This is an appeal against the decision dated 19-3-1978 of Punjab Labour Court No.3, Ferozewala.
2. Suraj Ghee Industries Workers' Union, which is a Collective Bargaining Agent, through its President, respondent No. 1, filed a petition under section 34 of Industrial Relations Ordinance, 1969 praying that the appellant be restrained from creating impediments against the Union and from dismissing or punishing Ahmad Ali, respondent No. 2 or other members of the Union in any manner whatsoever. Alongwith the said petition an application under Order XXXIX, rules 1 and 2, Cr. P. C. Was also filed praying that pending the final disposal of the main petition, the appellants be restrained from removing Ahmad Ali, respondent No. 2, or taking any other steps for victimization of the members of the Union. The learned Labour Court allowed the application vide the interim order in appeal.
3. Aggrieved by the above interim order, Messrs Suraj Ghee Industries, appellants have preferred this appeal.
4. From the perusal of the petition under section 34, it is clear that the Union had espoused the cause of Ahmad Ali, respondent No. 2 against whom an inquiry had been initiated for misconduct alleged to have been committed on 11-4-1975 and as a result thereof, he was likely to be dismissed.
The question for determination is as to whether the petition under section 34 was maintainable.
5. Under section 34 of Industrial Relations Ordinance, 1969, a Collective Bargaining Agent can apply to the Labour Court for the enforce--ment of any right guaranteed or secured to it by or under any law or any award or settlement. Now the question is whether the Union could have espoused the cause of Ahmad Ali, respondent No. 2 by filing a petition under section 34. An aggrieved party, as held in the case of Tariq Transport Company v. Sargodha Bhera Bus Service (PLD 1958 SC (Pak.)
437) is one who has a direct personal interest in the order which he seeks to impugn. In the instant case the petition was filed by a Labourers' Union and is thus entirely distinct and separate from its constituent members. The proposed action to be taken against Ahmad Ali, respondent No. 2 would not cause any injury to the Union but only to Ahmad Ali. No doubt the Union did represent the interests of its constituents members, but it could only espouse the cause of workers as a whole and not of an individual worker. In the case of Workers' Union v. Metropolitan Steel Corporation Limited, Karachi (1975 PLC 230) it was observed :- "One thing is very clear from section 34 of the Ordinance that the Collective Bargaining Agent can apply to the Labour Court for the enforcement of any right guaranteed or secured to it. If a narrow interpretation is given to section 34 of the Ordinance, the Collective Bargaining Agent can apply to the Labour Court only in respect of any right that may be guaranteed or secured to it under any law or any award or settlement. In other words, it cannot apply to the Labour Court in respect of any right that may be guaranteed or secured to any workman under any law or any award or settlement. There are certain rights which have been specifically guaranteed to the Collective Bargaining Agent. If there is any violation of any of those rights, the Collective Bargaining Agent would be entitled to make an application under section 34 of the Ordinance. I am, however, inclined to give a wider interpretation to the word "it" occurring in section 34 of the Ordinance, reproduced above. I would hold that the Collective Bargaining Agent can be said to have a guaranteed right to espouse the cause of the workers as a whole, but not an individual workman."
6. From the above, it is clear that the Collective Bargaining Agent can only espouse the cause of workers as a whole and not of an individual worker. Since the Union had espoused the cause of an individual worker, i.e. Of Ahmad Ali, the petition under section 34 filed by it was not competent.
7. It may be mentioned here that for individual grievance section 25-A of the same Ordinance has been provided and under that section a Union cane file a petition on behalf of a worker.