2010 PLP 487 (PLC)

BASHIR AHMEID, MEMON (MEMBER).

The present petition was brought by the petitioner union under section 25(8)(g) of the IRA, 2008 claiming itself to be collective bargaining agent in the establishment of respondents. It is alleged by the petitioner union that from the day of formation/registration/CBA-ship of the union the respondents had created hurdles in the way of petitioner, union for getting it deregistered etc. on the ground that the provisions of IRA, 2008 are not applicable to the respondents' establishment.

2. Alongwith main petition application under Regulation 32(2)(c) of NIRC(P&F) Regulations, 1973. was filed by the petitioner union and at the time of admission of the petition on 18-2-2009 interim stay order was granted in favour of the petitioner union.

3. In the present petition the petitioner has purely shown its apprehension that due to formation and getting its registration and certification as CBA by the RITU the respondents are against its activities, as such it apprehends adverse action against the members and office-bearers of the union. It is also asserted that petitioner union has submitted charter of demands whereby has raised industrial dispute and the respondents management is not going to settle the industrial dispute on the ground that since another union has been registered and the said union has applied for holding of referendum it is why the negotiations on charter of demands are not being held.

4. The respondents have denied all the allegations of unfair labour practice alleged by the petitioner and they have very clearly asserted that they will honour verdict of workers given to any CBA union during the polls and the said matter is pending before the learned RITU. The respondents have asserted that besides bald and vague allegations there is no any specific instance of unfair labour practice alleged against the respondents. On the other hand the respondents have asserted that on 12-2-2009 at about 12-20 hours a group of persons namely Faiz Muhammad, Muhammad Nabi, Muhammad Yunus, Muhammad Fazal and Muhammad Arif gone to the office of Wg. Cdr. (Retd.) Farooq-ul-Karim, Assistant Manager (Flight Operations) with whom they only not abused but Faiz Muhammad attempted to criminally assault him and the matter was reported to S.H.O., Airport Police Station on the very same day for taking legal action against them and it gave cause of action to the petitioner for filing the present petition. The respondents have prayed for dismissal of stay application as well as main petition.

5. It will be worth to mention here that formation/registration of the union has been finally adjudicated by the Full Bench and even Labour Court of this Commission. Prior to hearing the arguments on present stay application this Bench of Commission has overruled the objections raised by the respondents regarding applicability of IRA, 2008 after hearing both the parties vide order dated 12-1-2010, as such there is no necessity to discuss further on this issue. Even otherwise no specific instance of unfair labour practice has been alleged by the petitioner union which is mandatory requirement regarding case of unfair labour practice. However it is admitted position that referendum proceedings are under process and in this situation if the office-bearers or active workers of the petitioner union are disturbed the union will lose its strength. Therefore the respondents' management is directed not to disturb the services of office-bearers and members of petitioner union till the referendum is held in the establishment. In view of the above facts and circumstances and observations the petition stands disposed of. H. B. T. /34/NIRC Order accordingly.