2007 PLP 674 (PLC)

JUSTICE (RTD.) TANVIR AHMED KHAN (CHAIRMAN/ RITU):

An application was given on 19th of June, 2006 by United Bank Employees Union consequent to the order, dated 6th of April, 2006 whereby two C.B.Us. were determined in the entire establishment of U.B.L. The said union according to the contents of its application on 29th of April, 2006 unanimously' amended its constitution and submitted the papers for approval. However, it is noted from the record that the proceedings were pending adjudication before the learned Labour Court for the cancellation of this very union. A development has taken place by the submission of an application on 17th of July, 2006 by Mr. Ashiq Hussain Chohan claiming himself General Secretary of the United Bank Employees Union in the company of Mr. Attiq-uz-Zaman, President and Mr. Zafar Iqbal, Deputy General Secretary of U.B.L. Employees and Workmen Union before the Deputy Registrar, N.I.R.C. The contents of the application are as under:

"It is submitted that the U.B.L. Employees and Workmen Union has applied for C.B.A. in the Punjab Islamabad, N.-W.F.P. C.B.U. The Executive Body of our Union, United Bank Employees Union,of Pakistan Reg. No.12/81 has unanimounsly decided not contest the referendum and we have no objection if C.B.A. Certificate is issued in favour of applicant union." Mr. Attiq-uz-Zaman and Mr. Zafar Iqbal both of them have stated in categorical term that the aforementioned application has been given by Mr. Ashiq Hussain Chohan freely without any pressure consequent to the unanimous decision of the Executive Body. It is reflected from the aforementioned application that the said union has voluntarily withdrawn from the contest of the referendum. This being the position in view of subsections (3)(ii) of section 12 of the Ordinance the registration of the union would result in its cancellation as it has decided not to be contestant in the Referendum. The provision is as under: (3) The registration of a trade union shall be cancelled by the Registrar, by giving reasons for such cancellation in writing, if, after holding an inquiry he finds that any trade union: (i) ?????????????????????????????.?????????? (ii) has not been a contestant in a referendum for the determination of a collective bargaining agent; or" It is pertinent to mention here, as already stated in the preceding paragraphs that the proceedings qua the cancellation of registration of United Bank Employees Union are pending adjudication before the learned Labour Court wherein the case is fixed for order on 27th of July, 2006. In view of what has been stated above the registration of United Bank Employees Union is cancelled. Office is also directed to place this order on the file of learned Labour Court. The applicant union be also directed to surrender the registration certificate within fortnight. H.B.T./17/N.I.R.C.????????????????????????????????????????????????????????????????????????????? Order accordingly.