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HABIB BANK EMPLOYEES UNION (C.B.A.) THROUGH GENERAL SECRETARY versus FEDERATION OF PAKISTAN THROUGH SECRETARY, FINANCE DIVISION, ISLAMABAD


Section 38A Ordinance of Banking Companies (LVII of 1962), Section 27B [as amended by the Banking Companies (Amendment) Act, 1997 (XIV of 1997]] Constitution of Pakistan (1973), Arts 17, 25 and 199 Constitutional Request Section 27B Violation of Banking Companies Ordinance, 1962 Demand for Improper Classification, which Petitioner, as Registered Trade Union and Collective Bargaining Agent, raised the claim that the Ordinance of Banking Companies on Bank Employees, 1962 The sanctions imposed under section 27B are a violation of the fundamental right to freedom of association. And the right to establish unions, as guaranteed by Article 17 of the Constitution applicant, also claimed that bank employees could not be distinguished from other types of employees entitled to the benefits of the Industrial Relations Ordinance, Article 1969 Constitution. The valid terms of 17 shall not be limited to the formation of a trade union, but will include some essential commissions which flow into any of the applicant's claims guaranteed by Article 17 of the Constitution. Did not come because the bank employees' wages and other terms of employment from 1975 through the Vacation Commission Awards That was it. No industrial dispute can be raised in relation to matters framed under section 38A of the Industrial Relations Ordinance, 1969, on which the decision of the Wage Commission was implemented or which was under consideration of the Commission. Confirmation of the constitution clause was always present and there was a heavy burden of proof on the party which challenged its constitutional status on the basis of classification which was declared as arbitrary or irrelevant because it failed to show. had lived

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