| Citation(s) |
|---|
| 2006 SLG 1648 2006 SLD 1648 2006 PLC 348 |
National Industrial Relations Commission
Case No.7A (16) of 2005, decision dated: 6-07-2005.
JUSTICE (RTD.) TANVIR AHMED KHAN, CHAIRMAN/RITU
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Case No.7A (16) of 2005, decision dated: 6-07-2005.
JUSTICE (RTD.) TANVIR AHMED KHAN, CHAIRMAN/RITU
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ALLIED BANK LTD. through Attorneys
VS
ABL WORKERS FEDERATION OF PAKISTAN and 14 others ALLIED BANK LTD. through Attorneys vs ABL WORKERS FEDERATION OF PAKISTAN and 14 others
Law:
Section:
(a) Industrial Relations Ordinance (XCI of 2002)--------Ss. 18 (5), 20 (2), 20 (3)(b) & 49 (4)(e)---Federation of trade unions---Collective Bargaining Agent---Determination---Petitioner being employer sought restraining of respondent, a federation of trade unions, from participating in referendum---Validity---National Industrial Relations Commission was mandated under S.49(4)(e) of Industrial Relations Ordinance, 2002, to determine a Collective Bargaining Agent in any establishment having Federation of Trade Unions---Respondent trade union could not be restrained to participate in the referendum, which was a legal right---All rights which accrued to Federation under the law could be interfered with, unless and until the registration thereof was cancelled---Duty was cast under the provisions of Industrial Relations Ordinance, 2002, upon Federation to associate and cooperate with National Industrial Relations Commission in determination of Collective Bargaining Agent in an establishment---Such practice, if approved would promote healthy trade union activities in the country and would discourage mushroom growth of unions---In case Federation of trade unions was determined as Collective Bargaining Agent, then in that eventuality, the employer would have only to deal with the Federation and not with the federated trade unions---Office-bearers of the affiliated trade unions would only be promoting their cause through Federation---National Industrial Relations Commission declined to take any -exception to the participation of the respondent-Federation in the referendum---Petition was dismissed in circumstances. (b) Industrial Relations Ordinance (XCI of 2002)---- ----Ss. 6 (2)(b), 20(3)(b) & 54---Federation of Trade Unions---Object and scope---Mushroom growth of trade unions---Measures---Tendency of mushroom growth of trade unions has been discouraged by the provisions of S.6 (2)(b) of Industrial Relations Ordinance, 2002, wherein it has been provided that where there are two or more registered trade unions in an establishment, the third union for its registration would require support of one fourth workers of the total number---Similarly concept of Collective…
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