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Remand Case No. 19 (9) of 1982 in Appeal No. 12 (16) of 1984, decided on 9th June,.1984.
‑‑ Ss. 22‑A & 22 EE(4)‑Collective Bargaining Unit‑ Industry-wise Union with membership extending to establishments in more than one Province‑Capital Development Authority certified by National Industrial Relations Commission as one Collective Bargaining Unit -Capital Development Authority having its offices outside Federal Territory of Islamabad in Karachi, Lahore, Shang and Chaklala -Workers employed in such offices enjoying common seniority and in tertransfer-able with other employees and controlled by Islamabad through various Directorates‑Such Offices, held, separate establish ments and Union having employees of such offices as its members could be registered by Commission as Industry‑wise Union.
The facts leading to this case are that the C. D.A. Employees Union .roved this Commission under section 22‑EE of the Industrial Relations Ordinance, 1969 for declaring, determining and certifying the Capital Development Authority as one Collective Bargaining Unit. After hearing the necessary parties an order, dated 12th October, 1983 was passed through which the Capital Development Authority was declared as one Collective Bargaining Unit. The relevant part of the order is reproduced below:
"I accordingly certify the C.D.A. as one Collective Bargaining Unit. However, as provided in the first proviso to clause (c) of subsection (1) of section 22‑EE of the Ordinance, this order would come into force with effect from Ist January, 1984 in the first instance for period of four years after which fresh applications could be enter tained for determining fresh collective bargaining units or unit in the Capital Development Authority. This order shall continue till any fresh collective bargaining unit is determined. The existing Union shall be allowed to amend their constitution and get themselves re registered in view of this order. Those Unions who do not apply for re‑registration by 1st January, 1984 would be treated as can celled. Fresh applications for determining Collective Bargaining Agent shall be entertained after Ist March, 1984.
During the proceedings of the application under section 22‑EE of Industrial Relations Ordinance, 1969 it was not brought to the notice of the Commis sion by any party that the Capital Development Authority has also its offices outside the Federal Territory of Islamabad. Consequently most of the Unions registered with the Registrar, Trade Unions, Islamabad, amended their constitution in compliance of the said order, dated 12th October, 1983 and intimated about it to the R.T.U. Islamabad. One of the unions namely C.D.A. Employees Union applied to the Commission for the re gistration on the ground that it is an industry‑wise Trade Union. The said Union had enrolled 39 workers employed in the establishments of C.D.A. located outside the territory of Islamabad, namely, Liaison office, Karachi, Liaison office, Lahore and Chaklala Bypass. In the meanwhile C.D.A. Mazdoor Union also applied for registration on 16th February, 1984 on the same basis that it has its membership in offices of the C.D.A. located out side Islamabad. A letter was issued to the C.D.A. on 21st February, 1984 to verify whether C.D.A, has offices in the following places
(1) Karachi
(2) Lahore
(3) Jhang
(4) Chaklala By‑pass.
On 5th March, 1984 the C.D.A. replied through their letter No. C.D.A./ L. R. P.‑9 (2)/82, dated 5th March, 1984 that the following C. D. A. offices are located at the places which are outside Islamabad Capital Territory:
(1) Chaklala By‑pass,
(2) Liaison Office, Karachi;
(3) Rehabilitation Cell at Lahore,
(4) Rehabilitation Ceil at Jhang, and
(5) Rehabilitation Cell at Multan.
The two Unions namely: C: D. A. Employees Union and C. D. A. Mazdoor Union were also directed to submit the application of the workers employed outside Islamabad seeking membership with the Unions to verify if the Unions have membership in offices located outside Islamabad. On receipt of the same, and after due verification, these two Unions were registered as industry‑wise trade unions, on the ground that some members of the Unions are scattered in more than one Province. Registrar, Trade unions, Islamabad, was also directed to submit the files of all such Trade Unions which had amended their constitution in the light of the order, dated 12th October, 1983. The Registrar, Trade Unions, Islamabad, forwarded tae same and all such Unions were registered with the Commission.
