' RAJA FAYYAZ AHMED (CHAIRMAN).--- The precise facts of the case are that Chairman, National Organization of (Livered Staff) Pakistan Post Offices, Pakistan National Organization of Pakistan Post Employees, Ittehad (NOPE Ittehad) Union, preferred appeal under section 12 of Industrial Relations Act, 2012 against the order dated 24-7-2012 passed by the Registrar of Trade Unions/respondent No,1 whereby objections filed by the applicant against the claim for change of office bearers and with regard to non compliance of order dated 6-4-2012 passed by Registrar of Trade Unions in Case No,19(03)/2001 whereby the registered trade union, in the post office were directed to amend their constitutions accordingly within a period two months; failing which their unions would deemed to be non-existing have been rejected as well as; the claim for the change of office bearers has been approved. The order above mentioned passed by the learned RTU was assailed in appeal under section 12 of Act ibid which was presented to the Deputy Registrar of the Commission (Mr. Zakaullah Khan Khalil) on 17-8-2012 but was not fixed for hearing as it appears that a few other appeals preferred against order/decision of Registrar of Trade Unions were also not fixed by the office for hearing under the impression that an appeal against the order/decision or award would lie only to the Full Bench of the Commission which presently for want of Appointment of Members against the vacancies is not available.
2. Appellant filed CMA on 30-8-2012 contending therein that appeal preferred against the order of Registrar of Trade Unions under. A section 12 of Act Ibid would not lie to the Full Bench of the Commission rathe - a Single Bench of the Commission is competent to hear such appeals. CMA was listed for preliminary hearing on 12-9-2012 and it was submitted that the order passed by the respondent No,1 impugned in appeal being an order in the nature of an executive order is not be heard by the Full Bench of the Commission. It was pointed out that the applicant on the date was pre-occupied in the election of Employees Union of P.C. Hotel Rawalpindi in his capacity as Election Commissioner and again the CMA was relisted by the office on 5-10-2012 for preliminary hearing.
3. The appellant made submissions with reference to the provisions of sections 2(vi), 53(2), 55, 56(2) and 58(1) and (2) of Act Ibid. Having considered his submissions in the light of the above quoted provisions, notice was directed to be issued for the date to the contesting respondents in the above mentioned appeal.
4. The CMA was relisted for hearing on 24-10-2012. The contesting respondent No,2 has been represented by Mr. Junaid Akhtar, Advocate along with Messrs Raza Khan Afridi, Syed Zaigham Gardaizi and Muhammad Younus Qureshi, Secretary General, Acting President and Senior Deputy Chief Organizer respectively of National Organization of Postal Employees.
5. Arguments put forth during preliminary hearing were reiterated by the applicant in CMA noted hereinabove. The learned counsel for the respondent No,2 and the representatives of the contesting respondents have been heard at length and they candidly argued that appeal against the order passed by the respondent No,I (RTU) would lie to the Full. Bench of the Commission as provided by section 12 of Industrial Relations Act.
2012.
6. After due consideration of the arguments put forth on behalf of the parties and having gone through the relevant provisions of the Act of which reference was made by the parties vide short order dated 24-10-2012 the CMA was allowed and it was held that appeal against an order passed, decision given or award passed by the Registrar of Trade Unions shall lie to a Single Bench of the Commission.
7. Section 2(vi) of I.R.A. 2012 has defined the word 'Commission' as under:--- Section 2 (vi): "Commission" means the Industrial Relations Commission constituted under section 53;
8. The Commission as defined in section 2 (vi) of the Act is constituted under section 53 by the Federal Government and called as National Industrial Relations Commission. For convenience the relevant provisions of section 53 are reproduced below:--- Section 53: National Industrial Relations Commission.---
(1) The Federal Government shall constitute a National Industrial Relations Commission.
(2) The Commission shall consist of not less than ten full time members, including the Chairman.
(3) The qualification for appointment as a member or as the Chairman of the Commission shall be such as may be prescribed.
(4) The Chairman and other members of the Commission shall be appointed by the Government in the prescribed manner.
(5) .
(6) ..
(7) ..
