. ORDER ' ALI NAWAZ A CHANNA MEMBER, NIRC---The petitioner- Bank has filed this petition under section 22- A(8)(g) of the I.R.O., 1969 and along with it had filed stay application under Regulation 32 (2)(c) of NIRC (P&F) Regulations, 1973 against MCB Staff Union of Pakistan, Malik Ejaz, claiming to be the President of the said union and Saeed Ghani, claiming and posing to be Patron of the said union.
The case of the petitioner in brief is that respondents Nos.2 and 3 are the dismissed employees of the Bank and by virtue of section 27-B inserted in Banking Companies Ordinance, 1962 the outsider cannot become the member of any union in the Bank and in spite of that the respondents are not only posing themselves to be the President and Patron of respondent No,1 union but are also doing such activities which are prejudicial to the smooth running of the Bank. They have alleged that in the garb of President and Patron, respondents Nos.2 and 3 are publishing and distributing pamphlets thereby inciting the employees of the bank to disturb the peace, tranquillity and smooth running of the Bank. The petitioners have prayed that respondents Nos.2 and 3 may' be restrained from posing themselves to be President and Patron of the union.
2. The respondents Nos.2 and 3 filed written comments but after filing written comments they remained absent, hence they were declared ex parte. They did not pursue the matter after filing written comments, which indicated that the respondents have no plausible case therefore they found safety and refuge in becoming ex parte.
3. The petitioner-Bank was called to file ex parte proof. Accordingly such affidavit-in-ex parte proof was filed.
4. I have heard Mr. Faisal Mehmood Ghani, learned Advocate for the petitioner and I have gone through the case filed very minutely.
5. There is no doubt that S.27-B was inserted in Banking Companies Ordinance, 1962, which Legislation has been held to be a valid peace of Legislation as held by Division Bench of Sindh High Court in its judgment reported as Bank of America employees' Union v. Federation of Pakistan 2003 PLC 143. In this section 27-B there is specific prohibition that who is not an employee of the Bank cannot become member of the union. In the above said authority it was also held that the outsider quota of 25% will not apply in the Bank as there is specific prohibition in S. 27-G that who ever is not employee of the bank cannot become member of any union as such in view of about authority respondents Nos.2 and 3 are debarred from claiming office-bearer ship from outside quota.
5. The respondents Nos.2 and 3 appear to be posing themselves as President and Patron, respectively illegally and have no legal authority to claim themselves as such due to prohibition of section 27-B.
6. In view of above stated facts, circumstances and reasons I allow the petition of the petitioner- Bank and direct that respondents Nos.2 and 3 should not pose themselves as President of Patron nor should claim themselves to be affiliated with the union in any capacity and in any manner whatsoever. Order accordingly.
' Announced in open Court. #EndJudgment