Case Details

Citation(s)
1988 SLG 1394 1988 SLD 1394 1988 PLC 880
National Industrial Relations Commission
Appeal No. 12(68) of 1987, decided on 15th March, 1988.
M.S.H. QURAISHI, CHAIMAN, S. IJAZ-UL-HASSAN MEMBER AND ASHRAF ALI, JOINT SECRETARY LABOUR DIVISION

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PECO HEAD OFFICE EMPLOYEES UNION and 2 others

VS

ALL PAKISTAN PECO WORKERS UNION and 14 others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ---Ss. 22-B, 22-EE & 22-F--Registration of Trade Union--Scheme of Ordinance in relation to registration of trade union stated--Petition for determination of Collective Bargaining Units filed in Industrial Relations Commission assigned by Chairman to Single Bench for disposal--Such Bench, therefore, had jurisdiction under the law to proceed with and decide the petition--Contention that Single Bench had no jurisdiction was not tenable. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 22-B(4) & 22-EE--Determination of Collective Bargaining Units-­Requirements of S. 22-EE--Whether an appropriate enquiry had been held and whether there was material on record to justify view formed by Commission was to be gauged by proceedings and record of case--Notices found to have been issued to all trade unions who made parties in petition and they had been given opportunity to present their view point,. produce documents and to appear and argue their respective points--Nothing to contradict statement of Management that all the four C.B.Us. used to make a joint demand and reach a single settlement for all the offices and factories--Single Bench, held, could not be said to have no adequate material before it for reaching its satisfaction and to pass the order creating only one C.B.U. for all the establishments of the Management--­Most important factor in determining C.B.U. as enjoined upon by S.22-EE was safeguarding of interest of workmen in relation to collective bargaining--Past practice of joint collective bargaining had thus, an important bearing in present case particularly when it had not been shown that such practice had operated to the prejudice of any group of workers. Asmat Kamal for Appcllants. Ch. Muhammad Khalid Farooq for Respondent No. 1-A. Nemo for Respondents Nos. 2, 4, 6, 9, 11, 12 and 14. Malik Bashir Ahmed for Respondent No. 15. Date of hearing: 4th February, 1988. JUDGMENT M. S. H. QURAISHI (CHAIRMAN).--This appeal came up for hearing under subsection (4) of section 22-B of I.R.O., 1969 in the absence of Mr. Ashraf Ali, Joint Secretary, Labour Division, being pre-occupied. The appeal…
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