Everest is the most definitive in the world, to guests that included climber Rhinehold Messner, a skyful of Bollywood filmstars including the late Amjad Khan who did a memorable performance of his greatest creation, Gabbar Singh in the lobby of the hotel.

India's famous journalist and author Jug Suraiya, who regularly writes in The Times Of India, had come for the celebrations. Mr. Suraiya is a frequent guest at the hotel.

In the afternoon and the evening of the celebrations, a feast with dances was held for the staff, where in a time honored tradition executives served their colleagues.

"I am proud to be an Everesteer where service standards are the highest and the future holds only brightness thanks to your work and your dedication," said Anil Ghei, the General Manager during the program.

The prestigious Chairman's prizes and the MA Lari Awards were distributed to outstanding members of the staff.