2012 PLP 247 (PLC)

GHULAM NABI DEESHAK, REGISTRAR/AUTHORISED OFFICER.

This order will dispose of application filed by President Sui Southern Gas Workers Union for allowing the employees who have been engaged on contract, outsource and third party workers to cast their votes in the forthcoming referendum in the establishment of Sui Southern Gas Company to the Registrar of Trade Union. The learned Registrar vide order dated 24-11-2011 has referred this application to undersigned for hearing and disposal. On receipt of this application the notices were issued to the respondent Sui Southern Gas Company for comments. The General Manager Human Resources contested and filed objections against allowing the contract out of sources and their party workers to cast their votes in the referendum.

2. I have heard the arguments advanced by the applicant and learned Counsel of SSG Company. Mr. M. Tariq Farooqi President of Sui Southern Gas Union has argued that the list of workers submitted by him they are working on Daily Wages/contract in the company since more than 20 years but they are not being regularized and the Company is paying the salary to them through contractors. He further argued that some of contract workers have become member of the trade unions, therefore these members may be allowed to cast their vote in the referendum.

3. On the other side Mr. Faisal Mahmood Ghani learned advocate for the Company has argued that the referendum has been ordered to be held in the establishments of Sui Southern Gas Company, the necessary pre-condition is that the workers should be in possession of an appointment letter of contract of Sui Southern Gas Company and they should be in employment for at least three months as provided in section 19(4)(a) of IRO, 2011. The list of workers submitted by applicant for allowing them to cast their vote in the referendum have no relationship with Sui Southern Gas Company. He further argued that company has outsource certain specific job independent service provider/contractors for the purpose of execution of contract agreement employed their own employees, pay them salaries/wages and exercise control supervision over them to all the contract workers. The instant application has been filed with mala fide intention merely to delay the process of the referendum. He prayed for rejection of this application. I have heard the arguments advanced by applicant and learned counsel for Sui Southern Gas Company. It is submitted that applicant has failed to produce letter of appointments or any evidence which shows that these workers are employed by SSG Company and also has not produced membership forms of these workers which reflects that they are members of his union and paying subscription to it.

4. In the circumstances cited above the application filed by applicant seeking for outsider to cast their votes in the referendum is rejected accordingly. H.B.T./2/NIRC Application rejected.