' This petition under Section 12 of the IRA, 2012 (X of 2012) has been filed against the order dated 11.02.2014 and order dated 14.02.2014 passed by the Authorized Officer whereby respectively election schedule in respect of the internal election of the National Bank of Pakistan Employees Front (Head Office CBU) has been announced and provisional list of candidates has been issued by the Authorized Officer.
' Attention of the learned Counsel for the appellants has been drawn to the provisions of Section 12 of IRA, 2012 which provide remedy of appeal against the order, decision etc. Of the Registrar of Trade Unions. In view of the provisions of Section 12 ibid, the learned Counsel for the petitioner submitted that inadvertently in the title of the appeal; the appellants have been shown as petitioners instead of appellants as well as; the petition as having been filed under Section 12 of the Act Ibid which can conveniently be treated as an appeal. Accordingly, the same is treated and d converted into appeal instead of a petition under Section 12 of the Act. The Authorized Officer (Registrar of the Commission) being the delegatee of the powers since exercised and is discharging the functions of the Registrar of Trade Unions for holding of election of the union therefore, this appeal under Section 12 against the orders passed by the Authorized Officer has competently been filed. In this appeal following reliefs have been claimed:-- A. "To declare that the order/schedule dated 11-02-2014 and order dated 14-02-2014 passed by Respondent No. 1 is illegally, passed in excess of authority and jurisdiction and also an act of victimization and unfair labour practice, as such, not maintainable.
B. To set aside the schedule of Elections of Office Bearers of NBP Employees Front Head Office CBU dated 11-022014 including the change/Provisional List of Candidates dated 14-02-2014 and direct the Respondent No. 1 to re-issue the Election schedule, by extending significant time for every even, beside directing to circulate, publish and display the same on every Branch offices and notice boards and giving proper opportunity to every member interested in contesting the election by giving proper time for every event.
C. Any other relief which this Hon'ble Commission may deem fit and appropriate in the circumstances of the case with cost may also be accorded."
2. Also CMA No. 24(33)/2014 alongwith the appeal has been filed seeking for interim relief pending disposal of the appeal, the provisional list of the candidates and the order impugned in the appeal passed by the Authorized Officer/Respondent No. 1 be suspended and the election for the office of Chairman, NBP Employees Front (Head Office CBU) may be stayed.
' It is pertinent to note that pursuant to the election schedule, Respondents No. 2 to 19 have been declared unopposed returned candidates against the various offices of the union by the Authorized Officer for which they had filed their nomination papers described in the title of the memo of appeal except for the office of Chairman of the union on which there is a contest between two candidates namely Mirza Rehan Baig and Mr. Muhammad Ishfaq as per record maintained by the Authorized Officer, requisitioned in this matter. The aforesaid candidates have not been impleaded as respondents in the memo of appeal nor in CMA No. 24(33)/2014.
3. The then worthy Chairman of the Commission in the light of order dated 28.04.2009 of the Hon'ble Supreme Court of Pakistan in CP No. D-1372/2005, passed an order on 02.06.2009 by concluding that he had already authorized the Registrar of the Commission to hold election of NBP Employees Union registered for NBP Punjab, Islamabad CBU and NBP Head Office CBU and for the election of other unions. Also Mr. Ghulam Nabi Deeshak, Registrar of the Commission was authorized to hold the internal election of these unions if due. The operating part of order dated 28.04.2009 passed by the Hon'ble Supreme Court of Pakistan in C.P. No. D. 1372/2005 has been reproduced in the order dated 02.06.2009 of the then worthy Chairman which reads as under: "Thus in view of the above the petition is disposed of with the observation that although the period of five years has already expired, therefore, the Commission shall undertake fresh elections simultaneously of all the CBUs within a period of two months in order to promote healthy activities of the trade union in the National Bank of Pakistan, however, till the election, present set up of the trade union shall remain operative/continue."
' Thereafter the Authorized Officer proceeded with the matter for holding of election of the office bearers of the National Bank of Pakistan Employees Front (Head Office CBU) and prepared the voters list, as well as; issued the election schedule which remained under litigation between the parties before the Full Bench NIRC and thereafter Writ Petition No. 2402/2010 was filed before the Hon'ble Islamabad High Court, Islamabad by the aforesaid union which has finally been disposed of by the Hon'ble High Court vide order dated 12.03.2013 in the following terms: "Learned counsel for the petitioner has disclosed that main controversial issues between the parties have been decided amicably and it has been decided by both the parties that list finalized by the authorized Officer be used for the purpose of Elections.
In view of settlement arrived at between the parties, there is no reason to continue this writ petition, which has become infructuous. Therefore, the same is disposed of accordingly.
' The record requisitioned in this matter from the Authorized Officer shows that review petition was also filed by NBP against the aforesaid order but the fate of the review petition is not ascertainable from the said record. Pursuant to the aforesaid order of the Hon'ble Islamabad High Court, Islamabad election schedule was issued by the Authorized Officer on 07.10.2013 after completion of the required formalities, against which proceeding and the voters list was challenged through separate Writ Petitions Nos. 3948/2013 and 4061/2013 filed by the Respondent No. 2 (declared as elect unopposed) and by Muhammad Afzal respectively, Both these writ petitions have been allowed by the Hon'ble Islamabad High Court, Islamabad vide order dated 29.10.2013. The operating part of the order of the Hon'ble High Court for convenience is reproducted herein below: "Therefore, while allowing both these writ petitions, election process earlier initiated is declared to be illegal, as it is going to be continued on the basis of old list for which this Court was misguided about finalization of the list by the Authorized Officer. Therefore, all the proceedings initiated earlier with regard to elections are hereby vitiated. The Authorized Officer is directed to conduct elections by announcing a schedule after preparation of voters list by elaborate sifting of those who cannot be termed as workmen as defined by law. After scoring their names from the list and as the case may be, inclusion of names by others if they are valid voters, the election process be initiated. The entire process of preparing voters list, calling objections and holding elections shall be completed within a period of two months. Compliance report be submitted through the Additional Registrar (Judl.) of this Court."
