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Petition No. 18 of 1970, decided on 3rd April 1970.

---S. 34‑ Existence of an industrial dispute‑Prerequisite for an application under S.34‑‑Application filed not by collective bargaining agent but by individual and there being no industrial dispute in existence‑Application, in circumstances, held, not competent.

(b) West Pakistan Industrial and Commercial Employment(Standing Orders) Ordinance (VI of 1968), S.1(4), proviso and S.O.18--- National Bank of Pakistan carrying on business under authority of Central Government in terms of provisions of National Bank of Pakistan Ordinance, 1949---Not governed by provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Bank employee making petition held, not maintainable.

A. M. Qureshi for Applicant.

Ch. Altaf Hussain for Respondent.

Ashraf Ahmad, petitioner who is an Assistant Accountant in the National Bank of Pakistan, Local Office, Lahore, has filed a petition under section 34 of the Industrial Relations Ordinance, 1969 read with Standing Order 18 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, against the order of suspension made by the Deputy Managing Director of the National Bank of Pakistan, Principal Office, Lahore, respondent.

This petition was resisted by the respondent on the ground that in view of the state of law this petition was got competent either under section 34 of Industrial Relations Ordinance, 1969 or under Standing Order 18 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Section 34 of the Industrial Relations Ordinance, 1969 reads as follows :‑

"Application to Labour Curt.‑‑‑Any party to an industrial dispute relating to a matter arising, out of any right guaranteed or secured to an employer or workman by or under any law for the time being in force or an award or settlement may apply to the Labour Court for adjudication of the dispute."

This section presupposes the existance of an Industrial Dispute but in the present case there is no such dispute pending. Further this is a petition by an individual and not by a party to an industrial dispute, which according to Industrial Relations Ordinance, 1969 can only be the collective bargaining agent 'In view of the above this petition is not competent under section 34 of the Industrial Relations Ordinance, 1969.

Now the next point for determination is as to whether this petition is competent under Standing Order 18 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Section I of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 reads as follows:‑

"This Ordinance may be called the West Pakistan Industrial arid Commercial Employment (Standing Orders) Ordinance, 1968.

(2) It extends to the whole of the Province of West Pakistan, except the Tribal Areas.

(3) It shall come into force at once.

(4) It applies to‑

(a) every industrial establishment wherein fifty or more workmen are employed or were employed on any day during the preceding twelve months; and

(b) every commercial establishment wherein twenty or more workmen are employed, or were employed on any day during the preceding twelve months; and

(c) such class or classes of other industrial and commercial establishments as Government may, from time to time, by noti fication in the official Gazette, specify in this behalf :

Provided that nothing in this Ordinance shall apply to industrial and commercial establishments carried on by or under the authority of the Central or any Provincial Government, where statutory rules of service, conduct or discipline are applicable to the workmen employed therein."

From the above it is clear that it does not apply to Industrial and Commercial Establishment carried on by or under the authority of the Central Government or arty Provincial Government. This Bank is the creation of the National Bank of Pakistan, Ordinance XIX of 1949. Under section 12 of the said Ordinance the general superintendence and the direction of the affairs and business of the Bank were entrusted to the Central Board of Directors to exercise all powers and do all such acts and things as may be exercised or done by the Bank. Section 14 provides for the constitution of the Central Board, which consists of the Managing Director appointed by the Central Government. Under section 16 of the said Ordinance, 8 Directors are elected in local or special local meetings by the shareholders and three Directors are appointed by the Central Government. The President of the Central; Board also appointed by the Central Government from amongst the Directors. Section 18 provides for the removal of directors and members. Under this section the share‑holders have the powers to remove a director before the expire of hiss period of office but this power does not extend to the Director; appointed by the Central Government. In other words the Managing Director and the three Directors appointed by the Central Government cannot be removed, by the shareholders. Under section 32 of the same Ordinance Central Board has been given powers to make 'bye‑laws etc. with the previous approval of the Central Government. It also includes the making of rules and bye‑laws regarding the recruitment of officers and staff of the Bank; including their terms and conditions of service. From the above it is clear that National Bank of Pakistan is carrying on business under the authority of the Central Government. In view of the above the present petition under Standing Order 18 cannot lie and is accordingly dismissed as such.

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