' QAZI AHMED SAEED, MEMBER.---This is a petition under section 22-EE of I.R.O., 1969 filed by the United Municipal Workers Union City District and Town Peshawar registered with the Registrar Trade Unions Peshawar N.-W.F.P. For the establishments of City Municipal Development Department of Peshawar (Municipal Wing) City District and Towns Peshawar with the prayer that all the establishments of City Municipal Development of Peshawar (Municipal Wing) under the City District Nazim Peshawar and Towns I, II, III and IV of Municipal Administration Peshawar be declared as one Collective Bargaining Unit as envisaged under section 22-EE of I.R.O., 1969.
2. Case of the petitioner-Union as set out in the petition is that the petitioner-Union was registered in the year 1970 in the name of United Municipal Workers Union Peshawar for the Workmen employed in Municipal Corporation Peshawar. It is further contended that as a result of secret ballot held on 13-1-1987, the aforesaid union was certified as C.B.A. On 20-1-1987 for the workmen employed in Municipal Corporation Peshawar and thereafter again the petitioner-Union was certified as C.B.A. As a result of secret ballot held on 2-3-1990, 8-8-1992 and 30-4-1995 and till today it is functioning as C.B.A. It is next contended that after promulgation of "N.-W.F.P. Local Government Ordinance, 2001", the establishments of Municipal Corporation Peshawar have been merged into City District and Towns Peshawar and employees of the Municipal Corporation have been absorbed into City District and Town Peshawar with the same terms and conditions of employment which they had previously enjoyed in the Municipal Corporation Peshawar. Besides this, employees of Peshawar Development Authority, District Council Peshawar and Town Committee, University Town Peshawar have also been absorbed in the newly-created organization/establishment. It is further contended that services of the workmen are transferable within the establishment of City District and Towns and controlled by the same employer. It is further contended that Collective Bargaining can effectively be made through one C.B.A. As all the workmen are employed in the same industry/establishment having similarly of economic activities as all the funds are distributed/released by the City District Peshawar to the respective Towns. It is further contended that after promulgation of "N.-W.F.P. Local Government Ordinance, 2001" the petitioner-Union amended its constitution and changed its name to United Municipal Workers Union City District and Town Peshawar with the approval of RTU Peshawar vide his order dated 22- 10-2001 as all the employees of the erstwhile Municipal Corporation were absorbed in the newly created establishments of City Municipal Development Department of Peshawar (Municipal Wing) under the City District Nazim Peshawar and four town i,e, Town, I, II, III and IV.
3. On 27-9-2003 after hearing representative of the petitioner and taking of the facts as mentioned in the petition and the application under section 151, C.P.C. The respondent No,4, namely Registrar of Trade Unions, Peshawar N.-W.F.P. Was directed to maintain status-quo in respect of registration of trade union and determination of C.B.A. In the establishments of City Municipal Development Department Peshawar and Town I, II, III and IV of the Municipal Administration Peshawar. All the respondents have filed their comments and after hearing both the parties, the said ad interim order dated 27-9-2002 was confirmed and the respondent No,4 namely RTU Peshawar N.-W.F.P.
Was directed not to register any trade union or hold any secret ballot for determination of C.B.A. In the establishments of City Municipal Development Department of Peshawar (Municipal Wing) under City District Nazim, Peshawar and Towns I, II, III and IV of the Municipal Administration Peshawar till the decision of the main petition.
4. While filing his written statement the respondent No,4 (RTU Peshawar N.-W.F.P.) has submitted that at present two unions namely United Municipal Workers Union City District and Town (C.B.A.) and City Development and Municipal Department Employees Union are registered for the establishments of City Development and Municipal Department, Towns and District Peshawar and it would be in the interest of workers if one CBU is determined.
5. The respondent No,3 union also supported the prayer of the petitioner-Union and prayed that one CBU for the workmen employed in the establishments of City Municipal Development Department of Peshawar (Municipal Wing) under the District Nazim Peshawar and Towns I, II, III and IV may be determined.
