' JUSTICE (RETD.) TANVIR AHMED KHAN, (CHAIRMAN/RITU).---The present petition has been filed by Chief Executive Officer of the Karachi Electric Supply Corporation Limited Karachi making prayer that the referendum in the establishment which was ordered to be held through my order, dated 3rd of May, 2006 be postponed till December, 2006.
2. Facts briefly are that KESC Democratic Mazdoor Union was determined as C.B.A. On 24-2-1999.
Thereafter Ordinance VIII of 1999 was promulgated whereby section 1(3) of the I.R.O., 1969 (since repealed) was amended to the extent that the aforementioned Ordinance would not be applicable to KESC.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 the Ordinance No,XCI of 2002 through which Industrial Relations Ordinance, 2002 was promulgated (hereinafter referred to as the Ordinance).
3. KESC Labour Union after the promulgation of the Ordinance applied before the Commissioner for referendum under section 20(2) and 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 Ordinance was not applicable to KESC and the union was still inoperative. However, this order of the learned RITU was set at naught ty the Hon'ble High Court of Sindh in Constitutional Petition No,D-1301/2003 through its judgment, dated 20-6-2005. It was held by the Hon'ble Division Bench of the Sindh High Court that by no stretch of imagination of law, it could be presumed that the parent Act/Ordinance/Law ( Industrial Relations Ordinance, 1969) (XXIII of 1969) though repealed, the amendments made in 1999, though Ordinances which in fact merged into the parent law/Ordinance have survived in isolation. On this basis, the view of the then learned RITU was set aside by the Hon'ble Judges with the direction that the application earlier submitted for determination of CBA be decided.
Consequently the matter was argued and through my order, dated 3rd of May, 2006 I accepted the application of the KESC Labour Union directing Mr. Ghulam Nabi Deeshak Deputy Registrar to hold the secret ballot for determination of CBA under his supervision in a transparent manner. It is reflected from the record that there are 11 unions in the entire establishment, out of which five unions namely:--
(1) KESC Democratic Mazdoor Union
(2) KESC Labour Union
(3) KESC Masawat Workers Union
(4) KESC Peoples Workers Union
(5) KESC United Workers Front are participating in the referendum. The management submitted list of all employees containing 8569 names.
4. It is argued that the process of holding of referendum is underway under the supervision of Deputy Registrar, Mr. Ghulam Nabi Deeshak. Through this petition learned counsel, Mr. Faisal Mahmood Ghani has pointed out that due to the shortage of supply of electricity the general public of Karachi is facing tremendous difficulties and the employees of KESC during this period are required to work on war footing basis so as to ameliorate the difficulties of people. He has prayed that since the undivided attendance of all the employees is required during this summer period as such the referendum and related activities respecting the same be postponed till December, 2006.
5. The major contesting unions have submitted their replies to the stance taken by the petitioner establishment. KESC Democratic Mazdoor Union has supported the stance taken by the petitioner.
It has been stated by it in the comments that the postponement of referendum if allowed shall definitely bring ease to the valued consumers of KESC during hot days and would bring good name to the workers in general. On the contrary, KESC Labour Union and Peoples Workers Union KESC have opposed the plea of postponement of referendum raised by the petitioner. However, United Workers Front of KESC in its comments submitted by its General Secretary has also fortified the stance taken by the petitioner.
6. After arguing the matter by both the sides for quite some time, the issue has been resolved amicably by the both sides. It is stated by the learned counsel Ch. Muhammad Ashraf appearing for KESC Labour Union that his union would not have any grouse if the date of referendum is fixed by the Deputy Registrar between 20th of November, 2006 to 27th of November, 2006 by which time the summer/hot season as stated by the petitioner would be over. He has also undertaken in para- 6 of his reply that the members would not indulge in any activity which would cause any grievance to the petitioner. The undertaking given in para-6 is as under:-- "That no trade union activity including canvassing, holding of rallies and or meetings is being done nor the same shall be done by the unions involving the workers on duty and if any worker leaves the place of his working or is not available on call and instead is engaged in the union activities and/or referendum meetings, he can be dealt with according to law."
' The other unions have also fortified the stance taken by the learned counsel appearing for KESC Labour Union.
7. Mr. Faisal Mahmood Ghani learned counsel appearing for the petitioner after taking instructions from the management on telephone has candidly welcomed this offer made by the unions.
Accordingly this application is accepted and the Deputy Registrar Mr. Ghulam Nabi Deeshak is directed to hold referendum in the establishment of KESC by fixing the date during the period effective from 20th of November, 2006 to 27th of November, 2006.