2009 PLP 383 (PLC)

JUSTICE (RTD.) RASHID AZIZ KHAN (CHAIRMAN).

This is an application moved by Lucky Textile Mills Bahbood Mazdoor Union, Karachi through its, President and General Secretary for determination of entire establishment of Lucky Textile Mills as one collective bargaining unit./The learned counsel for the petitioner union has submitted that the petitioner union is registered with this Commission as an industrywise trade union and is also certified as CBA under section 20(1) of the I.R.O., 2002 for the establishment of Lucky Textile Mills.

2. Notice only to the management of Lucky Textile Mills was issued. Whereas the notices to RTUs have not been issued by the office to find out if any local union is registered with them for the respondent establishment. However, the learned counsel for both the parties state at the Bar that no union at the local level or industrywise is registered with the RTUs of the provinces or RITU NIRC.

3. The learned counsel for the respondent management fully supports the application. He has placed a copy of registration of the respondent industry with the Directorate Labour Welfare N.-W.F.P. showing that a branch of the factory is also working in Gadoon Amazai Industrial Estate N.-W.F.P.

4. According to the submissions made by the learned counsel for the petitioner the respondent establishment has its business at Sindh and N.-W.F.P. and there is no local union or industrywise trade union registered for the establishment except the petitioner's one. The learned counsel for the petitioner submits that the respondent establishment is carrying out manufacturing of textile grey cloth, dyeing, printing and processing: The respondent have five textile units in Sindh and one in Gadoon Amazai N.-W.F.P. For safeguarding the interest of workmen employment in the establishment of Lucky Textile Mills which belong to one employer and is one legal entity, it is necessary, just and feasible that there is one uniform terms and conditions of employment in the entire establishment of Lucky Textile Mills. The learned counsel for the petitioner further submits that determination of one CBU in Lucky Textile Mills shall be in the interest of workers it would be just and feasible as one CBU shall have general convenience, sameness and similarity of economic activities, facilities of communication, other cogent factors and the workers will benefit from C.B.A. for the entire establishment. He further submits that all the offices of Lucky Textile Mills situated at Sindh and N.-W.F.P. have one common profit and loss account and balance sheet.

5. In view of the above all the establishments of Lucky Textile Mills at Sindh and N.-W.F.P. are declared to be one CBU as laid down under section 30(1) of the I.R.A., 2008 with effect from the date of this order for a period of four years and shall continue for such period until a fresh CBU is determined by the Commission. The petition is accordingly disposed of. A copy of this order be sent to RTUs Sindh and N.W.F.P. H.B.T./14/NIRC Order accordingly.