1. ' This appeal is directed against the order, dated 25-7-2003 whereby the learned Single Member declined the prayer of the appellant union made under section 54 of the Industrial Relations Ordinance, 2002 (hereinafter referred to as an Ordinance) for determining entire National Bank of Pakistan as one Collective Bargaining Unit. Instead the learned Member determined five Collective Bargaining Units of the entire establishment. Hence this appeal.
2. ' We have considered the contention and have gone through the documents appended with this appeal. The objection of the learned Counsel appearing for the respondent-Bank Mr. Faisal Mahmood Ghani that the present appeal is not maintainable has got force, as Mr. Islam Hussain a practising Advocate has got no locus standi to file the same. He cannot claim himself as General Secretary of the union in view of Section 27-B of the Banking Companies (Amendment) Act (XIV of 1997). This amendment has clearly provided that only an employee in the actual service of a Bank would be eligible to join the union. It is further stated by the learned Counsel for the respondent- Bank that five Collective Bargaining Units have been successfully functioning in the National Bank of Pakistan for the last about three decades. He has also pointed out that even the last settlement of all the Collective Bargaining Agents with the management has taken place in FebruOry, 2005.
3. ' We have noticed that the memo. Of appeal apart from Mr. Islam Hussain claiming himself as General Secretary of the appellant's union was also signed by Mr. Muhammad Iqbal its President.
4. However, the affidavit and the verification respecting the memo. Of appeal has only been signed by Mr. Islam Hussain. This being the position it can be safely stated at the very outset that the present appeal has been filed by a person who has no locus standi to file the same in view of the embargo placed by Section 27-B of the Banking Companies Ordinance.
5. ' As far as the merits of the case are concerned five Collective Bargaining Units have been functioning successfully for the establishment of National Bank of Pakistan for more than three decades. Neither the management nor any other union has raised a single finger against the functioning of five Collective Bargaining Units in the Bank. As already stated that even a recent settlement benefiting the workers was agreed by five Collective Bargaining Agents with the management. The learned Single Member has taken all aspects of the case into consideration while deciding the application made by the appellant under section 54 of the Ordinance for determination of one Collective Bargaining Unit in the establishment of National Bank of Pakistan.
6. The appellant union could not produce any substantial evidence nor quoted a single stance that by determination of five Collective Bargaining Units the functioning of the Bank has suffered in any manner. The relationship of CBAs with the Management is very cordial. The respondent-Bank has witnessed industrial peace, harmony and excellent state of affairs throughout all this period between the workers and the management. It would be appropriate to reproduce the determinations of the learned Single Member in this respect which are in the following terms:- "...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 the 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."
7. ' In view of what has been stated above, this appeal having no force in dismissed.