Law: Industrial Relations Act, 2012

Section: 2(xxxii),62,87

(a) Industrial Relations Act (X of 2012)--- ----Ss. 2(xxxii), 62 & 87---Collective Bargaining Unit of employer Bank and Collective Bargaining Agent of Trade Union---Determination of---Applicant Trade Union sought declaration of all establishments of the Bank (employer) as one Collective Bargaining Unit all over the country---Certain documents filed by applicant in support of its claim, had indicated that the Union was registered with the National Industrial Relations Commission as Industry-wise Trade Union---Entire establishment of Bank was controlled and managed by one party; balance sheet, profit and loss of the entire establishment of Bank was the same, which was running its business throughout Pakistan, having its Head Office at Karachi---Bank had its more than 1400 branches in all the four provinces as well as Islamabad Capital Territory---Bank was, in circumstances, a Trans-provincial establishment in terms of S.2(xxxii) of Industrial Relations Act, 2012---Registration of unions of the Bank at Provincial level, in circumstances, was unlawful and contrary to the spirit of Industrial Relations Act, 2012, which had overriding effect in terms of S.87 thereof---One Collective Bargaining Unit in the establishment of the Bank had been working even when there was no law or concept of 'Trans-provincial' establishment---After legislation of Industrial Relations Act, 2012, it was imperative that mushroom growth of unions at provincial level was curtailed in order to avoid non-uniformity of terms and conditions of employment---Services of the workers were transferable to other provinces as well---Both under the law as well as the consistent decisions of superior Courts there could not be more than one Collective Bargaining Agent in the establishment or group of establishments on the basis of certificate of National Industrial Commission, on all Pakistan basis; and the certificate of Collective Bargaining Agent, issued by Provincial Registrar Trade Unions giving the status of Provincially registered trade union as Collective Bargaining Agent was illegal and without lawful authority---All the provincially registered trade unions functioning in any Province, were…

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