2006 PLC 465 (PLP)

MUNIB AHMED KHAN, J.

The subject of this petition relate to the grievance of the petitioner in respect to the registration of respondent No.2 i.e. United Bank Ltd. Employees Union on the ground that it was registered by the Provincial Registrar and that was not legal and proper and that registration was challenged through instant Writ Petition No.308/04 before this Court wherein one of the objection taken was, that a reference has been made by the Federal Government to the National Industrial Relations Commission (N.I.R.C.) to certify one or more C.B.Us in the U.B.L. to deal with the matter all over the country. During pendency of this petition, the matter was heard by the N.I.R.C. which disposed of the matter by its order dated 6-4-2006 and the relevant para of the order is as follows: "Keeping in view above discussion, I therefore, declare and certify all the establishments of UBL situated in the Province of Sindh and Balochistan as one CBU and Provinces of Punjab, N.-W.F.P. and Federal Capital territory the other CBU and direct all the registered trade unions registered with the Provincial Registrars or with the N.I.R.C. to amend their constitution through opening their membership to the workers employed in the respective CBUs within one month failing which they would be deemed to be non-existent. This decision will remain in force for a period of five years." He has further submitted that the above direction of the N.I.R.C. so far has been followed by five unions and a certificate in this respect has been obtained from the Deputy Registrar N.I.R.C. The copy of said certificate is submitted which shows that the name. of the respondent No.2 is missing from the certificate hence it is no more a registered trade union in terms of the direction of N.I.R.C. Learned counsel for the petitioner has relied upon a decision reported in PLD 1984 Karachi 292 which was approved by Honourable Supreme Court of Pakistan in Civil Appeal No.202-K of 1991 decided on 8th December, 1991 on the ground that if the matter of registration is taken up by the N.I.R.C. and decided in terms of its direction then local CBAs and local registered unions will be ceased to be in existence. Learned counsel for the respondent No.2 states that the order of the N.I.R.C. is not being disputed now nor the certificates issued by the N.I.R.C. regarding registration of CBAs in terms of its direction but after the decision by N.I.R.C. he has no contact with the respondent No.2. It seems that the respondent No.2 has lost interest in the matter and it does not want to be enrolled as CBA in terms of the N.I.R.Cs. order. In the circumstances, the respondent No.1 is directed to act in terms of the direction contained in the order of the N.I.R.C. and to do away with the registration of the respondent No.2. The petition stands disposed of along with listed application. H.B.T./U-7/K????????????????????????????????????????????????????????????????????????????????????? Order accordingly.