' QAZI AHMED SAEED (MEMBER).---This is a petition under section 54 of I.R.O., 2002, filed by the National Bank of Pakistan Staff Union (Head Office) Karachi (registered as an industrywise trade union with the Commission) through its Secretary General Mr. Islam Hussain with the prayer that all the establishments of National Bank of Pakistan be determined and declared as one Collective Bargaining Unit as envisaged under section 54 of I.R.O., 2002.
2. Case of the petitioner union as set out in the petition is that the petitioner union is an industry- wise trade union registered with the N.I.R.C. And is entitled to function as an industry-wise trade union on the basis of its registration. It is further submitted that in terms of the definition of "establishment" as laid down under section 2(xi) of I.R.O., 2002, the National Bank of Pakistan (respondent No,6) is one establishment having branches all over the country and have a common balance sheet and profit and loss account. It is next submitted that the main objects and functions as defined in the I.R.O., 2002, is to educate the workers in the essentials of trade unionism including education in respect of their rights and obligations, which cannot be achieved unless industry wise trade unions are not allowed to function at national level without any hindrance and without confining their function at lower level while determining CBU. It is further submitted that the basic idea behind the establishment of N.I.R.C. And making provisions for registration of Industry-wise trade union is to discourage the creation of mushroom growth of trade unions and to organize the workers at national level so that healthy trade unionism and collective bargaining be promoted but despite of the establishment of N.I.R.C. And provisions made for the registration of industry-wise trade unions, healthy trade unionsim could not be developed and trade union movement has suffered irreparable losses due to inter-union rivalries and differences in the trade unions leadership at local level. It is next contended that before the determination of 5 CBUs in the National Bank of Pakistan, there were 47 trade unions at local level representing 14689 workers as members but amongst the leaders of the said trade unions there always existed internal disputes and rivalries, which seriously damaged the unity of workers and promotion of healthy trade unionsim. This fact can be verified from the decision dated 20-8-1976 given by this Commission in Case No,2(8)/75 filed by the petitioner union. It is further submitted that the decision of 5 CBUs could not promote that concept of healthy trade unionism which is evident from the disputes between the Unions pending before this Commission. It is further contended that after promulgation of the "Golden Hand Shake Scheme" the strength of workers in the respondent-Bank has alarmingly reduced to about 5000 workers, thus with this small strength of workers, the existing arrangements of 5 CBUs are no more required. It is further submitted that not only the period of CBUs, determined by this Commission but also the period of CBAs of the existing trade union has already been expired, as such there is no bar to determine and declare on CBU for the workmen employed in all the establishments of National Bank of Pakistan.
3. The instant petition along with the stay application was placed before me on 8-1-2003, when after hearing Mr. Islam Hussain Advocate Secretary General of the petitioner union, copy of the petition and stay application was ordered to be sent to the respondents to file their written statement/parawise comments with the following directions to the respondents Nos.1 to 5:-- "In the meanwhile the respondents Nos.1 to 5 are directed to maintain status quo in respect of registration of trade unions and holding of secret ballot for determination of CBA in the establishments of National Bank of Pakistan throughout the country".
4. The respondents Nos.1 to 5 have filed their reply along with the list of registered trade unions.
According to the list submitted by the said respondents Nos.1 to 5, the following unions are registered in 5 CBUs as determined by the Commission for the workmen employed in the National Bank of Pakistan:-- I. INDUSTRYWISE TRADE UNIONS REGISTERED FOR THE HEAD OFFICE UNIT (CBU) AND LAHORE UNIT (CBU).
(i) National Bank of Pakistan Staff Union, Karachi.
(ii) National Bank of Pakistan Employee Front (Satoon Group), Karachi.
(iii) National Bank of Pakistan Employees Front, Karachi.
(iv) National Bank of Pakistan Employees Union, Lahore.
(v) National Bank of Pakistan Workers Union, Lahore.
(vi) National Bank of Pakistan People Unity, Lahore
(vii) National Bank of Pakistan Staff Union, Punjab.
(viii) National Bank of Pakistan Workers Federation, Karachi.
II. TRADE UNIONS REGISTERED FOR KARACHI UNIT (CBU)
(i) NBP Employee Front Sindh, Karachi
(ii) NBP Staff Union, Sindh, Karachi.
