Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.22, 22-EE & 52--Industrial Relations (Sind) Rules, 1973, Rr.48-B, 51 & 52-­Collective Bargaining Agent--Two Trade Unions of State Bank of Pakistan i.e. Non-Clerical Union and Employees Union seeking status quo on ground that they were already practically working as Collective Bargaining Agent for their respective members--None of Unions had attained any certificate from Registrar, Trade Unions, to be Collective Bargaining Agent under S.22, Industrial Relations Ordinance and none of Unions had been recognised in writing by State Bank of Pakistan to be Collective Bargaining Agent--Both Classes of employees working in same establishment and not to separate establishment--Appointment of separate Collective Bargaining Agent for said classes of employee was not warranted unless NIRC determined and certified that more than one Collective Bargaining Agents were necessary, just and feasible for safeguarding interest of workmen--There could be only one Collective Bargaining Agent in one Establishment--Appellants unable to establish their rights to be working as Collective Bargaining Agent under S.52, Industrial Relations Ordinance, their appeals against order of Labour Court dismissing their applications for appointment as Collective Bargaining Agent not sustainable. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.39(1)(d), proviso--Collective Bargaining Agent--Employer not prevented from entering into agreement with any Trade Union which might not be Collective Bargaining Agent except in cases covered under proviso to S.39(1)(d) of Industrial Relations Ordinance--Law contemplates situation where there is no Collective Bargaining Agent and provides for relief to workers even in such cases. DECISION I propose to dispose of the two appeals by this one decision as the facts and questions of law involved in both the appeals are same. 2. The dispute is between four Trade Unions. State Bank of Pakistan Class IV Employees Union (hereinafter called the 'Non-clerical Union' was registered with the Registrar of Trade Unions in 1958. It was confined to non-clerical staff of lays IV only of all the offices…

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