6. On the other hand the respondents Nos.1 and 2 while filing their written statements/comments have strongly resisted and vehemently opposed the petition by raising inter alia certain legal objections regarding jurisdiction of the Commission and maintainability of the petition. It is strenuously contended that since the matter do not pertain to the industry-wise trade union thus the petition is not maintained. It is further contended that since the Municipal Corporation Peshawar has been abolished therefore the petitioner-Union automatically ceased to exist, accordingly the petitioner has got no locus standi to move the instant petition. It is next contended that all the four towns and the City District Government having separate entities are independent of each other and therefore, one CBU cannot be determined. On merits the respondents Nos.1 and 2 have also controverted the assertion of the petitioner and contended that the petitioner-Union was registered for the establishment of erstwhile Municipal Corporation Peshawar and therefore, it did not possess the status of a registered trade union in the respondents establishments, because after abolition of the Municipal Corporation Peshawar, the petitioner-Union ceased to exist and the said union was never allowed as C.B.A. In the establishments of respondents Nos.1 and 2. It is next contended that the employees of the erstwhile Peshawar Development Authority, District Council Municipal Corporation Peshawar and surplus employees of the Provincial Government (as declared surplus by the Province Government) have been absorbed in the four towns and City District Government. It is further contended that the Four Towns and the City District Government having separate entities are independent of each other and therefore, one CBU cannot be determined for the workers employed in the aforesaid establishments.
7. Both the parties were asked to adduce their evidence through affidavit in evidence. On behalf of the petitioner, Malik Muhammad Hasib Deputy General Secretary of the petitioner-Union has filed affidavit in the evidence in support of his contention. He was cross-examined by the learned counsel for the respondents, while the respondents Nos.1 and 2 failed to file affidavit in evidence and to participate in the proceedings, therefore, vide order dated 27-3-2003, they were proceeded ex parte.
8. In para 5 of his affidavit in evidence, the witness of the petitioner-Union, has asserted that after promulgation of the "N.-W.F.P. Local Government Ordinance 2001", the establishments of Municipal Corporation Peshawar have been merged into City District and Towns and all the employees of the Municipal Corporation have been absorbed into City District and Towns I, H, III and IV Peshawar as there have been same terms and conditions of employment which they enjoyed previously in the Municipal Corporation Peshawar. Besides this, employees of erstwhile Peshawar Development Authority, District Government Peshawar and Town Committee University Town Peshawar have also been absorbed in the newly-created establishments. It is further asserted that services of the workmen are transferred within the establishments of City District and Towns and also all the workmen are employed in the same industry/establishment having the same terms and conditions of employment and all the funds are released/distributed by City District Peshawar to the respective towns. It may be submitted that in his parawise comments, the respondent No,3 has categorically supported the contention of the petitioner and prayed that all the establishments of City Municipal Development of Peshawar (Municipal Wing) under the City District Nazim Peshawar and Towns I,II,III IV of Municipal Administration Peshawar be determined as one CBU.
8. Though in their written statement, the respondents Nos.1 and 2 have vehemently opposed the petition by raising inter alia certain legal objections regarding jurisdiction of the Commission and maintainability of the petition, but on minute examination of the record, I find that the respondents Nos.1 and 2 miserably failed to controvert the assertion of the petitioners.
