1. ' JUSTICE (RETD.) TANIVR AHMED KHAN (CHAIRMAN).---As application was given as far back as on 4- 2-2003 by Muhammad Usman Baloch, President, KESC Labour Union under section 20(2) of the I.R.O., 2002 for determination of CBA the learned Single Member through his order dated 26-8-2003 declined the prayer on the ground that Industrial Relations Ordinance, 2002 (hereinafter referred to as Ordinance) is not attracted to the KESC. The aggrieved KESC Labour Union filed C.P. No,D1301 of 2003 before the Hon'ble High Court of Sindh at Karachi. A learned Division Bench vide judgment dated 20-6-2005 set aside the impugned order and made direction for the disposal of the earlier application made by the Labour Union treating the same as pending proceeding.
2. ' The matter was taken up on 18-7-2005 as the KESC Democratic Mazdoor Union which was determined as CBA on 24-2-1999 filed objections to the application earlier filed by KESC Labour Union under section 20(2)(ii) of the Ordinance. The matter was again taken up on 22nd of July, 2005. The stance of the KESC Democratic Mazdoor Union was that it was determined as CBA on 24- 2-1999. However, due to the promulgation of Ordinance VIII of 1999 with effect from 27th of May, 1999 the union as well as the certificate of CBA became dormant as the Industrial Relations Ordinance, 1969 was made inapplicable to KESC. Thereafter another Ordinance No,XVI of 1999 was issued on 24th of September, 1999 which continued in view of the promulgation of Chief Executive Provisional Constitutional Order No,1 of 1999.
3. ' Learned counsel appearing for the Democratic Mazdoor Union also pointed out that its union has moved four applications in the Constitutional Petition before the Hon'ble Sindh High Court and prayed that the matter be adjourned till the decision of the said applications. It was also pointed out that in one of the applications, the Democratic Mazdoor Union has claimed benefits respecting the period which the said union could not avail as CBA due to the enforcement of the aforementioned Ordinance. The Hon'ble High Court has disposed of those applications through order dated 26-9-2005.
4. ' The matter has been argued at quite some length by all the parties. I have also heard Mr. M.A.K.
5. Azmati and Mr. Faisal Mahmood Ghani, learned Advocate as amicus curiae.
6. ' I have gone through all the record. It is reflected from the perusal thereof that the KESC Democratic Mazdoour Union was determined as CBA on 24-2-1999. Thereafter Ordinance No,VIII of 1999 was promulgated whereby section 1(3) of the I.R.O. 1969, (since repealed) was amended to the extent that the Ordinance would not be applicable to KESC. Thereafter another Ordinance No,XVI of 1999 was issued on 24th of September, 1999 which continued till the promulgation of Ordinance No,XCI of 2002 I.R.O., 2002. The KESC Labour Union after the promulgation of I.R.O., 2002 applied before the Commission for referendum under section 20(2) on 3rd of February, 2003. The said application was dismissed by the then learned RITU vide his order dated 26th of August, 2003 holding that the Industrial Relations Ordinance, 2002 was not applicable to the KESC and the union was still inoperative. However, this order of the learned RITU was set at naught by the learned High Court through its judgment dated 20th of June, 2005 as mentioned in the preceding paragraph.
7. It is also reflected from the record that the KESC Democratic Mazdoor Union enjoyed three months as CBA after its determination prior to the promulgation of Ordinance No, VIII of 1999. Thereafter Industrial Relations Ordinance, 2002 was promulgated and in the ouster section i,e, 1(3) Karachi Electric Supply Company was not incorporated. However, the then learned RITU as already stated dismissed the application of KESC Labour Union on 26-8-2003 erroneously holding that the I.R.O., 2002 was not applicable to KESC. The matter set right by the Hon'ble High Court in C.P. No,D- 1301/2003 through its judgment dated 20-6-2005. The I.R.O., 2002 was promulgated through Gazette Notification dated 26th of October, 2002. The period of three years if calculated would expire on 25th of October, 2005. The case of the Democratic Mazdoor Union that after the promulgation of the Ordinance, 2002 the Democratic Mazdoor Union asked many times to allow it to perform the functions of CBA but the same were declined every time by the Establishment which does not inspire confidence. When asked whether any petition was filed before any forum respecting the attitude of the management whereby the Democrafic Mazdoor Union was not allowed after the promulgation of the Ordinance. However, the learned counsel did not satisfy as the matter was not agitated before any forum.
8. ' It is pertinent to mention here that after the promulgation of the first Ordinance No,VIII of 1999 the KESC Democratic Mazdoor Union became totally dormant This union never approached the Commission for any grievance being metted out to it nor approached the Hon'ble High Court. On the contrary, it was the rival KESC Labour Union which filed petition for determination of CBA after the promulgation of I.R.O. 2002 on 3rd of February, 2002. Having failed to get relief from the learned RITU/Single Member this very union filed constitutional petition before the Hon'ble Sindh High Court which was decided on 20th of June, 2005. It is pertinent to mention here that throughout this period Democratic Mazdoor Union did not raise a single finger nor became party in the constitutional proceedings going on before the Hon'ble High Court. After the decision of the constitutional petition they awoke from their slumber and approached the Hon'ble High Court as an intervener by submitting four application mentioned above.
9. ' In these circumstances the union itself has wasted its tenure by not approaching any forum. Last referendum in the KESC was held as far back as in the year, 1999. Seven years have passed. All the workers who are thousands in number cannot be deprived of their right to vote. Accordingly the application of KESC Labour Union is accepted with a direction that Mr. Ghulam Nabi Deeshak, Deputy Registrar hold the secret ballot for the determination of CBA under his supervision in a transparent manner by associating all the parties.