' S. RAIS AHMAD JAFRI (MEMBER)-The facts leading to this appeal are that on an application by Director-General, Post Offices in his capacity as Additional Secretary, Ministry of Communications, under section 22-EE of the Industrial Relations Ordinance, 1969 an order was passed by a Single Bench of this Commission on 15th December, 1977 creating the following four collective bargaining units in the postal department :-
(1) Post Offices ;
(2) Railway Mail Service ;
(3) Postal Life Insurance, and
(4) Post Master-General Office.
Appeals were filed against this order and the Full Bench of the Commission on 9th April, 1978 rejecting the appeal passed the following order :- "We modify the order to this extent that the collective bargaining units shall continue to exist for a period of two years only from the date of this order after which fresh application from determination of the collective bargaining unit can be made under section 22-EE of the Ordinance.
During this period practical continuous difficulties, if any, would come to surface in the light of which it would be easy to determine whether to extend the continuation of the existing collective bargaining units or to modify the same. All trade Unions/federations in the post office department shall affect modification according to the decision of 15th December, 1977 passed by the learned Member in regard to their registration within 30 days from the passing of this order."
2. On 16th September, 1980, Pakistan Postmen Lower Grade Foreign Post Office Workers and R. M. S. Station Porters Sind Federation moved an application under section 22-EE of the Ordinance Requesting for creating two collective bargaining units one for the liveried and the other for the non-liveried staff on the ground that although a period of two years has passed, not a single collective bargaining agent could be determined in the collective bargaining units. It was also alleged that during this period, the non-liveried staff controls the Unions and occupies important posts due to which the liveried staff were deprived of their rights pertaining to supply of uniforms, umbrellas, rain-coats, shoes etc. It was also contended that prior to introduction of Industrial Relations Ordinance, 1969 the employees of the postal department had formed two Unions, one for the liveried staff and the other for the non-liveried staff. It was also alleged that the interests of the liveried and non-liveried staff clash with each other and that most of the problems now being faced by the liveried staff are created by the non-liveried staff.
3. During the enquiry held by the learned Member Mr. Ariz Ahmad, All-Pakistan Postman Workers Unions supporting the case of petitioners stated that the clerks are against the liveried staff which comprises of postman, packers, peons, porters, sweepers, watermen, electricians, drivers and cleaners and that the said liveried staff has to work under the clerks who are sometimes appointed sub-postmasters in small post offices. It was also alleged that these clerks call the liveried staff at their residence to work as their domestic servants. It was further alleged that the promotion, demotion and grant of leave etc. Of the liveried staff depends upon the complaints and recommendations of the clerical staff. The liveried staff is in Scale Nos, 1 to 5 while the clerical staff is in Scale Nos, 7 to 11. It was also alleged that the two said classes of employees have separate functions to perform. It was further alleged that the liveried staff is at the mercy of the town inspectors and sub-postmasters who are also competent to transfer the liveried staff in their own beats. It was finally contended that the existing common collective bargaining Unit comprising of clerks and liveried staff is creating obstacles and is escalating difficulties for the liveried staff. The petition under section 22-EE of the Ordinance was rejected by an order, dated 15th December, 1981.
4. Being aggrieved by this order, All-Pakistan Postmen and other Workers' Union has preferred this appeal.
5. During the hearing of the appeal Mr. M. A. Rahim, who was appearing on behalf of the appellant- Union narrated certain facts which did not form part of the record as it was revealed that the learned Member has not recorded any evidence in the case. The facts narrated by Mr. M. A. Rahim were controverted by the representatives of the other Unions who were opposing the creation of the Collective Bargaining Units on the basis of liveried and non-liveried staff. It was felt that evidence should be recorded in the case. Consequently the case was remanded to the learned Member Mr. Aziz Ahmad for recording the evidence of the parties. The learned Member after recording the statement of witnesses produced by the parties has resubmitted the file, and fresh arguments were heard.
