The instant petition filed under Section 54(e)(g) Read with Section 31 of IRA, 2012, with the prayer that to direct the respondents not to commit unfair labour practice; to refund the deducted amount from the salaries of the staff; not to deduct any further amount due to late coming of the staff; and to hold that actions of the respondents through 02 impugned order dated 27.04.2016 and 28.04.2016 are hopelessly time barred and have been passed in violation of labour laws. An application for interim relief accompanied with affidavit has also been filed.
2. Brief facts leading to file the instant petition are that the respondent management issued a letter dated 27.04.2016 regarding deduction of amount from the salaries of late comer staff for the month of March, April and May 2015, and likewise vide impugned letter dated 28.04.2016 finance Division were directed to deduct the late coming charges from the pay of 130 employees. Some employees jointly sent application to the Chairman TCP/Respondent No. 1, for waving of the late coming deduction which has not been responded; hence the petitioner union has this Commission upon which the learned predecessor while hearing the interim application on 24.11.2016 has restrained the respondents from deducting any further amount from the salaries of the employees. Notices were issued to the respondents who filed reply to the main petition and counter affidavit to the stay application, arguments on stay application has been heard.
3. The learned counsel for the petitioner contended that the petitioner is a registered trade union and being CBA it is responsible to safe guard the rights of the workers employed in the respondent corporation; the respondent management vide letters dated 27.04.2016 and 28.04.2016 directed for deduction of the amount from the salaries of late comer employees, which act on the part of the respondent constitute unfair labour practice and an attempt to interfere with or in any way influencing the balloting for the determination of the CBA and an attempt to instigate the workman that CBA is not working for their welfare and betterment regarding terms and conditions of their services; the direction for deduction of amount on account of late coming without issuance of . any explanation/ show-cause notice is against the norms of Islam so also the rules and law. He prayed that the interim order may be confirmed and the respondents may be permanently restrained from deduction of such amount.
4. The learned counsel for the respondent argued that the petitioner filed petition alongwith application with malafide intention in order to get the facilities of workmen while holding positions of grade 16 officers; that the late coming in the office is itself misconduct and disobedience of the law and also enormous inconvenience for the respondents and impediment towards smooth running of the business of the Corporation. He prayed that the stay application alongwith main petition may be dismissed.
5. Heard the learned counsel for the parties. Perused the record which reveals that the instant petition filed by a union registered with the Registrar Trade Unions Government of Sindh Karachi and Clause 1(3) of the Act, 2012 provides that the said Act shall apply to all persons employed in any establishment or industry, in the Islamabad Capital Territory or carrying on business in more than one province, further in the judgments of the Superior Courts it has also been viewed that in the trans-provincial establishment local unions having become ceased to exist. 2ndly this petition filed by the trade union namely Trading Corporation of Pakistan Employees Union Karachi which is also Collective Bargaining Agent and it is very much clear that the CBA union can agitate for the collective rights of the workers and in my opinion deduction of salary on account of late coming of some employees is not a collective cause, Further it is astonishing that the respondent management belatedly start deduction of the salary of late coming staff without issuance of any explanation/ show-cause notice which is also against the norms of Islam justice. In this context Surah-e-Namal parah 19 Waqal-Ul- Lazim Aya No. 20 and 21 are very relevant, recite as, "When Hud Hud(wood peaker came late, Hazrat Suleman was thinking to punish him, but Hazrat Suleman at first asked the reason of coming late) which was in fact show-cause and on its explanation forgave him". Therefore it is clear that neither in our Islam and nor in law, no one can be punished without issuing any show-cause notice or any explanation.
With these observations this petition is disposed of by leaving the parties to bear their own cost.