1991 PLP 786 (PLC)

NASIR ASLAM ZAHID, J.

By this petition, the order dated 16-1-1991 passed by the Registrar Industry wise Trade Unions, reproduced here, has been impugned: "WHEREAS the Secretary-General (HBENO), Habib Bank Employees National Organization has moved application before learned Member Mr. Abdul Hafeez Amjad, NIRC and Registrar of Industry wise Trade Unions, in which he has alleged that the Registrar of Trade Unions has started referendum proceedings in the establishment of Habib Bank Limited, which is pending before the RITU for trial. THEREFORE you are directed not to hold referendum in the establishment of Habib Bank Limited till the disposal of this case." We have heard Mr. Suleman Habibullah, learned counsel for the petitioner and Mr. Khalid Javed, learned counsel for respondent No.2.

2. It is submitted by Mr. Suleman Habibullah that the following four unions were registered in respect of the establishment of Habib Bank Limited:- (i) Habib Bank Employees Union (for the employees of Habib Bank Limited in Sindh) .. .. .. .. .. .. .. Petitioner in this petition. (ii) Habib Bank Workers Front (also for the employees of the Habib Bank Limited in Sindh). (iii) Habib Bank Employees National Organisation (Industry wise Trade Union) Respondent No.2 herein. (iv) United Workers Front of Habib Bank Limited (Local union for the employees of Habib Bank Ltd. in Sindh and at present the Collective Bargaining Agent for Sindh employees of Habib Bank Ltd). Litigation has been going on for years between the parties and other Unions. The stand of respondent No.2 Union is that it is registered as an Industry wise Trade Union and as and when it is certified as the Collective Bargaining Agent or some other Industry wise Trade Union is so certified, the other local unions of Habib Bank Ltd. will lose their status as Collective Bargaining Agents for local areas. This position is not controverted by Mr? Suleman Habibullah who appears for the petitioner 'a local union of the employees of Habib Bank Limited for Sindh but, according to Mr. Suleman Habibullah, so far no Industry wise Trade Union has been certified as Collective Bargaining Agent and till such time certification takes place, the local unions can continue performing their functions and the local Collective Bargaining Agents will also continue to operate under the Industrial Relations Ordinance, 1969.

3. It is not necessary to refer to the entire chequered history of the litigation between the parties. Suffice to observe that previously respondent No.2 had been registered as an Industry wise Trade Union by respondent No.l Registrar, but such registration was set aside by this Court in C.P. No.D-1161/89 which petition was allowed, the registration of respondent No.2 was cancelled and the matter was remanded to the NIRC to decide the application for registration of respondent No.2 as an Industry wise Trade Union afresh, after notice to all concerned including the local unions. The registration of respondent No.2 had also been challenged in the Peshawar High Court and, the Peshawar High Court, followed the decision of this Court and remanded the matter to NIRC. It is now -informed that the NIRC, by order, dated 3-2-1991, after hearing all concerned, again registered respondent No.2 as an Industry wise Trade Union. This registration has again been challenged by another local union of Peshawar and a statement is made at the Bar by Mr. Suleman Habibullah that the operation of the order dated 3-2-1991 of NIRC registering respondent No.2 as Industry wise Trade Union has been suspended by the Peshawar High Court in Writ Petition No.224/91. This statement of the learned counsel is taken on record.

4. The position that emerges is that today there is no registered Industrywise Trade Union whose registration is operative and, in any case, so far, no Industrywise Trade Union for the employees of Habib Bank Limited has been determined as Collective Bargaining Agent by NIRC. Mr.Suleman Habibullah further informs that the United Workers Front of Habib Bank Limited, a local union, was determined as Collective Bargaining Agent for the employees of Habib Bank Limited for Sindh nearly 14 years ago and, on account of different cases, so far no fresh referendum has taken place for determination of Collective Bargaining Agent for employees of Habib Bank Limited for Sindh and, by the impugned order dated 16-1-1991, the proceedings commenced by the Registrar, Trade Unions, Sindh, for holding referendum for determination of Collective Bargaining Agent for the employees of Habib Bank Limited for Sindh has been stayed,

5. In the circumstances, where as yet no Industrywise Trade Union has been certified as Collective Bargaining Agent by the NIRC, the Registrar Industrywise Trade Unions NIRC was not justified in suspending proceedings commenced by the Registrar, Trade Unions, Sindh, for holding referendum for employees of Habib Bank Limited in Sindh. It has also been noticed that, according to the petitioner, even the registration of the respondent No.2 as Industrywise Trade Union by the NIRC has been stayed by the Peshawar High Court. In the circumstances, we are of the view that the impugned order was not warranted by law and is liable to be set aside. 6- In the circumstances, this petition is allowed and the impugned order dated 16-1-1991 of respondent No.l is declared as illegal and of no legal effect. There will be no order as to costs. H.B.T./H-288/K????????????????????????????????????????????????????????????????????????????????? Petition allowed.