9. Whereas; Benches of the Commission etc. Are constituted by the Chairman of the Commission under section 55 of the said Act who shall exercise general superintendence over the affairs of the Commission by virtue of subsection (1) of section 55 of IRA for the efficient performance of the functions of the Commission, The Chairman has been conferred with the powers to constitute a Full Bench of the Commission which shall consist of not less than three Members of the Commission and; as many other Benches of the Commission consisting of one Member as he may deem fit by virtue of subsections (2) (a) and (b) of section 55 of the Act, reproduced hereinbelow for sake of reference:- Section 55(2)...(A) and (b):
(a) a Full Bench of the Commission which shall consist of not less than three members of the Commission; and
(b) as many other Benches of the Commission consisting of etn member of the Commission, as he may deem fit,
10. Subsection (2) of section 56 provides that any order or decision made, award given, sentence passed, power exercised, functions performed or proceedings taken by any Bench of the Commission in accordance with the Act ibid and the order constituting the Bench shall be deemed to be the order or decision made, award given, sentence passed, power exercised, functions performed or proceedings taken, as the case may be, by the Commission.
11. Section 58 of the Act exclusively deals with the appeals against an award or decision given or a sentence or order determining and certifying a collective bargaining unit passed by any Bench of the Commission by any aggrieved person within 30 days of such award, decision, sentence or order prefers an appeal to the Commission. While subsection (2) of section 58 provides that an appeal preferred to the Commission as above shall be disposed of by the Full Bench of the Commission. Relevant provisions of subsections (1) and (2) of section 58 for the sake of convenience and reference are reproduced hereinbelow:--- Section 58:
(1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, any person aggrieved by an award or decision given or a sentence or order determining and certifying a collective bargaining unit passed by any Bench of the Commission, may, within thirty days of such award, decision, sentence or order prefer an appeal to the Commission.
(2) An appeal preferred to the Commission under subsection (1) shall be disposed of by the Full Bench of the Commission which shall---
(a) If the appeal is from an order determining and certifying a collective bargaining unit, have the power to confirm, set aside, vary or modify such an order.
(b) If the appeal relates to any other matter, the Full Bench may, confirm, set aside, vary or modify the decision or sentence passed and shall exercise all the powers required for the disposal of an appeal.
(c) The decision of the Full Bench shall be delivered as expeditiously as possible, within a period of sixty days following the filing of the appeal, provided that such decision shall not be rendered invalid by reasons of any delay in its delivery.
(d) The Full Bench may, on its own motion at any time, call for the record of any case or proceedings under this Act in which Bench within its jurisdiction has passed an order for the purpose of satisfying itself as to the correctness, legality, or propriety of such order, and may pass such order in relation thereto as it thinks fit: ' Provided .....................................................................................................
(3) ..
(4)
12. Evidently by virtue of .Subsection (2) of section 55 of the Act for the efficient performance of the Commission, the Chairman shall constitute a Full Bench of the Commission which shall consist of not less than three Members of the Commission and; as many other Benches of the Commission consisting of one Member of the Commission, as he may deem fit to adjudicate and determine an Industrial Dispute or any other matter which has been referred to or brought before it under the Act, inquire into and adjudicate any matter relating to the implementation or violation of settlement referred to it by the Federal Government, try offences under the Act, exercise and perform such powers and functions as are or may be conferred upon or' assigned to it by the Act or any other law by following the procedure laid down in the Regulations unless otherwise provided as envisaged by subsection (3) of section 55 of the Act.
13. The proposition as to whether an appeal against an order, decision or award passed/given by the RTU shall lie to the Full Bench of the' Commission or to a Bench of the Commission constituted by the Chairman under subsection (2) of section 55 of the,Act; stands further fully clarified by the provisions of subsection (2) of section 56 of the Act that any order or decision made, award given, sentence passed, power exercised, function performed or proceeding taken by any Bench of the Commission shall be deemed as aforesaid to be an order or decision etc. By the Commission therefore, the word 'Commission' used in section 12 of the Act shall relate to a Bench of the Commission to which an appeal would lie while an appeal shall lie to the Full. Bench of the Commission against an award or decision given or a sentence passed or order determining and certifying a Collective Bargaining Unit passed by any Bench of the Commission, within the meaning of subsections (1) and (2) of section 58 hence, vide my short order mentioned hereinabove the CMA was allowed and it was held that appeal under section 12 of the Act Ibid against an order, decision or ward passed or given by the Registrar of Trade Unions shall lie to Bench of the Commission.