(iii) NBP United Workers Front, Karachi.
III. TRADE UNION REGISTERED FOR PESHAWAR UNIT (CBU).
(i) NBP Employee Union, Peshawar.
(ii) NBP Staff Union, Peshawar.
(iii) NBP Employees Union, Swat.
IV. TRADE UNION REGISTERED FOR QUETTA UNIT (CBU). (i) National Bank of Pakistan Employee Union, Quetta.
5. It may be mentioned here that the petitioner union has impleaded only 5 unions, therefore, vide order dated 7-4-2003 the following unions were also impleaded as respondents Nos.12 to 20:--
(I) NBP Staff Union N.-W.F.P. H.No,4172, Pir Abdullah Shah Dabgari, Peshawar City (Respondent No,12).
(II) NBP United Workers Front, A/139, Block 18-Gulshan-e-Iqbal Karachi Sindh (Respondent No,13).
(III) NBP Staff Union Sindh, 52/2, C-1 Area, Liaquatabad Karachi (Respondent No,14).
(IV) National Bank of Pakistan Staff Union Karachi (N.I.R.C.) (Respundent No,15).
(V) National Bank of Pakistan Employees Front (Satoon Group) Karachi Respondent No,16) (N.I.R.C.)
(VI) National Bank of Pakistan Workers Union, Lahore (N.I.R.C.) (Respondent No,17).
(VII) National Bank of Pakistan People Unity Lahore (N.I.R.C.) (Respondent No,18).
(VIII) National Bank of Pakistan Staff Union Punjab (N.I.R.C.) (Respondent No,19).
(IX) National Bank of Pakistan Workers Federation, Karachi (N . I. R C . ) (Respondent No . 20).
6. All the respondents unions were issued notices, but only respondents Nos.6 to 11 have entered appearance and filed their _comments. While despite of repeated notices no one has turned up on behalf of respondents Nos.12 to 20, therefore, vide order dated 5-5-2003, the aforesaid respondents Nos.12 to 20 were proceeded ex parte.
7. While filing their comments/written statement, the respondent No,6 i,e, National Bank of Pakistan, have strongly resisted and vehemently opposed the petition by raising inter alia certain legal preliminary objections regarding maintainability of the petition. It is strenuously contended that the petitioner union has no cause of action and locus standi to file the instant petition, thus the same is liable to be dismissed. It is next contended that the existing arrangements of 5 CBUs are functioning successfully without any problem. It is prayed that the instant petition be dismissed.
8. The respondents Nos.8 to 10 while filing their comments/written statements through their counsel Mr. Mushtaq Hussain Bhatti, Advocate have raised the following legal objections regarding maintainability of the instant petition:--
(I) the instant petition is delusive and fallacious, it is bereft of factual transparency and legal sacrosanct;
(II) that Islam Hussain has no locus standi to represent the applicant union in the instant proceedings under section 54 of I.R.O., 2002 before this Commission as he is not employee of the National Bank of Pakistan, thus under section 27-B of the Banking Companies Ordinance, 1962, he cannot become member or office-bearer of the petitioner union as held by the Hon'ble Full Bench N.I.R.C. In Appeal No,12,(176)/99, that keeping in view the mandatory provisions of section 27-B ibid and outsider cannot hold an office in a registered trade union. Therefore, Islam Hussain being a stranger cannot file the instant application/petition. Accordingly the instant application for determination of one CBU in the National Bank of Pakistan is alien to an not maintainable under the I.R.O., 2002.
' On merits the said respondents No,8 to 10 also controvered the contention of the petitioner and contended that the applicant union is one of the registered trade unions operating in the National Bank of Pakistan. In contradistinction to other trade unions which are functional in their respective areas of territorial jurisdiction, the applicant union being dormant exists only in name than in reality. It is further submitted that the applicant trade union has not only grossly distorted facts but has also withheld material data to hoodwink the process of thk Commission. In Case No,2(8)/75 this Commission as far back as 1976 has determined five CBUs in the National Bank of Pakistan.
