2007 PLP 127 (PLC)
NATIONAL BANK OF PAKISTAN STAFF UNION through Secretary-General and President Versus REGISTRAR TRADE UNIONS (SINDH) KARACHI and 9 others
| Citation | 2007 PLP 127 (PLC) |
| Forum / Court | National Industrial Relations Commission |
| Bench Members | Justice (Retd.) Tanvir Ahmed Khan, Chairman, Raja Abdullah Khan, Muhammad Shabbir Jamal, Members |
| Parties | NATIONAL BANK OF PAKISTAN STAFF UNION through Secretary-General and President Versus REGISTRAR TRADE UNIONS (SINDH) KARACHI and 9 others |
| Primary Law | Industrial Relations Ordinance (XCI of 2002) |
Q1: What are the key laws and sections cited in 2007 PLP 127 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XCI of 2002) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 127 (PLC)?
The case was heard and decided by the National Industrial Relations Commission bench comprising: Justice (Retd.) Tanvir Ahmed Khan, Chairman, Raja Abdullah Khan, Muhammad Shabbir Jamal, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 127 (PLC) (NATIONAL BANK OF PAKISTAN STAFF UNION through Secretary-General and President Versus REGISTRAR TRADE UNIONS (SINDH) KARACHI and 9 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Islam Hussain for Appellant.
- Faisal Mahmood Ghani for Respondent No.5.
- M.K. Khan for Respondents Nos.6 and 7.
- Mushtaq Hussain Bhatti for Respondent Nos. 8 to 10.
- ----Ss. 52 & 54---Banking Companies Ordinance (LVII of 1962), S.27-B [as inserted by Banking Company Amendment Act (XIV of 1997)1---Determination of Collective Bargaining Unit---Appeal to National Industrial Relations Commission---Maintainability--Appeal was directed against order of Single Member of National Industrial Relations Commission whereby prayer of appellant union for determining entire Bank as one Collective Bargaining Unit was declined---Said appeal was filed by a practising Advocate as General Secretary of appellant union---Said practising Advocate had no locus standi to file appeal-as in view of section 27-B of Banking Companies Ordinance, 1962, he could not claim himself as General Secretary of the appellant Union---Section 27-B of Banking Companies Ordinance, 1962 had clearly provided that only an employee in the actual service of Bank would be eligible to join the union---Five Collective Bargaining Units had been successfully functioning in the Bank for the last three decades---Neither the management nor any other union had raised a finger against functioning of said five Collective Bargaining Units in the Bank---Even a recent settlement benefiting the workers, was agreed to by five Collective Bargaining Units with the management---Appellant union could not produce any evidence nor quoted a single instance that by determination of five Collective Bargaining Units, functioning of the Bank had suffered in any manner---Relationship of the Collective Bargaining Units with the management, was very cordial and Bank had witnessed industrial peace, harmony and excellent state of affairs throughout all that period between the workers and the management---Appeal by appellant union, having no force was dismissed in circumstances.
- We have considered the contention and have gone through the documents appended with this appeal. The objection of the learned Counsel appearing for the respondent-Bank Mr. Faisal Mahmood Ghani that the present appeal is not maintainable has got force, as Mr. Islam Hussain a practising Advocate has got no locus standi to file the same. He cannot claim himself as General Secretary of the union in view of Section 27-B of the Banking Companies (Amendment) Act (XIV of 1997). This amendment has clearly provided that only an employee in the actual service of a Bank would be eligible to join the union. It is further stated by the learned Counsel for the respondent-Bank that five Collective Bargaining Units have been successfully functioning in the National Bank of Pakistan for the last about three decades. He has also pointed out that even the last settlement of all the Collective Bargaining Agents with the management has taken place in February, 2005.
