' This order will dispose of the application, under Section 62 of the Industrial Relations Act, 2012 by FAP Employees Union (CBA) through its General Secretary, which is a registered industry-wise trade union with the National Industrial Relations Commission and invoked the jurisdiction of this Commission under the said provision with the contentions that for declaring the establishment of M/s. Fauji Akbar Portia Marine Terminals Ltd Head Office, Karachi, Terminal Port Muhammad Bin Qasim and Lahore Liaison Office as one CBU for the purpose of Collective Bargaining Agent. The Fauji Akbar Portia Marine Terminals Ltd has its business at Sindh and Punjab Provinces and there is another industry-wise trade union namely FAP Workers Union is registered with the NIRC and no trade union is registered with the Provincial Level.
2. The applicant union arrayed 05 respondents i.e, Fauji Akbar Portia Marine Terminal Ltd, Terminal at Port Muhammad bin Qasim, Karachi, FAP Marine, Terminal Ltd, Liaison Office, Lahore. FAP Workers Union (industry-wise trade union) as well as Registrar of Trade Unions, Government of Sindh and Punjab. During the proceedings, the comments from the management of FAP and FAP Workers Union have been received wherein they have not opposed the determination of Fauji Akbar Portia Marine Terminal Ltd as one Collective Bargaining Unit. The Respondent No. 4 RTU Government of Sindh, Karachi has submitted report wherein he stated that no trade union is registered by them in the establishment of FAP while the RTU Government of Punjab Lahore has not submitted its report despite of notices.
3. The labour Representative of the applicant union submits that the entire affairs i.e. Administration, Handling of terminal goods, marketing, finance or otherwise are being supervised, controlled and looked-after through the Head Office at Karachi being a single unit/establishment and having common balance sheet. He further submits that the Respondents No. 1 & 2 establishment of M/s. Fauji Akbar Portia marine Terminal Ltd, Head Office Karachi, Terminal at Port Muhammad Bin Qasim Karachi and Lahore Liaison Office Punjab run with the common name, sameness and similarity of economic activities and other cognate factors. He also stated that for safeguarding the interest of workmen employed in the aforesaid establishments to collective bargaining, it is necessary to declare the , establishment of FAP as one CBU as the petitioner union has its membership in all the above three establishments. He further submits that if the establishments of FAP situated at Karachi and Lahore is declared as one CBU, it will be more convenient for the CBA union and the management to safeguard the interest of workers.
4. I have no doubt in my mind that principal of "Unity and Strength" of the workers is a great significance for advancement of their cause. If the trade union locally registered each claiming to be CBA in its own area and that would mean serving of different Charter of Demands. The establishment in such eventuality will have to negotiate separately with each CBA. In this manner, the terms and conditions of the organization will be disrupted. This course of action will create hart burning and industrial discontentment which will not be a tep for the welfare of the establishment and workers. Further, the philosophy of having one CBU in an establishment is that a union should successfully negotiate on behalf of all the workers. If they are united, they become very effective in negotiations with the establishment. It would be in the interest of workers to have one CBU to acquire position of strength.
5. It is pertinent to mention here that prior one Collective Bargaining Unit was also declared for a period of three years with effect from 20-10-2011 vide order dated 20-10-2011 passed by the Commission in case No. 19(02)/2011 which has already been expired on 19-10-2014. No trade union is registered with the provincial Registrars of Trade Unions.
6. What has been stated above, the whole establishments of Fauji Akbar Portia Marine Terminal Limited are declared as one Collective Bargaining Unit as laid down under the Industrial Relations Act with effect from date of this order for a period of five years and shall continue for such period until a fresh CBU is determined by the Commission. A copy of this order be sent to. The Registrar of Trade Unions Sindh and Punjab.