Over the period of 27 years that has elapsed, the elected trade unions have, within their respective CBUs effectively discharged their functions in addition to the observance of statutory obligations cast on them vis-a-vis the Registrar Industry-wise Trade Union N.I.R.C. The applicant trade union is a non-functional body who can hardly bear the brunt/rigour of a CBU in NBP. It is next contended that it is not the prerogative of an Industry wise-trade union alone to impart training to workers. Nor does it have that broad-based mechanism and other facilities to quit itself of the national requirements. That is precisely the reason that attention has in the past been focused on strengthening local training institutions. Trade unionism being in its infancy and formative stage of development, training through Regional/Divisional/District level institutions is our prime need. It is next contended that the objection of minimizing multiple growth of trade unions was achieved as far back as 1976 when in substitution of as many as 47 trade unions, N.I.R.C. Has determined 5 CBUs in accordance with the economic need of NBP, social structure of its employees and other important cognate factors and during the time lag involved, the National Bank of Pakistan has not witnessed any major industrial strife. On the other hand amity and sense of mutual accommodation has throughout pervaded the field of labour-management relations resulting in harmony and industrial equilibrium. Both workers and the management of NBP feel at home in the changed set-up of collective bargaining which has enabled them to achieve targets in the performance of their respective roles. One segment does not tend to detract the attention of other in the discharged of its functions. It will be pertinent to observe that since the emergence of 5 CBUs in the National Bank of Pakistan three comprehensive pay packages have been amicably promoted in the form of settlements, which is a sine qua non for healthy trade .Nion activity. The applicant union seems jealous of the present harmony and amity in NBP and the instant application is manifestation of its abominable intent to disrupt peace. It is next contended that the creation of five CBUs in the National Bank of Pakistan and for that matter more than one CBU in other establishments guarantees against the emergence of a despotic and sycophant trade union. It is paradoxical to hold that a trade union at the National level acts as the only savior of the rights of workers. It is further contended that the petitioner has ignored altogether that after creation of 5 CBUs in the NBP since 20-8-1976, the Bank has witnessed industrial peace and harmony with the result that at present it is a leading Bank in Pakistan in the matter of its deposits, profitability, productive efficacy and excellent state of inter-action with trade unions/employees and if five CBUs have achieved adequate results with a higher employment level in the National Bank of Pakistan they can still achieve much better result with less number of employees on the rolls of the Bank. The existing arrangement cannot be reversed for this reasons alone. Even otherwise propriety demands that in the light of the experience spread over 27 years, the need to have five CBUs in the National Bank of Pakistan is now more pronounced than ever. Therefore, contention of the petitioner union is without any substance. Accordingly it is prayed that the petition be dismissed as the request of one CBU in the NBP is not tenable in the light of I.R.O., 2002.
Past experience has proved that determination of five CBUs by N.I.R.C. In NBP have successfully continued over the last more than three decades unabated negates the request for one CBU.
9. It may pertinently be mentioned here that during the proceedings the respondents Nos.7, 8 and 11 have changed their counsel and appointed Mr. Islam Hussain Advocate General Secretary of the petitioner union as their counsel and all the aforesaid three respondents 7, 8 and 11 have supported the contention and request of the petitioner union and prayed that one CBU for all the workmen employed in the establishments of NBP be determined.
10. It may be observed that during the proceedings, learned counsel for the petitioner and respondents Nos.7, 8 and 11 submitted that there is no need of filing of any affidavit in evidence therefore, he may be allowed to address his arguments. Learned counsel for the respondent No,6 and learned counsel for the respondents Nos.8 to 10 have supported the request of the learned counsel for the petitioner, thus by consent of learned counsel for all the parties present in the Court, it was decided that there is no need of filing of any affidavit in evidence or cross-examination of any witness, accordingly learned counsel for all the parties present in the Court were asked to address their arguments.
11. Have heard learned counsel for the petitioner and the respondents at considerable length. Mr. Islam Hussain Advocate, counsel for the petitioner and the respondents Nos.7, 8 and 11 has reiterated the petitioner stand taken in the petition. While justifying filing of the instant petition under section 54 of I.R.O., 2002 for determination of one CBU for all the workmen employed in the establishments of National Bank of Pakistan, learned counsel for the petitioner has contended that a perusal of the earlier orders passed under section 22EE of I.R.O., 1969 would show that 5 CBUs were declared taking into consideration the administrative set-up of the Bank. He further contended that since in each province, the Bank had its Regional Headquarters at the Provincial Capital throughout the country, therefore, the workers, employed in the establishments of the Bank in one province were declared as one CBU so that they can resolve their problems at the Regional- Headquarter level, but now vide the President's Office Circular No,19 of 2002 dated 26-7-2002, the Bank had revised the Field-structure in the existing Zones and Regions. Relevant provision of clause 1.3 of the said circular is reproduced below:-- 1.3. "In order to accommodate the opinions expressed by the above groups and the enhanced level of effectiveness, control and efficiency of the envisaged structure, the Bank has decided to make suitable changes in the delayered field structure, distribution of branches and authority, responsibility and reporting lines announced earlier vide the referred Circular dated May 13, 2002".
