1984 PLP 1603 (PLC)

"We would consequently direct the learned Senior Member to hold an enquiry under section 22‑EE of the Industrial Relations Ordinance, 1969 to satisfy himself whether (1) The places where the workers are employed outside Islamabad Territory, constitute `establishments' and, if so, (2) Whether it is in the interest of workers that these establishments should be declared part of one C.B U. together with the establish ment of C.D.A. in Islamabad Territory. 'these questions being questions of fact on the evidence, we would direct aim to hold the enquiry expeditiously..."

4. In compliance with the directions of the Full Bench of the Com mission all the Unions registered with the Commission were given the opportunity of being heard. Even those Unions who had not amended their constitution in the light of the order, dated 12tb October, 1984 were also associated in the enquiry.

5. The case was taken for the first time on 5th May, 1984. A request was made by the Unions that they may be given time to file affidavits. The case was consequently adjourned to 12th May, 1984 on which date the Unions filed their affidavits. The Litigation Officer, C.D.A. again filed written arguments on behalf of the C.D. A. It was contended by them that the C.D.A. is one establishment and the offices where the workers are employed whether in or outside Islamabad Territory are not different establishments. It was further contended that these offices have neither different management nor different accounts. However, in para. 2 of their written arguments, the C.D A. admitted that the employees of the C.D.A. working in the offices situated inside and outside the Islamabad Capital Territory are inter transferable and the workers of the C.D.A. have no different Collective Bargaining Agents Unions and constitutions of the Unions provide that their membership is open to all the employees of the Capital Development Authority.

6. C.D.A. Construction Staff Union Islamabad in their affidavit admitted that the C.D.A. has its offices in Lahore, Multan, Jhang and Karachi. The C.D.A. Labour Union which was the any , slant before the Full Bench, in para. 7 of their affidavit also admitted the existence of other offices outside Islamabad. However, it was contended that the workers employed in the Karachi Liaison Office are being supervised by different Directorates. Their seniority and other terms and conditions are same as that of other employees working at Islamabad. Their gave routine matters are being looked after and supervised by the respective Directors. It was also contended that their posting is not permanent and that they are getting all the benefits agreed or guaranteed to the workers it Islamabad by various settlements or agreements reached between the L. D. A. and Management. It was further contended that irrespective of their place of duty they are eligible to become members of any trade Union registered in Islamabad being employee of the C.D.A. On these grounds it has been submitted that the workers employed outside Islamabad should not be treated as workers employed in different establishments located outside Islamabad but should be treated employees of one establishment. It was further submitted that there are some places for instance Jhang, and Sahiwal where only one employee is posted. It was, therefore, contended that Sahiwal or Jhang should not be treated as an establishment. It eras next contended that the employees/workers employed outside Islamabad are limited in number and it will not be possible for all the Unions to extend their physical membership outside Islamabad in order to become eligible for registration as Industry‑wise Trade Union. The General Secretary C. D.A. Employees Federation adopted the same arguments.

7. On the other hand, the General Secretary, C.D.A. Mazdoor Union submitted that the offices located outside Islamabad are separate establish ments of the C.D. A. and should be included in the collective bargaining unit.

8. A perusal of the above discussion would reveal that the C.D.A. has the following different offices outside Islamabad performing different functions (1) Karachi. (2) Lahore. (3) Jhang. (4) Chaklala Bypass. (5) Multan. As stated earlier the C. D.A. Labour Union has admitted the presence of different offices outside Islamabad. The C.D.A. itself has also admitted the same position. The fact that the employees working in offices located outside Islamabad are controlled by Islamabad through various Directors does not change the position. It is generally in the case of big establish ments that there is main office which controls various establishment. This is true in the case of Posts, Telephone and Telegraphs Department. Railways, Banks etc. etc. If the contention of C.D.A. Labour Union is a upheld it A would mean that no industry‑wise trade Union can be registered in Railways, Posts, Telephones and Telegraph, Banks etc. It would be very Interesting to note that prior to passing of the order, dated 12th October, 1983 the C.D.A. itself had different Unions for its different establishment e. g. (1) C.D.A. Municipal Employees' Union, (2) D.G:W. Staff Union, (3) M.P.O. Staff Union, (4) Construction Staff Union (5) Horticultural Staff Union. If Unions could be formed in all these offices, branches and establishment of the C.D.A., there is no reason why the workers working in the Karachi liaison office, or Lahore Office should be denied to form their own Unions Such Unions if found could be registered by R.T.U. Sind or R.T.U. Punjab as the case may be and not by R.T.U. Islamabad by virtue of the definition, of the term "establishment".

9. The term "establishment" is defined under section 2(ix) of the Ordinance to mean an office firm industrial unit undertaking shop or pre mises in which workmen are employed for the purpose of carrying on an industry; and except in section 22‑EE, includes a collective bargaining unit, if any, constituted under that section in any establishment or group of establishments.

10. Having held that there are some establishments of the C.D.A. which are located in the Province of Sind, and Punjab, it is to be decided if workers working in such areas are to be included in collective bargaining unit determined on 12th October, 1983. It has been brought on record by the C.D.A. Labour Union itself that the workers working outside Islamabad have a common seniority and ace inter‑transferable. It would be, therefore, both just and feasible to determine and certify all the workmen working in the C.D.A. whether posted in or outside the Federal Territory of Islamabad as one Collective Bargaining Unit. I order accordingly.

11. Incidentally this order would not affect those Unions who have already amended their constitution in the light of the order, dated 12th October, 1983 and have got themselves registered with the Commission as industry‑wise trade Unions. Such Unions having membership in more than one Province can only be registered by the Commission and not by the Registrar, Trade Unions, Islamabad whose territorial jurisdiction is confined within the Federal Territory of Islamabad.

12. The learned counsel Mr. Abdul Rashid, appearing on behalf of the C.D.A. Labour Union during his arguments came out with the main problem facing the C.D.A. labour Union and other Unions. The learned counsel frankly admitted that the C.D..A. Employees Union and the C.D.A. Mazdoor Union have enrolled all the workers working outside Islamabad as their members and consequently they (C.D.A. Labour Union) cannot show physical membership in more than one Province in spite of the fact that they have amended their constitution to make their Union as industry -wise Trade Union. The learned counsel submitted that since a worker can not become member of more than one Union, the workers are afraid to join their Unions. The learned counsel voiced his apprehension that due to this practical difficulty the rival Unions might exploit the situation by raising legal objections against C.D.A. Labour Union in the referendum proceedings which are in progress.

13. In the explanation added to section 22‑A, the term industry‑wise Union is defined to mean as under: Explanation.‑--In this section and in the succeeding provisions of this Ordinance, the expressions "industry‑wise Trade Union", `federation of such Trade Union, and a trade Union the membership of which extends to establishment in more than one Province and a federation of trade Unions whose membership extends to registered trade Unions in more than one Province. Thus, the above explanation shall have to be read in the light of the powers given to the Commission under subsection (4) of section 22EE o the Ordinance which lays down that an order of the Commission under this D section shall have effect notwithstanding anything to the contrary con tained in this Ordinance.

14. Taking into consideration the peculiar nature of the circumstances of the case that some of the Unions are willing to enrol workers outside Islamabad as their members but there is no worker available for enrolment I order that all those Unions whose constitution allows the extension, off membership more than one Province shall be registered by the commission as industry‑wise trade Unions and shall be competent to take part in the coming Secret Ballot. The fact that such Unions do not have physical membership in more than one province shall not be a bar for their registra tion as an industry‑wise Trade Unions. A. E. Order accordingly.