2. In the meanwhile the Labour Welfare Officer Shahid Murtaza 13okhat:i on behalf of the C.D.A. moved an application requesting the National Industrial Relations Commission not to register the trade Unions at national level on the ground that the offices located outside the Federal Territory of Islamabad are neither separate establishments nor can be termed as sub‑offices of the Authority.
3. Opportunity of hearing was given to C.D.A. Their application ;vas however rejected on 1st April, 1984. Against this order Capital Development Authority Labour Union preferred an Appeal under section 22‑D of the Ordinance imp leading C.D.A. Employees Union, R.T.U. Islamabad, C.D.A. Staff Union, C.D.A. Mazdoor Union and C.D.A. Maintenance Staff Union as parties. The appeal was heard by the Full Bench of the Commission and the case was remanded with the following observations:
"We would consequently direct the learned Senior Member to hold an enquiry under section 22‑EE of the Industrial Relations Ordinance, 1969 to satisfy himself whether
(1) The places where the workers are employed outside Islamabad Territory, constitute establishments' and, if so,
(2) Whether it is in the interest of workers that these establishments should be declared part of one C.B U. together with the establish ment of C.D.A. in Islamabad Territory.
'these questions being questions of fact on the evidence, we would direct aim to hold the enquiry expeditiously..."
4. In compliance with the directions of the Full Bench of the Com mission all the Unions registered with the Commission were given the opportunity of being heard. Even those Unions who had not amended their constitution in the light of the order, dated 12tb October, 1984 were also associated in the enquiry.
5. The case was taken for the first time on 5th May, 1984. A request was made by the Unions that they may be given time to file affidavits. The case was consequently adjourned to 12th May, 1984 on which date the Unions filed their affidavits. The Litigation Officer, C.D.A. again filed written arguments on behalf of the C.D. A. It was contended by them that the C.D.A. is one establishment and the offices where the workers are employed whether in or outside Islamabad Territory are not different establishments. It was further contended that these offices have neither different management nor different accounts. However, in para. 2 of their written arguments, the C.D A. admitted that the employees of the C.D.A. working in the offices situated inside and outside the Islamabad Capital Territory are inter transferable and the workers of the C.D.A. have no different Collective Bargaining Agents Unions and constitutions of the Unions provide that their membership is open to all the employees of the Capital Development Authority.
6. C.D.A. Construction Staff Union Islamabad in their affidavit admitted that the C.D.A. has its offices in Lahore, Multan, Jhang and Karachi. The C.D.A. Labour Union which was the any , slant before the Full Bench, in para. 7 of their affidavit also admitted the existence of other offices outside Islamabad. However, it was contended that the workers employed in the Karachi Liaison Office are being supervised by different Directorates. Their seniority and other terms and conditions are same as that of other employees working at Islamabad. Their gave routine matters are being looked after and supervised by the respective Directors. It was also contended that their posting is not permanent and that they are getting all the benefits agreed or guaranteed to the workers it Islamabad by various settlements or agreements reached between the L. D. A. and Management. It was further contended that irrespective of their place of duty they are eligible to become members of any trade Union registered in Islamabad being employee of the C.D.A. On these grounds it has been submitted that the workers employed outside Islamabad should not be treated as workers employed in different establishments located outside Islamabad but should be treated employees of one establishment. It was further submitted that there are some places for instance Jhang, and Sahiwal where only one employee is posted. It was, therefore, contended that Sahiwal or Jhang should not be treated as an establishment. It eras next contended that the employees/workers employed outside Islamabad are limited in number and it will not be possible for all the Unions to extend their physical membership outside Islamabad in order to become eligible for registration as Industry‑wise Trade Union. The General Secretary C. D.A. Employees Federation adopted the same arguments.
7. On the other hand, the General Secretary, C.D.A. Mazdoor Union submitted that the offices located outside Islamabad are separate establish ments of the C.D. A. and should be included in the collective bargaining unit.
8. A perusal of the above discussion would reveal that the C.D.A. has the following different offices outside Islamabad performing different functions
(1) Karachi.
(2) Lahore.
(3) Jhang.
(4) Chaklala Bypass.
(5) Multan.
