SAEED FAROOQ KHAN (MEMBER).--- This order will dispose of the stay application under section 32(2)(c) of NIRC (P&F) Regulations, 1973. In the above petition the petitioner was granted "status quo" and allowed to the extent of the petitioner on 16-7-2007 till the next date of hearing i.e, 18-8- 2007 which is still continuing.
2. The brief facts of the case are:--- ' That in April, 2007 respondents issued a circular on the name of one window operation, the same notification also introduced the "Teller" system which is reproduced as under:--- "(Teller)--- Under one window operation, the concept of Cash Counter should expand and not be limited to only cash transaction. There will be no division/distribution of work as Receiving Cashier or Payment Cashier and each "Teller" will accept deposit, make cash payments, receive clearing and OBC cheques etc. The nomenclatures of Receiving Cashier and Payment Cashier stands substituted with "Teller".
(ii) That according to the learned Advocate for the petitioner this self-style one window operation and "teller" system is nothing but to pave the way to retrench the non-graduate clerical staff and they are also promoting the graduate clerks to the grade of officers. In this way they want to crush the Federation and union. The respondents have directed non-graduate clerical staff to get computer training, failing which they will be declared non-skills I persons and will be retrenched.
The management have arranged full-fledged training of the computer for the clerical staff and the clerical staff will be required to pass the relevant course of training. The management introduced this self-style so-called one window operation only to crush the Trade Union activities which is purely "unfair labour practice" and victimization.
(iii) The learned advocates for parties are present and submitted their view points on "status quo" order of this Commission, dated 16-7-2007 which is continued till today i.e, 29-5-2008.
(iv) The learned Advocate for the petitioner Mr. Azam Jan Zarkoon, while extending his arguments on the application under section 32(2)(c) of NIRC, (P&F) Regulations, 1973 submitted that certain measures have been taken and are being taken by. The management; are "unfair labour practice" and victimization. He also argued that one window operation introduced by the management is also unfair labour practice. This scheme is just to crush the Federation/union of the Habib Bank Limited. The learned Advocate requested that "status quo" order granted on 16-7-2007 be confirmed for the sake of justice and equity.
(v) The learned Advocate for the respondents, Mr. Shoukat Ali, while submitting his arguments on the stay application rebutted the arguments presented by the learned Advocate for the petitioner, contending that if all the points made in the petition are admitted, it does not make out case of "unfair labour practice". He further contended that assignment of duty and job arrangements is exclusively prerogative of the management and therefore, (C.B.A.) has no right whatsoever to interfere in the affairs of the management. No complaint has been proved that any clerical worker is being forced to accept new working arrangements. The introduction of one window operation, the learned Advocate contended that it is the right of the management to require employees to acquire such skill as may be required by the new emerging technical realities. He pointed out that agreement dated 29-4-2007 was signed because of specific interim order by this Honourable Commission in Case No,4A(44)07-Q. He further explained that this case now has been dismissed as withdrawn. He in the last requested for vacating the "status quo" order, dated 16-7-2007 and the circular dated 6th April, 2007 be restored.
3. In the light of above arguments presented by both the Advocates, I would like to mention some important relevant paras of "memorandum of settlement" reached between Habib Bank Limited and Habib Bank Employees Federation of Pakistan signed on 29th April, 2007 at Lahore as under:--- ' Whereas under the Industrial Relations Ordinance, 1969 the following 18 unions were certified as C.B.As. In respect of employees employed in various branches and Offices of Habib Bank Limited.
(1) Habib Bank Employees Union, Karachi.
(2) Habib Bank Employees Union,(C.B.A.), N.-W.F.P.
(3) Habib Bank Employees Union, (C.B.A.), Rawalpindi/Islamabad.
(4) Habib Bank Employees Union, (C.B.A.), Quetta.
(5) Habib Bank Staff Union, (C.B.A.), Lahore.
(6) Habib Bank Staff Workers Union, (C.B.A.), Gujranwala.
(7) Habib Bank Workers Union, (C.B.A.), Sukkur Region.
(8) Habib Bank Workers Union, (C.B.A.), Multan Region.
(9) Habib Bank Workers Union, (C.B.A.), Bahawalpur.
(10) Habib Bank Inqelabi Employees Union (C.B.A.), Sialkot Region.
(11) Habib Bank Employees Union, (C.B.A.), Faisalabad.
(12) Habib Bank Workers Union, (C.B.A.), Sahiwal.
(13) Habib Bank Workers Union, (C.B.A.), Jhelum Region.
(14) Habib Bank Staff and Workers Union, (C.B.A.), Sargodha Region.
(15) Habib Bank Shaheen Employees Union, (C.B.A.), Gujrat Region.
(16) Habib Bank Staff Union, (C.B.A.), Hyderabad.
