Law: Industrial Relations Act, 2012

Section: 33,20,21,60

Law: Constitution of Pakistan, 1973

Section: 199

Industrial Relations Act (X of 2012)--- ----Ss.33, 20, 21 & 60---Constitution of Pakistan, Art.199---Intra Court Appeal---Constitutional petition seeking relief(s) for the enforcement of legal right(s) of the members of trade unions---Maintainability---Collective Bargaining Agent ('CBA'), functions of---Functions of a trade union in the absence of a certified CBA---Scope---Appellant( Pakistan Telecommunication Company Limited ('P.T.C.L.'), impugned the judgment passed by the Single Bench of the High Court whereby constitutional petition filed by respondents (four registered trade unions in the establishment of P.T.C.L.) was partly allowed---Plea of the respondents / trade unions, while placing reliance on S. 21 of the Industrial Relations Act, 2012 ('the I.R.A, 2012'), was that a registered trade union can perform any act or function which is required to be performed under the provisions of the I.R.A, 2012, by a CBA where it has not been notified; and since the CBA had not been notified at the time when the constitutional petition was filed, the respondents / trade unions were well within their rights to have filed the constitutional petition---Validity---All the petitioners in constitutional petition were trade unions in the establishment of P.T.C.L.---Relief that was sought in the constitutional petition as referred to in relevant paragraph of the memo of petition as well as the prayer clause showed that none of the reliefs sought were for the enforcement of any of the legal rights of the trade unions but those of its members---Section 33(1) of the I.R.A, 2012, entitles a worker to bring his grievance in respect of any right guaranteed or secured to him by or under any law or any award or settlement to the notice of his employer in writing "either himself or through his shop steward or collective bargaining agent" within 90 days of the date on which the cause for such grievance arises---Under said S.33(1), a CBA can espouse the cause of a worker by submitting a grievance notice to the employer---Similarly a grievance petition under S. 33(4) of the I.R.A, 2012, against a decision of the employer can be filed before the N.I.R.C. by the CBA when a dissatisfied…

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