Headnotes / Summary
Ss. 52 & 54
Banking Companies Ordinance (LVII of 1962), S.27-B [as inserted by Banking Company Amendment Act (XIV of 1997)1
Determination of Collective Bargaining Unit
Appeal to National Industrial Relations Commission
Maintainability--Appeal was directed against order of Single Member of National Industrial Relations Commission whereby prayer of appellant union for determining entire Bank as one Collective Bargaining Unit was declined
Said appeal was filed by a practising Advocate as General Secretary of appellant union
Said practising Advocate had no locus standi to file appeal-as in view of section 27-B of Banking Companies Ordinance, 1962, he could not claim himself as General Secretary of the appellant Union
Section 27-B of Banking Companies Ordinance, 1962 had clearly provided that only an employee in the actual service of Bank would be eligible to join the union
Five Collective Bargaining Units had been successfully functioning in the Bank for the last three decades
Neither the management nor any other union had raised a finger against functioning of said five Collective Bargaining Units in the Bank
Even a recent settlement benefiting the workers, was agreed to by five Collective Bargaining Units with the management
Appellant union could not produce any evidence nor quoted a single instance that by determination of five Collective Bargaining Units, functioning of the Bank had suffered in any manner
Relationship of the Collective Bargaining Units with the management, was very cordial and Bank had witnessed industrial peace, harmony and excellent state of affairs throughout all that period between the workers and the management
Appeal by appellant union, having no force was dismissed in circumstances.
Judgment & Decree
This appeal is directed against the order, dated 25-7-2003 whereby the learned Single Member declined the prayer of the appellant union made under section 54 of the Industrial Relations Ordinance, 2002 (hereinafter referred to as an Ordinance) for determining entire National Bank of Pakistan as one Collective Bargaining Unit. Instead the learned Member determined five Collective Bargaining Units of the entire establishment. Hence this appeal. We have considered the contention and have gone through the documents appended with this appeal. The objection of the learned Counsel appearing for the respondent-Bank Mr. Faisal Mahmood Ghani that the present appeal is not maintainable has got force, as Mr. Islam Hussain a practising Advocate has got no locus standi to file the same. He cannot claim himself as General Secretary of the union in view of Section 27-B of the Banking Companies (Amendment) Act (XIV of 1997). This amendment has clearly provided that only an employee in the actual service of a Bank would be eligible to join the union. It is further stated by the learned Counsel for the respondent-Bank that five Collective Bargaining Units have been successfully functioning in the National Bank of Pakistan for the last about three decades. He has also pointed out that even the last settlement of all the Collective Bargaining Agents with the management has taken place in February, 2005. We have noticed that the memo. of appeal apart from Mr. Islam Hussain claiming himself as General Secretary of the appellant's union was also signed by Mr. Muhammad Iqbal its President. However, the affidavit and the verification respecting the memo. of appeal has only been signed by Mr. Islam Hussain. This being the position it can be safely stated at the very outset that the present appeal has been filed by a person who has no locus standi to file the same in view of the embargo placed by Section 27-B of the Banking Companies Ordinance. As far as the merits of the case are concerned five Collective Bargaining Units have been functioning successfully for the establishment of National Bank of Pakistan for more than three decades. Neither the management nor any other union has raised a single finger against the functioning of five Collective Bargaining Units in the Bank. As already stated that even a recent settlement benefiting the workers was agreed by five Collective Bargaining Agents with the management. The learned Single Member has taken all aspects of the case into consideration while deciding the application made by the appellant under section 54 of the Ordinance for determination of one Collective Bargaining Unit in the establishment of National Bank of Pakistan. The appellant union could pot produce any substantial evidence nor quoted a single stance that by determination of five Collective Bargaining Units the functioning of the Bank has suffered in any manner. The relationship of CBAs with the Management is very cordial. The respondent-Bank has witnessed industrial peace, harmony and excellent state of affairs throughout all this period between the workers and the management. It would be appropriate to reproduce the determinations of the learned Single Member in this respect which are in the following terms:-- "...the petitioner union has miserably failed to point out even a single instance that due to the determination of 5 CBUs, the relationship in respect of collective bargaining between the unions and the management of the Bank has been damaged, while on the other side, it is proved beyond any doubt that after creation of 5 CBUs in the NBP since 20-8-1976, the respondent-Bank has witnessed industrial peace, harmony and an excellent state of interaction of unions with the management." In view of what has been stated above, this appeal having no force in dismissed. H.B.T./151/NIRC??????????????????????????????????????????????????????????????????????????????? Appeal dismissed.