2008 PLP 15 (PLC)

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

This order shall dispose of Case No.7A(26) of 2006 wherein the applicant/petitioner has taken exception to the initiation of process for the referendum to determine Collective Bargaining Agent for Walls Ice-Cream Factory Unilever Pakistan Limited 46 K.M. Multan Road, District Kasur.

2. Facts briefly are that Messrs Unilever Pakistan Limited a big establishment has got its different working units throughout Pakistan. In this establishment the following unions at local level were functioning in different units:-- (1) Lever Brother Employees Union, Rahimyar Khan. (2) Lever Brothers Pakistan Limited Employees Union Head Office, Karachi. (3) Walls Employees Union Lever Brothers 46 Kilometer, Multan Road, District Kasur. (4) Mazdoor Union Lever Brothers Pakistan Limited 41 Brook Bond Tea Factory, Khanewal. (5) Lever (Lipton) Mazdoor Ittehad Union Karachi.

3. The Federation on industrywise basis was formed in the name and style of "Lever Brothers Employees Federation of Pakistan" under I.R.O., 1969 (since repealed) and the registration certificate to the aforementioned Federation was issued on 6-2-1984. The aforementioned unions are affiliated to the Federation. With the affiliation of these unions with the Federation the members of the said unions became member of the Federation. Thereupon on the application of the Federation under section 22(1) of the I.R.O. 1969, the said Federation was determined as C.B.A. for the workmen employed in the Lever Brothers Pakistan Limited which name has now been changed as Unilever Pakistan Limited. This C.B.A. has been functioning continuously without any brake for the entire establishment since issuance of the aforementioned certificate and has been submitting annual returns. Last return was submitted in the year, 2005 which was received on 31st of August, 2006 in the Commission.

4. It is pertinent to mention over here that at the time of formation of Federation two constituent units i.e. Lever Brothers Employees Union Rahim Yar Khan and Lever Brothers Employees Union Karachi were -constituents of the Federation. However, subsequently other unions mentioned above have got their affiliation with the Federation.

5. Respondent No.2 Walls Saday-e-Haq Workers Union Walls' Ice Cream Factory Kasur applied for registration before the Registrar Trade Unions Government of Punjab, Kasur. The said union was registered by the local Registrar of Trade Unions and the Registration certificate was issued on 15-6-2006 inspite of the fact that earlier application by the same employees was declined by the Registrar of Trade Unions. However, ignoring the earlier decision for the registration of Local Union the Registrar issued certificate on 15-6-2006 to respondent No.2 Saday-e-Haq Workers Union. Since there is other union namely Walls Employees Union, Unilever which is affiliated to the Federation as such an application under section 20(2) was given by respondent No.2 for holding referendum for determination of C.B.A. Respondent No.1 started the process and through my order dated 2nd August, 2006 passed in this petition proceedings for determination of holding of referendum in the establishment of Walls Ice-Cream Factory Unilever Pakistan Limited 46 K.M. Multan Road, District Kasur set for 26th of August, 2006 was stayed.

6. It was argued on behalf of the applicant-Federation that it is actively functioning as Collective Bargaining Agent and has signed an agreement on 11-6-2006 with the Management under which benefits are enjoyed by the workers of all the units of Unilever Pakistan Limited including the workers employed in unit Walls Ice Cream Factory, Kasur. The workers of the said unit are duly represented by Walls Employees Union, Kasur which is an affiliated unit of the Federation. It was further argued that there cannot be two Collective Bargaining Agents in an establishment. The referendum proceeding initiated by the respondent No.1 (RTU) would be illegal and against the law. The learned counsel placed reliance on 2002 PLC 145 (Karachi) and 1996 PLC 49.

7. The learned counsel for the Management supported the contention of the applicant-Federation and has placed reliance on the case-law referred in 2006 PLC 342.

8. On the other hand it was contended by the respondent No.2 that Saday-e-Haq Workers Union Walls Ice Cream Factory, Kasur has been validly registered by the Registrar of Trade Unions Kasur, and the Registrar of Trade Unions has the jurisdiction to hold secret ballot under section 20(2) of I.R.O., 2002 for determination of C.B.A. The respondent No.2 further argued that Federation has concealed the fact that three are two other trade unions registered in the same factory. It is further contended that the application is liable to be dismissed due to non-joinder and misjoinder of the necessary parties.

9. Arguments of the parties and their learned counsel have been heard at some quite length.

10. It is admitted position that the applicant-Federation has been registered on 6-2-1984 and was certified as Collective Bargaining Agent in the March, 1984. It is also brought on the record that the applicant-Federation is actively functioning as C.B.A. and has recently signed an agreement which has also benefited all the workers employed in different units of Unilever Pakistan Limited including the workers employed in the Walls' Ice Cream Factory, District Kasur. The law is clear that there cannot be two C.B.As. in one establishment. The case-law produced by the applicant-Federation is relevant in the present circumstances. The only way out to the respondent No.2 is that to approach the Commission under section 54 of T.R.O., 2002 for determination of C.B.A. or C.B.Us. as observed in 1992 PLC

342. In view of above foregoing submissions, the application of the applicant-Federation is accepted and the proceeding undertaken by Registrar Trade Unions for determining G.B.A. in Kasur is declared to have been initiated without lawful authority and of no legal effect. The file is consigned to record. H.B.T./9/NIRC Application accepted.