Heard the appellant.
2. It has been strenuously argued that in view of sub-section (12) of Section 19 of IRA, 2012 the learned Registrar Trade Unions in appropriate cases can exercise powers within the purview of sub-section (12) of Section 19 of the Act but invariably in all the cases in which referendum was and has been directed to be held without recording any reason and as per practice, Registrar of the Commission was, has been and is being appointed to act as Authorized Officer to conduct and supervise referendum which practice is unwarranted and in violation of the law; as initially as per requirement of law, the function for conducting and supervising the referendum has to be discharged by the. learned RTU himself and in case; the same appeared impracticable to discharge.this prime function, powers can be delegated to an officer but for such exercise of power, to essentially reflect from the order that the facts and circumstances warranted delegation of the power but not so reflecting in the impugned order. Objections twice filed in such behalf have been rejected vide impugned order by the Registrar of the Commission-cum-Authorized Officer. It is contended that as earlier observed in a Case No, 19(03)/2013 by this Bench on 12.2.201.3 that the learned RTU is not an integral part of the composition of the Commission hence, cannot use the name of the Commission in the proceedings and in the orders passed and being passed by the learned RTU moreover; without the prior approval of the Commission, no officer of the Commission can be appointed to act as Authorized Officer for holding of referendum/internal election which delegated power of the RTU without the approval of the Commission otherwise is against the good office order and discipline.
3. The submissions made by the appellant have been considered in the light of the provisions of Section 19 of the Act and the order dated 23.01.2013 passed by the learned RTU as well as; the impugned orders. Mr. Ghulam Nabi Deeshak. Registrar of NIRC, Islamabad has been appointed to act as. Authorized Officer under Section 19 (12) of the Act, with the direction. to conduct the proceedings of referendum by secret ballot under his supervision and control to determine CBA through secret ballot.
4. Un-doubtfully the delegation of the functions by the an Authority to an Officer under -the statute always need to be exercised carefully and consciously by such Authority and the delegatee itself.
The delegatee exercises the powers and functions which are to be discharged and exercised by principal while discharging the statutory function. Apart from the holding of secret ballot for determination of CBA, this relates to the rights of electors to which they cannot be deprived however; since the delegatee (Authorized Officer) has exercised the power of the Authority i,e, of RTU therefore, any order in such proceeding would be amenable to the appellate jurisdiction within the meaning of sub-section (12) of Section 19 of the Act. On my query, I have been informed' that for further proceeding for holding of secret ballot, has been scheduled before the Authorized Officer on 10.4.2013.
5. Mr. Khurshid Ahmed who claims to be the 'General Secretary of Pakistan Wapda Hydro Electric Central Labour Union on permission by the Bench submitted that the ultimate object of the instant appeal is to thwart the referendum, as earlier for four times the appellant union had lost in the referendum through secret ballot for determination of CBA. He further submitted that object of unfair labour practice be on the part of the workers or employer is not permissible and the objectives of the enactment can be achieved. If cordial relations prevail between the workers and employers Also Section 54 of the Act has been referred.
6. Prima facie it appears that the word officer used in subsection (12) of Section 19 of the Act does not essentially relate to an officer of the Commission rather; signifies an officer of the office of the RTU however; in case of any eventuality or if no officer is available to act and discharge the delegated function of the Authorized Officer., if so warranted without the prior approval of the Commission, its officers are not be normally appointed to act as an Authorized Officer nor the Authorized Officer being under the discipline of the Commission is competent to discharge such function without the prior approval of the Commission. The learned RTU can also appropriately get the services of an officer from the concerned Labour Department for the purpose by making prior reference who invariably are familiar to the relevant Labour Laws or happen to be concerned of such sort of functions and activities, as, in the instant matter. Vide order dated 23.01.2013, the Registrar of the Commission has been appointed to act as Authorized Officer in the matter which if, interrupted be even on any valid and legal ground is likely to affect the holding of referendum for determination of CBA which may be held within a month or so. In case of substitution of an Authorized Officer at this stage of the proceeding may not be found appropriate. In future appointment of an officer of the Commission to act as an Authorized Officer under Section 19(12) of the Act without the prior approval of the Commission shall not be made unless very exceptionally required therefore, in the light of the above mentioned aspect of the case, this appeal is disposed of. Order accordingly. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.