1997 PLP 149 (PLC)

Malik Meharban, Representative for Petitioners S. Rais Ahmad Jafri for Respondents. This is a petition under section 22‑A(8)(g) of the I.R.O., 1969 filed by Peoples Unity of Habib Bank Ltd., Employees, Rawalpindi through Chairman and Office Secretary with the contention that they have formulated a new trade union in the establishment of Habib Bank Ltd., Rawalpindi Division and for the purpose of registration. They have already submitted the required documents alongwith application before the Registrar of Industries Trade Unions, Islamabad on 2‑5‑1995. It is contended that due to this reason the respondent No. I /Management is annoyed and also at the instance of respondents Nos. 2 and 3, is bent upon victimisation of the petitioner and its members through its acts of unfair labour practice within the meaning of section 15 of the IRO, 1969. Considering such averments interim injunction was granted in favour of the petitioners on 1‑10‑1995.

2. The petition was strongly contested by the respondents by way of filing of written statement and rejoinder to the stay application, wherein certain preliminary legal objections were also raised as to the maintainability of the petition.

3. I have heard the learned counsel and have also considered the documents filed on record.

4. It is an admitted feature of the case that the petitioners have formulated a new trade union in the establishment of Habib Bank Ltd. in the region of Rawalpindi‑Islamabad, Murree, Kahuta Zones, Rawalpindi and to get the same registered. They have submitted application before the Registrar of Industries Trade Unions, Islamabad on 2‑5‑1995. It is however, very strange that the stay application is pending before the learned Registrar of Industry wise Trade Unions, since from 2‑5‑1995 i.e. for a period of more than 6 months, whereas under the provisions of section 8 (1) of the I.R.O., 1969, the Registrar is required to dispose of the same within a period of 15 days. Resultantly such inordinate delay has resulted in filing of the present petition. The petitioners have made a simple prayer in the petition that the respondents be restrained from transferring, termination, dismissal, discharge or removal from employment the members of the petitioners union, by way of unfair labour practice within the meaning of section 15 of I.R.O., 1969. At this stage, I feel it necessary to observe that it is also one of the duties of the learned Registrar to pass such an order within the meaning of sections 8‑A of the I.R.O., 1969 while entertaining such application for registration. For ready reference the provisions of section 8‑A are reproduced herein under: "8‑A. Transfers etc., of officer of trade union during pendency of application for registration. ‑‑‑Save with the prior permission of the Registrar, no officer of a trade union of workman shall be dismissed or otherwise punished during the pendency of an application for registration of the trade union with the Registrar, provided that the union has notified the names of its officers to the employer in writing. " 5. "After going through the prayer clause made in the petition and the provisions of section 8‑A of the I.R.O., 1969 read with section 22‑A(8)(g) of the I.R.O., 1969 as well as in view of the admitted features of the case that the application for registration is pending before the Registrar of Industries Trade Union, Islamabad, I am inclined to accept the petition and confirm the interim injunction order dated 1‑10‑1995 in favour of the petitioner. There shall be no orders as to costs. H.B.T./277/NIRC ?????? ??????????????????????????????????????????????????????????? ??????????? Petition accepted.