2012 PLP 268 (PLC)

RASHID AZIZ KHAN (CHAIRMAN).

Common question of law and facts are involved in Cases Nos.19(6) of 2011 and 19(7) of 2011, therefore, I Intend to dispose of these two cases by this single order.

2. One Aijaz Ahmed who claims to be acting President of United Bank Labour Union registered at local level in Sindh Province has moved an application under Order I, Rule, 10, C.P.C. for impleading it as a necessary party to the pleadings. Since the applicant union is registered with the Registrar Trade Union Sindh under the Industrial Relations (Revival and Amendment) Act, 2010 which is Sindh Provincial Act therefore, the application cannot be entertained in the present case which is accordingly disposed of. However, the union may approach the Commission after it has amended its constitution and opened the membership for the workers of the other Provinces and thereafter it can apply for its registration at national level with this Commission.

3. The application moved by UBL Labour Union of Pakistan under Order I, Rule, 10, C.P.C. for impleading it to the proceedings as a necessary party cannot be considered as it has no locus standai as its registration application is yet to be decided by the RTU NIRC therefore, the proceedings in the present case cannot be kept pending for indefinite period. The learned counsel for the Management has cited case-law 2001 PLC 135 which pertains to the Establishment of Aero Asia wherein the Hon'ble Full Bench of this Commission after referring to a High Court Judgment wherein it was held that unregistered union cannot be sue or sued. Therefore the application is rejected.

4. In both the cases notices were given to all registered industry wise trade unions. All the representatives of these union have filed their written comments and fully supported the application except Representative of respondent No.3 in Case No.19(7) of 2011 who verbally gave his concurrence and did not object. The learned counsel for the management stated that the previous arrangement is beneficial for the workers as well as the management and three settlements were signed between the parties. The Bank has presence in all the four Provinces as well as Capital Territory Islamabad and in support he relied on the consolidated Annual Report 2010 issued by the UBL. Further he relied on a judgment of the Division Bench of the Sindh High Court in C.P No.D-1403 of 2008 pertaining to CBUS wherein it has been held that no full fledge evidence is necessary in such case and discretion has been given to the Commission to conduct such inquiry as it deems fit. Same view has been taken in two separate judgments of the Full Bench of this Commission reported as 1988 PLC 894 and 2003 PLC 391.

5. In view of the above discussion and the prayer of tile petitioners, to the extent of two CBUs in the establishment of UBL, one for Sindh and Balochistan and another for Punjab, Khyber Pakhtunkhwa and Islamabad capital territory is re-determined and allowed. It may be pointed out that no union/management has opposed the prayer. The local unions, if so desire may amend their constitution through opening their membership to the workers employed in the respective CBUs within one month and get it selves registered with this Commission as a union of Trans-provincial character. This decision shall remain in-force for a period of five years from the date of expiry of the period specified in order passed in Case No.19(7) of 2002 dated 6-4-2006.

6. A copy of this order may be sent to RTU, Sindh, Punjab, KPK and Balochistan. H.B.T./3/NIRC Order accordingly.