' It means that the Provincial Regional Headquarters in all the four provinces have been abolished and new regions have been established. He further contended that since the Provincial Regional Headquarter have been abolished, therefore, the provincial CBUs have become infructuous. He further contended that the earlier decision of 5 CBUs could not promote the concept of healthy trade unionism. He further contended that after promulgation of the "Golden Hand Shake Scheme", the strength of workers in the respondent-Bank has reduced to about 4000 workers, therefore, with this small strength of workers the existing arrangements of 5 CBUs are no more workable and feasible and this is the reasons that the respondents Nos.7, 8 and 11 have supported the contention of the petitioner union. He further contended that in terms of the definition of "establishment" as laid down under section 2(xi) of I.R.O., 2002, the NBP is one establishment having branches all over the country and have a common balance sheet and profit and loss account and therefore, one CBU for all the workmen employed in the establishments of National Bank of Pakistan be determined and declared as envisaged under section 54 of I.R.O., 2002.
12. Reply to the assertion of the learned counsel for the petitioner and respondents Nos. 7, 8 and 11, learned counsel for the respondent No,6 namely National Bank of Pakistan, has strenuously contended that Mr. Islam Hussain who claims as Secretary General of the petitioner union, has no locus standi to represent the petitioner union as he is neither member nor office-bearer of the said union, nor he is authorized by the petitioner union but he deliberately and wilfully concealed this fact. He further contended that since he is not in the employment of the Bank, therefore, under section 27-B of the Banking Companies Ordinance, 1962, he cannot become member or office- bearers of the petitioner union. When confronted with this situation. Mr. Islam Hussain admitted that he is not the Secretary General of the petitioner union as per record of this Commission. He further submitted that though he has been authorised by the petitioner union, but neither he has enclosed the said authorization with the petition nor he can produce the same at the moment.
Learned counsel for the respondent No,6 has further submitted that though the petitioner union claim that it is functioning in the "Head Office Unit" (CBU), but President of the petitioner union belongs to the Lahore Unit (CBU) and this fact had been concealed by the petitioner union from the Commission and by playing fraud with the Commission, the petitioner union got approval of their office-bearers. He further submitted that the petitioner union is a non-functional body and has not only distorted the facts but has also withheld the material data. He further contended that since the emergence of 5 CBUs in the respondent-Bank, the Unions registered within their respective CBUs have effectively discharged their functions by maintaining industrial peace and harmony amongst the workers and the management with the result that at present the respondent-Bank is a leading Bank in the matter of its deposits and understanding between the unions and the management. He further submitted that the scheme of 5 CBUs has successfully continued over the last more than three decades. Regarding the definition of establishment as laid down under section 2(xi) of I.R.O. 2002, he contended that the said section specifically provide for an exception in terms of section 54 of the said Ordinance. He further contended that contention of the petitioner union is without any substance, legal force and liable to be dismissed.
