2000 PLP 418 (PLC)

Farooq Zaman Qureshi for Respondents. This Intra‑Court Appeal. is directed against the order, dated 25th of October, 1999 passed by the learned Single Judge in Chambers, whereby, Constitutional petition filed by the appellant was dismissed. The facts of the case are that the appellant is a registered trade union at the national level under the Industrial Relations Ordinance. 1969 with National Industrial Relations Commission for the workers, employed in the Allied Bank of Pakistan Limited while the respondents 2 and 3 are the registered trade unions at local level with the Registrar Trade Unions Punjab for Employees, Allied Bank of Pakistan, Lahore Circle. The respondent No.2 i.e. Allied Bank Staff Union, Lahore Circle, Lahore moved an application to the Registrar Trade Unions Punjab, respondent No.1 under section 22(2) to determine Collective Bargaining Agent for the Employees of Allied Bank, Lahore Circle. The respondent No.l initiated proceedings on the said application and under subsection (3) of section 22 of Industrial Relations Ordinance 1969 issued notice to the respondent No.3, the only other registered trade union with the Registrar as trade union for Employees of Allied Bank, Lahore Circle, to participate in the referendum for determination of the Collective Bargaining Agent and passed order on 12th of December, 1998. The appellant having not been served with any notice by the Registrar of the Trade Unions i.e. respondent No.l and not allowed to participate in the secret ballot for determination of Collective Bargaining Agent for the workers of the Allied Bank of Pakistan, Lahore Circle, had assailed the order of the respondent No.l dated 12‑12‑1998 through Constitutional petition. The respondent No.1 was called upon to submit report and parawise comments to the Constitutional petition and thereafter, hearing the arguments from both sides, the petition has been dismissed vide judgment dated 25‑10‑1999, hence, this appeal. The learned counsel for the appellant has reiterated his argument that appellant's union is a registered trade union for the employees of Allied Bank of Pakistan Limited at national level with National Industrial Relations Commission and as its members also include employees at Lahore Circle as well, hence, under subsection (3) of section 22 of the Industrial Relations Ordinance, 1969, the respondent No.1 was obliged to issue a notice in writing calling upon the appellant/trade union to contest and should have allowed the appellant to participate in the Referendum but respondent No. 1 has failed to perform his statutory duty, hence, the proceedings taken by the respondent No. 1 and ultimate Referendum held is void and without lawful authority. On the other hand, the learned counsel appearing on behalf of the respondents has argued that Industrial Relations Ordinance, 1969 envisages two types of Trade Unions i.e. trade unions in the establishment or group of establishments at local level/regional level, registered with the Registrar Trade Unions and a trade union registered with National Industrial Relations Commission at national level. Thus, under subsection (3) of section 22 of the Industrial Relations Ordinance, 1969, notice is contemplated to be issued by the Registrar to the Trade Unions registered with the Registrar for the establishment or group of establishments to which the application relates for referendum, hence, no notice is contemplated to be issued under subsection (3) of section 22 of the Industrial Relations Ordinance to the appellant as the appellant as trade union is neither a registered trade union with the Registrar nor it is a trade union for Lahore Circle for the employees of Allied Bank, hence, the respondent No.1 has acted in accordance with law by not issuing notice to the appellant and further there is no legal infirmity in the order passed by the learned Single Judge. We have considered the arguments of the learned counsel for the parties. No exception to the order passed by the Registrar Trade Unions dated 12‑12‑1998 and further maintained by the learned Single Judge in Chambers can be taken: The appellant trade union is neither a registered trade union with the Registrar who had to determine the C.B.A. of employees of Allied Bank, Lahore Circle, nor the appellant is a trade union of the establishment or group of establishments to which the application for referendum relates. Admittedly, the C.B.A. was to be determined through referendum regarding Employees of Lahore Circle of Allied Bank only and not of the Employees of Allied Bank at national level. The determination of C.B.A. amongst industry wise trade unions at national level has to be conducted by the N.I.R.C. under section 22‑A of the I.R.O. for which the appellant shall have a right of notice and right to contest. We do not find any illegality or irregularity in the order of the Registrar Trade Unions dated 12‑12‑1998 by not issuing notice to the appellant under subsection (3) of section 22 of the I.R.O. The appellant is a registered trade union with N.I.R,.C. under section 22‑A (8 (d) (e) hence it is not at par with the trade union registered with the Registrar Trade Unions and, thus, has rightly been excluded from taking part in the referendum for determination of the C.B.A. for the local or regional or circle level of Employees of Allied Bank, Lahore. In the circumstances, finding no force, this I.C.A. is hereby a dismissed. H . B. T. /A‑39/L Appeal dismissed