As stated earlier the C. D.A. Labour Union has admitted the presence of different offices outside Islamabad. The C.D.A. itself has also admitted the same position. The fact that the employees working in offices located outside Islamabad are controlled by Islamabad through various Directors does not change the position. It is generally in the case of big establish ments that there is main office which controls various establishment. This is true in the case of Posts, Telephone and Telegraphs Department. Railways, Banks etc. etc. If the contention of C.D.A. Labour Union is a upheld it A would mean that no industry‑wise trade Union can be registered in Railways, Posts, Telephones and Telegraph, Banks etc. It would be very Interesting to note that prior to passing of the order, dated 12th October, 1983 the C.D.A. itself had different Unions for its different establishment e. g. (1) C.D.A. Municipal Employees' Union, (2) D.G:W. Staff Union, (3) M.P.O. Staff Union, (4) Construction Staff Union (5) Horticultural Staff Union. If Unions could be formed in all these offices, branches and establishment of the C.D.A., there is no reason why the workers working in the Karachi liaison office, or Lahore Office should be denied to form their own Unions Such Unions if found could be registered by R.T.U. Sind or R.T.U. Punjab as the case may be and not by R.T.U. Islamabad by virtue of the definition, of the term "establishment".
9. The term "establishment" is defined under section 2(ix) of the Ordinance to mean an office firm industrial unit undertaking shop or pre mises in which workmen are employed for the purpose of carrying on an industry; and except in section 22‑EE, includes a collective bargaining unit, if any, constituted under that section in any establishment or group of establishments.
10. Having held that there are some establishments of the C.D.A. which are located in the Province of Sind, and Punjab, it is to be decided if workers working in such areas are to be included in collective bargaining unit determined on 12th October, 1983. It has been brought on record by the C.D.A. Labour Union itself that the workers working outside Islamabad have a common seniority and ace inter‑transferable. It would be, therefore, both just and feasible to determine and certify all the workmen working in the C.D.A. whether posted in or outside the Federal Territory of Islamabad as one Collective Bargaining Unit. I order accordingly.
11. Incidentally this order would not affect those Unions who have already amended their constitution in the light of the order, dated 12th October, 1983 and have got themselves registered with the Commission as industry‑wise trade Unions. Such Unions having membership in more than one Province can only be registered by the Commission and not by the Registrar, Trade Unions, Islamabad whose territorial jurisdiction is confined within the Federal Territory of Islamabad.
12. The learned counsel Mr. Abdul Rashid, appearing on behalf of the C.D.A. Labour Union during his arguments came out with the main problem facing the C.D.A. labour Union and other Unions. The learned counsel frankly admitted that the C.D..A. Employees Union and the C.D.A. Mazdoor Union have enrolled all the workers working outside Islamabad as their members and consequently they (C.D.A. Labour Union) cannot show physical membership in more than one Province in spite of the fact that they have amended their constitution to make their Union as industry -wise Trade Union. The learned counsel submitted that since a worker can not become member of more than one Union, the workers are afraid to join their Unions. The learned counsel voiced his apprehension that due to this practical difficulty the rival Unions might exploit the situation by raising legal objections against C.D.A. Labour Union in the referendum proceedings which are in progress.
13. In the explanation added to section 22‑A, the term industry‑wise Union is defined to mean as under:
--In this section and in the succeeding provisions of this Ordinance, the expressions "industry‑wise Trade Union", federation of such Trade Union, and a trade Union the membership of which extends to establishment in more than one Province and a federation of trade Unions whose membership extends to registered trade Unions in more than one Province.
Thus, the above explanation shall have to be read in the light of the powers given to the Commission under subsection (4) of section 22EE o the Ordinance which lays down that an order of the Commission under this D section shall have effect notwithstanding anything to the contrary con tained in this Ordinance.
14. Taking into consideration the peculiar nature of the circumstances of the case that some of the Unions are willing to enrol workers outside Islamabad as their members but there is no worker available for enrolment I order that all those Unions whose constitution allows the extension, off membership more than one Province shall be registered by the commission as industry‑wise trade Unions and shall be competent to take part in the coming Secret Ballot. The fact that such Unions do not have physical membership in more than one province shall not be a bar for their registra tion as an industry‑wise Trade Unions.
A. E.
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