12-A. Learned counsel for the respondents Nos.8 to 10, while arguing his case has reiterated the contention of the respondents Nos .8 to 10 as submitted in their written statement. He contended that the petitioner union has not only grossly distorted the facts but has also withheld the material data to hoodwink the process of this Commission. He further submitted that Mr. Islam Hussain has no locus standi to represent the petitioner union in the instant proceedings under section 54 of I.R.O., 2002, before this Commission as he is neither the member nor office-bearers of the petitioner union, but he concealed this fact from this Commission. He further submitted that since Mr. Islam Hussain is not employee of the respondent-Bank, therefore, under section 27-B of the Banking Companies Ordinance, 1962, he cannot become member nor office-bearer of the petitioner union as held by the Honourable Full Bench of this Commission in Appeal No,12(176)/99. Therefore, Mr. Islam Hussain being a stranger cannot file the instant petition. He further submitted that there is nothing on the file that Mr. Islam Hussain has been authorized by the petitioner union to file has petition. Regarding the signature of Mr. Muhammad lqbal President of the union on the memo. Of the petition, he contended that the said, Muhammad Iqbal cannot become member or office- bearer of the petitioner union as he belongs to another CBU namely Lahore Unit, while the petitioner union claim that it belongs to the Head Office Unit, but the petitioner union has concealed this fact from the Commission. He further contended that since the emergence of 5 CBUs in the respondent-Bank, three comprehensive pay-packages have been amicably promoted in the form of settlements which is a sine qua non for healthy trade union activities, but the petitioner union seems jealous of the present harmony and amity in the Bank and the instant petition is manifestation of its abominable intent to disrupt the peace. He further contended that the 5 CBUs have achieved adequate results, therefore, the existing arrangements cannot be reversed, as the experience of 5 CBUs spread over 27 years and the past experience has proved that the scheme of 5 CBUs in the respondent-Bank has successfully continued over the last more than three decades unabated, negates the request of one CBU.
13. I have given my anxious consideration to the arguments of the learned counsel for the parties in juxtaposition with the documents available on record. On minute examination of the leading of the parties and their respective version, I find that the admitted facts is that Mr. Islam Hussain is neither member nor office-bearer of the petitioner union as per record of this Commission, but he misstated the facts. Similarly he failed to produce any authorization, authorizing him by the petitioner union to file the instant petition and to represent the petitioner union. Though on the margin of the petition there is a signature of one Muhammad Iqbal President of the Union, but there is nothing on the record that this petition is being filed by him. Under the circumstances I have no hesitation in holding that Mr. Islam Hussain has made misstatement regarding holding of the post of Secretary General of the Union and has filed this petition without any authority on behalf of the petitioner union. However, keeping in view the prevailing circumstances, the assertion of the learned counsel for the petitioner and respondents Nos.7, 8 and 11 and the stand taken by the learned counsel for the respondent No,6 and respondents Nos.8 to 10, an enquiry in respect of the parameters as laid down under section 54 of I.R.O., 2002 regarding sameness and similarity of economic activities and other cognate factors, the terms and conditions of service of unionised staff and with regard to safeguard their interest in relation to the collective bargaining was made. I have also minutely perused the record available in the file.
14. According to the record, the following 5 CBUs were determined in the National Bank of Pakistan for five years vide order dated 20-8-1976 passed by the then learned Member kazi Afzal Khan in Case No,2(8)/75:--
(1) Karachi Unit:All zones in Karachi Principal Office.
(2) Quetta Unit:All zones in Quetta Principal Office.
(3) Lahore Unit:All zones in Lahore Principal Office.
(4) Peshawar Unit:All zones in Peshawar Principal Office.
(5) Head Office Unit:Workmen employed in the Head Office of the Bank at Karachi and the Managing Director's Office at Islamabad shall constitute an independent CBU.
' Later on vide order dated 12-5-1983 passed by the then learned Senior Member Mr. S. Rais Ahmed Jafri, in Cases Nos.19(1)/82, 19(5)/82 and 19(6)/82, all the petitions for determination of fresh CBUs were disposed of with the following observations:-- "The creation of fresh collective bargaining units according to the administrative convenience of the Bank would form a very bad precedent. Moreover, the very purpose for which section 22EE of the Ordinance has been introduced in the Ordinance would be defeated. The applications are therefore, rejected".
' However, in the year 1990, a Petition (No,19(4)/90) for determination of fresh CBU was filed but the then learned Senior Member Mr. Mahmood Akhter vide order dated 7-3-1992 has dismissed the said petition and directed that "the existing arrangements of 5 CBUs shall be retained and the present CBUs be allowed to continue for a period of three years and till the CBUs are determined afresh after the expiry of that period."