9. I have heard representative of the petitioner-Union at considerable length. He has reiterated the petitioner stand taken in the petition and has urged his arguments on factual as well as legal by referring to the provisions of section 22-EE of I.R.O., 1969 and the registration certificate pf the petitioner-Union as amended vide order dated 22-10-2001 passed by the Registrar of Trade Unions Peshawar N.-W.F.P. The basic arguments put forward by the representative of the petitioner that the objections raised by the respondents regarding locus standi of the petitioner-Union and maintainability of the petition are without any substance. He contended that in terms of section 22-EE of the I.R.O., 1969, any trade union can approach this Commission for determination of CBU and the Commission has exclusive jurisdiction to adjudicate upon the matter. He further contended that after promulgation of the "N.-W.F.P. Local Government Ordinance, 2001" the establishments of Municipal Corporation Peshawar have been merged into City District and Towns and all employees of Municipal Corporation have been absorbed into City District' and Towns Peshawar as they have the same terms and conditions of employment which they have previously enjoyed in the Municipal Corporation Peshawar. Beside this employees of erstwhile Peshawar Development Authority, District Council Peshawar and Town Committee University Town Peshawar have also been absorbed in the newly-created establishments. He further contended that services of the workmen are transferable within the establishments of City District and Towns and also all the workmen are employed in the same industry/establishment having the same terms and conditions of employment and all the funds are released/distributed by the City District Peshawar to the respective Towns. It is prayed that it would be in the interest of workmen employed in the City Municipal Development of Peshawar (Municipal Wing) under City District Nazim Peshawar and Towns, I, II, III and IV of Municipal Administration, if one CBU is determined for the workmen employed in the aforesaid establishments.
10. I have given my anxious consideration to the submissions made by the representative of the petitioner have also minutely examined the record and fined that the admitted fact is that the petitioner-Union is a registered trade union functioning in the establishments of City District and Town Peshawar as C.B.A. And thus in terms of section 22-EE of I.R.O., 1969, the instant petition is maintainable and this Commission had the jurisdiction to Abdicate upon the matter in controversy.
11. Keeping in view the prevailing circumstances, the assertion of the representative of the petitioner and the stand taken by the respondents Nos.1 and 2 in their written statement, an enquiry in respect of the parameters as laid down under section 22-EE of I.R.O., 1969 (repealed Ordinance) and section 54 of I.R.O., 2002, regarding similarity of economic activities and other cognate factors, the terms and conditions of service of the 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 in light of the provisions of sections 8 and 9 read with sections 27, 28 and 36 of the N.-W.F.P. Local Government Ordinance, 2001, and have come to the conclusion that not only the salary structure in respect of the workers employed in the establishments of City Municipal Development Department of Peshawar (Municipal Wing) under City District Nazim, Peshawar and Towns I, II, III and IV of the Municipal Administration Peshawar is the same but also the terms and conditions of service of all the unionised staff are the same and there is similarly of economic activities. Thus for safeguarding the interest of the workers employed in the establishments of City Municipal Development Department of Peshawar (Municipal Wing) under City District Nazim, Peshawar and Towns I, II, III and IV of the Municipal Administration Peshawar in relations to the collective bargaining, it would be just and feasible to determine and declare one Collective Bargaining Unit for all the workmen employed in the establishments of City Municipal Development Department of Peshawar (Municipal Wing) under City District Nazim Peshawar and Towns I, II, III and IV of the Municipal Administration Peshawar as envisaged under section 54 of I.R.O., 2002.
12. Upshot of the above discussion is that under the prevailing circumstances, all the establishments of City Municipal Development Department of Peshawar (Municipal Wing) under City District Nazim Peshawar and Towns I, II, III and IV of the Municipal Administration Peshawar are declared to be one Collective Bargaining Unit as laid under section 54 of I.R.O., 2002 with effect from 14-4-2003. This order shall remain effective with effect from 14-4-2003 for a period of four years and shall continue for such period uptill a fresh collective bargaining unit has been determined by the Commission. The trade unions already registered with the RTU Peshawar (N.-W.F.P.) for the workers employed in any Section/Branch/Office of the establishments of City Municipal Development Department of Peshawar (Municipal Wing) under City District Nazim Peshawar and Towns I, II, III and IV of the Municipal Administration Peshawar shall effect modification within the meaning of this order in respect of their registration within thirty days from the date of this order and no trade union shall be registered in respect of any Section/Branch/Office of the said establishments except for the whole of the aforesaid CBU.
13. In terms of the aforementioned observations this petition is allowed. File be consigned to record after completion of necessary formalities. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.