(17) Habib Bank Employees Union, (C.B.A.); Mirpur A.K.
(18) Habib Bank Employees Union, (C.B.A.), Muzaffarabad A.K.
' AND WHEREAS the Honourable National Industrial Relations Commission has determined that all Branches and Offices of Habib Bank Limited in Pakistan constitute one CBU and no C.B.A. Has been certified for the C.B.U.
' AND WHEREAS definition of establishment has been materially changed with the promulgation of the Industrial Relations Ordinance, 2002 under the amended definition, all Branches and Offices constitute one establishment.
' AND WHEREAS the NIRC has ordered on 29-4-2004 that the C.B.A. Unions shall constitute to perform their functions until Referendum in the establishment of H.B.L. Is held in pursuance of the order, dated 25-4-2004 passed by the NIRC in Case No,2(7)/1998.
' AND WHEREAS order was passed by RITU on 31-3-2006 directing holding of referendum but status quo order was passed by the Peshawar High Court.
' AND WHEREAS a Bench of the NIRC in Case No,4A(44)/2007-Q set aside a letter issued by the Management whereby the Management had refused to negotiate.
' AND WHEREAS it does not appear that referendum will take place in the near future.
' AND WHEREAS the Federation is not a collective bargaining agent but it has been acting as agent of C.B.A. Unions.
' Name of parties
(1) Habib Bank Limited having its Head Office at Habib Bank Plaza, I. I., Chundrigar Road, Karachi.
(2) Habib Bank Employees Federation of Pakistan, a Federation of Trade Unions of workmen employed in Habib Bank Limited specifically authorizes and acting on behalf of the Trade Unions which were certified as C.B.As, under provisions of the Industrial Relations Ordinance, 1969 and which continue to be registered trade union, Short Recital of the case ' WHEREAS a memorandum of settlement was signed between the parties on 10th May, 2004, which settlement endured till 31st December, 2005.
' WHEREAS the terms and conditions of employment were discussed in detail amongst the parties and settlement has now been reached on all the demands/claims whether raised through Charter of Demands or otherwise raised up till signing of this settlement.
' AND WHEREAS this agreement with effect from 1-1-2006, has modified and varied various decisions of Wages Commission for the employees and shall be applicable notwithstanding anything in consistent with any of the decision of the Wage Commission. In fact this settlement/agreement replaces various decisions of the Wages Commission and settlement, dated 10-5-2004, which shall be no longer binding on the employer as well as on the workmen on signing of this settlement.
' This settlement therefore,, witnessed by headings 1 to 19 as under:---
(1) Increase in basic pay, (2) Appraisal Increase, (3) Terms of settlement dated 19th December, 1998, 14th April, 2001, 2nd August, 2002 and 10th May, 2004, (4) House Rent Allowance, (5) Education Allowance, (6) Severe Winter Allowance, (7) Hill Allowance, (8) Risk Allowance for Key Holder Cashier (other than Evening Banking Allowance), (9) Maternity charges, (10) Marriage Grant from Habib Bank Employees Welfare Fund Trust, (11) Funeral Expenses, (12) Travelling Allowance, (13)
Unattractive Area Allowance, (14) House Finance, (15) Performance Reward Policy, (16) Training, (17)
Anomaly Committee, (18) General, (19) Period of Operation.
' In para.18 (General) the second party agrees, undertakes and concedes in sub-para.(c):--- "That it is the sole and exclusive right of the management to manage affairs of the' bank and the Federation and Unions undertake that there shall be no interference by the Federation/Unions or Workmen, in the Management of the affairs of the Bank."
4. The agreement dated 29-4-2007 arrived at Lahore between the parties specifically enumerates the points and issues to be abided by both the parties and they should accept it by letter and spirit.
5. I have carefully considered arguments/record presented by the both sides. I am of the considered view that contentions of the learned Advocate for the respondents Mr. Shoukt Ali are tenable and record submitted in support of his view points merits consideration, while contentions of Mr. Azam Jan Zarkoon, Advocate for the petitioner are not tenable and arguments/records presented by him are distinguishable from the facts of the case. The petitioner has got no prima facie case of "unfair labour practice" and other two essential' elements balance of the convenience and inconvenience and irreparable loss/injury are also lacking in favour of the petitioner for confirming "status quo" already granted vide order of this Commission, dated 16-7-2007.
6. In the circumstances I, see no reason to confirm the "status quo" order granted by this Commission on 16-7-2007. I, therefore, recall the "status quo" order, dated 16-7-2007 of this Commission and allow the respondents to proceed in the matter according to the exigency of the service of the establishment as per circular dated 6th April, 2007 to the extent of non-graduate clerks.
7. The main petition is fixed for arguments on admission or otherwise by both the Advocates on 28- 6-2008. Notice to parties.
Status quo .