' In compliance with the above noted order of the Hon'ble Court, the Authorized Officer after completing the exercise for holding of internal election of the union vide order dated 11.02.2014 issued the election schedule as well as; permitted that any member of the union who intends to contest the election, may file their nomination papers as per election schedule. It is worthwhile to note that the time limit specified for holding of internal election of the union for various offices was extended by the Hon' Islamabad High Court, Islamabad for a further period of two months on the application of the Authorized Officer for completing the process of election, communicated vide letter dated 17.12.2013 issued by the Assistant Registrar (Writ) for Deputy Registrar (Judicial).
4. The learned Counsel for the appellants has been heard. The documents appended with the memo of appeal and the impugned orders have been perused with his assistance including the relevant provisions of the Act ibid. ' The learned Counsel contended that the election schedule issued on 14.02.2014 by the Authorized Officer pursuant to his order dated 11.02.2014 prevented the appellants in a way to file nomination papers to contest the election, as well as; the other members of the union also intended to file nomination papers such as at Karachi and some other parts of the country where the election was to be held for various offices of the union, as reasonable time period was not allowed for filing of nomination papers. A vague schedule of election was given, as well as; no date was specified for the allotment of symbols, to the candidates which patently shows inter se collusion between the interested ones and the Authorized Officer. The election schedule had to be circulated to all the concerned in main offices of NBP nor the same was displayed on the notice boards of the offices of NPB and the union nor sufficient time was given for filing of objections, scrutiny and withdrawal of nomination papers and similar situation prevailed in the issuance of the final list of voters. Further the learned Counsel contended that the names of Respondents No. 6 and 7 (Mushtaq Wattoo and Khalique Hussain) who have been declared as elect unopposed candidates respectively as the Vice President, Lahore and Islamabad, even did not appear in the final voters list which abundantly shows inter se commission of collusive acts. The true intent and spirit of the order of the Hon'ble Islamabad High Court, Islamabad passed in Writ Petition Nos. 3948/2013 and 4061/2013 has not been adhered to even by the Authorized Officer and the mala fidies in the election process as well as; in the issuance of the election schedule is apparent on record. Lastly the learned Counsel vehemently argued that the Authorized Officer be directed to issue fresh election schedule and the provisional list of candidates dated 17.02.2014 issued by the Authorized Officer be suspended pending disposal of the appeal.
5. It is worthwhile to note that subsequent to the issuance of provisional list of candidates, a final list of candidates to various offices has been issued on 17.02.2014.
6. Sub-sections (3), (4) and (6) of Section 9 of the IRA, 2012 are relevant in the matter which deal with the change of the officers of the union as a result of internal election of a union and for holding of fresh election by the Registrar of Trade Unions. By virtue of subsection (3) of Section 9 of the IRA, 2012 every change of the officers of the registered. Trade unions is required to be notified by the union to the Registrar of Trade Unions within 15 days of such change. The Registrar of the Trade Unions has been invested with the powers under sub-section (4) of Section 9 of the Act to refuse to register change of the officers of the union or alteration if it has been in contravention of any of the provisions of the Act Ibid or be in violation of the Constitution of the trade union. In respect of a dispute in relation to the change of office bearers, the Registrar may after satisfying himself with respect to the existence of a dispute may direct, for holding of fresh election under his supervision within the meaning of sub-section (6) of Section 9 of the Act ibid. ' The learned Counsel for the appellants, in the light of provisions of sub-section (6) of Section 9 of the Act has been asked as to whether the appellants submitted any application or objection with regard to the existence of a dispute over the election schedule in question to the Registrar of Trade Unions or to the Authorized Officer till date, to which he answered in negative. The election to the office of the Chairman of the union is on contest between two candidates above mentioned to be held on 28.02.2014. The appellants in the light of the grounds urged on their behalf noted hereinabove are disputing the change of office bearers of the trade union as well as; have questioned the validity and legality of the candidature of Respondents No. 6 and 7 whose names statedly do not appear in the list of voters issued by the Authorized Officer yet declared as unopposed elect Vice Presidents of Lahore and Islamabad respectively of the union, which can be conveniently raised by the appellants who are the members> of the aforesaid union by filing application/objections before the learned Registrar of Trade Unions who has been invested with the powers by sub-section (6) of Section 9 of the Act, to direct for holding of fresh election, in ease there is a dispute in relation to the change of office bearers and can also accord approval of the change of the officers of the trade union as a consequence of the internal election of the union. The grounds urged by the learned Counsel that collusive acts etc. Have been committed by the interested ones of the union in the issuance of the, election schedule which best suited only to the unopposed elect candidates to various offices of the union may call for production of some evidence, which is wanting at the moment. After the poll for the office of the Chairman of the union, the election result alongwith all other papers and documents are yet to be submitted to the learned RTU to accord approval of the change of the officers of the union or to direct for holding fresh election as the case may be therefore, I do not deem it appropriate to pre-empt the jurisdiction vesting in the learned RTU at the present stage of the election process being reached to its final peak after a long litigation between the parties in respect of the internal election of the union, inasmuch as; the candidates who are contesting for the office of the Chairman of the union have not even been impleaded as respondents in this appeal or in CMA No. 24(33)/2014 seeking for interim relief. Accordingly, for the foregoing reasons this appeal is dismissed 'in limine and the CMA No. 24(33)/2014 for interim relief consequently stands disposed of accordingly.