15. It may be mentioned here that as per President's Office Circular No,19/2002 dated 26-7-2002, the management of the Bank has carved out the following 26 regions in the National Bank of Pakistan throughout the country excluding Azad Kashmir and Gilgit in consultation with the representative of the trade unions and Officers Associations:-- I. Regional Office Karachi (South) Sindh Province II. Regional Office Karachi (West)
III. Regional Office, Hyderabad.
IV. Regional Office, Sukkur.
V. Regional Office, Larkana VI. Regional Office, Quetta Baluchistan VII. Regional Office, Gawadar VIII. Regional Office, Lahore (Central)Punjab Province IX. Regional Office, Lahore (East)
X. Regional Office, Gujranwala XI. Regional Office, Sialkot XII. Regional Office, Faisalabad XIII. Regional Office, Mang XIV. Regional Office, Sargodha XV. Regional Office, Multan XVI. Regional Office, Bahawalpur XVII. Regional Office, Dera Ghazi Khan XVIII. Regional Office, Sahiwal XIX. Regional Office, Rawalpindi XX. Regional Office, Jhelum.
XXI. Regional Office, Gujrat XXII. Regional Office, Islamabad Federal Capital Territory, Islamabad.
XXIII. Regional Office, Peshawar XXIV. Regional Office, Mardan N.-W.F.P.
XXV. Regional Office, Dera Ismail Khan XXVI. Regional Office, Abbottabad.
16. In the abovementioned context, it is manifestly clear that the aforesaid newly-created Regional Offices do not effect, the already determined 5 CBUs, therefore, the arguments of the learned counsel for the petitioner union and the respondents Nos.7, 8 and 11 that since the respondent-Bank has done away with the Circle Offices and created new Regional Offices, and therefore, determination of one CBU for the workers employed in the establishment of NBP is essentials, is devoid of force as the petitioner union has miserably failed to point out even a single instance that due to the determination of 5 CBUs, the relationship in respect of collective bargaining between the unions and the management of the Bank has been damaged, while on other side, it is proved beyond any doubt that after creation of 5 CBUs in the NBP since 20-8-1976, the respondent-Bank has witnessed industrial peace, harmony and an excellent state of interaction of unions with the management. Further no cogent reason whatsoever has been advanced that there should be one CBU for the workmen employed in National Bank of Pakistan. Thus I felt no hesitation in concluding that the existing 5 Collective Bargaining Units are working satisfactorily for the last more than 27 years and there is no need for a change, accordingly the existing arrangements of 5 CBUs shall be retained and the present five CBUs are allowed to continue with modification in the nomenclature of the aforesaid 5 CBUs as per newly-created Regional Offices.
17. For what has been discussed above, it is held that in terms of the provisions of section 54 of I.R.O., 2002, the National Bank of Pakistan shall henceforth consists of the following 5 Collective Bargaining Units:- I.Head Office (CBU)All workmen employed in the Head Office of the Bank at Karachi, all Audit Offices and Staff Colleges of NBP throughout the country.
II.Sindh (CBU)All Workmen employed in the Regional Offices, Karachi (South), Karachi (West), Hyderabad, Larkana and Sukkur.
III.Punjab (CBU)All Workmen employed in the Regional Offices, Lahore (Central) Lahore (East), Gujranwala, Sialkot, Faisalabad, Jhang, Sargodha, Multan, Bahawalpur, Dera Ghazi Khan, Sahiwal, Rawalpindi, Jhelum, Gujrat and Islamabbad (Federal Capital Territory).
IV.N.-W.F.P.
(CBU)All Workmen employed in the Regional Offices, Peshawar, Mardan,- Dera Ismail Khan and Abbottabad.
V.Baluchistan (CBU)All workmen employed in the Regional Offices Quetta and Gawadar.
18. This order shall remain effective with effect from 25-7-2003 for a period of five years and shall continue for such period uptil a fresh Collective Bargaining Unit has been determined by the Commission and wherever necessary the trade unions already registered for the workmen employed in the National Bank of Pakistan shall effect modification in respect of their registration in accordance with the aforementioned 5 CBUs within thirty days from the date of this order and no trade union shall be registered in the Establishments of National Bank of Pakistan except in accordance with the aforesaid 5 CBUs.
18. In terms of the aforementioned observations, the instant petition, having been filed without any lawful authority and substance is hereby dismissed and the ad interim order dated 8-1-2003 is recalled.
19. To give effect to the aforesaid decision, necessary action shall be taken forthwith by the Deputy Registrar (Registration) National Industrial Relations Commission.
20. File be consigned to record room after completion of necessary formalities.