' RAJA ABDULLAH KHAN (MEMBER).--- This appeal is directed against the order, dated 11-11-2003 of the learned Member! RITU whereby he accepted the application of a newly-formed trade union known as "United Bank Progressive Employees Union"' for its registration as an industrywise trade union.
2. The facts in brief giving rise to this appeal are that the applicant union claiming membership of 41 employees from different establishments of the United Bank Limited situated in Punjab, N.-W.F.P.
And Capital Territory Islamabad formed the said union and applied for its registration as industrywise trade union.
3. The management of United Bank Limited was annoyed with the formation of this new trade union and they vehemently resisted its registration by filing objections inter alia on the following grounds:-
(i) That the strength of members claimed by the applicant trade union is so scanty, particularly in the Province of N.-W.F.P. That it cannot effectively claim to be the representative of hundreds of employees working in the N.-W.F.P.
(ii) That the territory of Islamabad being Capital area does not constitute a Province and, therefore, the applicant union does not fulfill the necessary requirements of an industrywise trade union within the terms as contemplated under the provisions of IRO, 2002.
(iii) That almost 35 trade unions of the employees of United Bank Limited, hereinafter referred to as the objector Bank, are already registered in different Provinces and, therefore, the applicant being 36th in the series is bound to prove 1/4th of the total strength of the workers employed in the establishment, failing which it is not entitled for registration.
(iv) That in view of the new definition of term "Establishment" as contemplated under section 2(xi) of the IRO, 2002 the whole establishment of the United Bank Limited including its Branches situated in different parts of the country has become one establishment and therefore, no trade union in respect of a separate branch or group of such branches can be formed or registered. The applicant union, for the reason stated above, is alleged to have not qualified to be registered, hence the application is liable to be rejected.
4. After examining the record and hearing the Advocates for the parties the learned Member/RITU accepted the application of the newly-formed trade union and directed the Deputy Registrar (Registration) to register the said union as an industrywise trade union in accordance with law and issue certificate thereof under intimation to the Management of United Bank Limited, hence this appeal.
5. We have carefully examined the record of the case and heard Mr. Faisal Mahmood Ghani, learned Advocate for the appellants and Malik Mehrban, Labour Representative for respondent No,2 union. Mr. Faisal Mehmood, learned Advocate for the appellants has among others contended that the order is not sustainable on the short ground that as the respondent-union which applied for registration with the NIRC as an industrywise trade union was the 3rd such union because two unions of UBL were already registered with NIRC viz. UBL Employees Federation of Pakistan and United Bank Employees Union, Rawalpindi/Islamabad Zone and was not having 1/4th membership of the total strength of 1898 employees in 1190 branches of United Bank Limited all over Pakistan as required under section 6(2)(b) of IRO 2002. This contention of Mr. Faisal Ghani is tenable as its is supported by record and has not been successfully controverted by Malik Mehrban, Labour Representative appearing for respondent No,2. It is an admitted position on record that the respondent-union when applied in the National Industrial Relations Commission for registration as an industrywise trade union had only claimed membership of 41 employees, from different establishments of the United Bank Limited situated in Punjab, N.-W.F.P. And Capital Territory Islamabad which was only 2% of the total number of employees of United Bank Limited viz. 1898 employees in 1190 branches all over Pakistan. It is also an admitted fact on record that besides the two unions i,e, United Bank Employees, Federation of Pakistan and United Bank Employees Union, Rawalpindi/Islamabad Zone registered with NIRC, thirty three other trade unions of the United Bank Limited have been registered in N.-W.F.P. Sindh, Balochistan and Punjab (pages 73 and 74 of record refers). Thus, the respondent-union which has been ordered to be registered by the learned Member/RITU as an industrywise trade union by the impugned order was the 36th union for registration in the United Bank Limited and this newly-formed union i,e, respondent No,2 was 3rd union for registration with NIRC and it required 1/4th membership of the total workers numbering 1898 in 1190 branches of UBL as mentioned above i,e, at least 474 workers for registration as industrywise trade union which requirement has not been fulfilled by the respondent-union because it itself claimed membership of only 41 employees as is clear from the impugned order. It thus, appears that the learned Member/RITU has disposed of the objections of the appellant, particularly objection No,3 in a cursory manner which was validly raised by appellant and this action of the learned RITU was not proper. Besides, the aim of the IRO, 2002 is to control the mushroom growth of unions but the impugned order shows that the learned Member/RITU has also overlooked this aspect of the matter while allowing the registration of respondent No,2. As the respondent-union had only claimed the membership of 41 employees although admittedly the United Bank Limited Establishment was having 1898 workmen in 1190 branches all over Pakistan, hence the application for registration of the respondent-union as an industrywise Trade Union was not maintainable and was required to be dismissed by the learned Member/RITU which he failed to do. Hence the impugned order is not sustainable and is liable to be set aside which we hereby do.
6. For the above reasons we accept this appeal as prayed, set aside the impugned order, dated 11- 11-2003 and dismiss the registration D application of the respondent No,2 union. The office is directed to withdraw the registration certificate of the respondent-union.