6. Supporting the creating of proposed two Units, Muhammad Sharif, Head Postman stated that according to a decision of Punjab Labour Appellate Tribunal, the liveried staff are not Civil Servants while the clerks are Civil Servants. He stated that in view of different categories and nature of work, the clerks should be separated and a separate Unit for liveried staff may be carried. Abdul Sattar, Postman, Multan, produced the affidavit of Rafiqul Hasan, Head Postman, Rafiqul Hasan, did not appear himself before the Commission. Muhammad Yousaf Head Postman produced his affidavit.
Abdul Wahid, and Muhammad Shafi Postman else produced their affidavit. A statement signed by Ch. Muhammad Din were also produced. Naneh Khan Postman also produced his affidavit and of 9 others.
7. The following facts have been placed on record through the said affidavits and statement of witness produced in support of the separate Units of liveried and non-liveried staff :-
(1) Delivery clerk who is in Grade-7 transfers the postman from one beat to another.
(2) General Secretary of a Union has all the powers in a Union and the General Secretaries of all the Unions belong to non-liveried staff.
(3) General Secretary of the Postal Employees Union is one Muhammad Yousaf Mehr who is an Assistant Post Master in Grade-9 and he is competent to issue charge-sheets, suspend and punish the liveried staff.
(4) The clerks in Grade-7 verify the weight carried by a postman and if it is in excess of 800 Tolas, they are entitled to a coolie at the rate of 80 paisa and since a cooli is not available at this rate now-a-days, the postman have to please the clerks failing which the postman suffer a financial loss.
(4) In most cases, the non-liveried staff in Grades 7 to 11 is the reporting, enquiring and punishing authority for the liveried staff.
(6) The non-liveried staff in lower selection Grade previously was not entitled to become member of Union.
(7) Functions of liveried staff differ from those of non-liveried.
(8) Uniforms, shoes, postal bags, cycles etc. Are not supplied at proper time because the Unions are controlled by non-liveried staff. The problems of liveried staff are not being tackled by the Unions for the same reason.
(9) One Muhammad Aslam Packer was granted leave without pay for three days by a sub- postmaster in Grade 9.
(10) One Ghulam Hussain postman was given a charge-sheet and suspended by a sub- postmaster who is in lower Selection Grade and is placed in Pay Scale No, 9.
(11) One Ghulam Qadir Solangi postman was transferred at the instant of Khadim Hussain, President of the Union.
(12) Higher and lower Selection Grade staff has been notified as employer.
(13) Clerks appointed as Inspector Post Offices suspend the postman, issue charge-sheets and stop their pay.
(14) Sub-postmaster victimise packers.
(15) Town Inspectors who are promoted from clerks can punish and hold enquiries against subordinate staff.
(16) The Unions look after the welfare of clerical staff only.
8. The evidence produced against the creation of the proposed two Units is also discussed below.
' Nasir Ahmad Balooch, Packer, Quetta, G. P.
0. President, 0. M. L. Pakistan Postal Employees Union (Central) stated that he is himself a packer (Liveried Staff). He stated that it was wrong to say that the lower Grade Staff, is in any way under the clerical staff, and that under the constitution of the Union, there are sub-committees comprising of lower Grade staff and liveried employees. They are competent to deal with the local problems on unit basis. He produced various circulars showing that clerical staff and lower Grade staff have been given separate representations and also showing that Union office-bearers belonging to both the cadres were appointed in different Provinces. He also produced letters and minutes of the meetings indicating that problems of the Lower Grade Staff were taken up with the postal department. He further stated no case has yet been filed against the clerical staff by the liveried staff. He also stated that punishment is given under rules and regulations after following prescribed procedure and that sub-postmasters have no authority to terminate the services of Lower Grade Staff.
9. Abdul Hamid Postman, G. P.
0. Quetta, stated that he is the President of the Zonal Union of Baluchistan. He said that after creation of the present Units the postmen and clerks have formed Unions and the experiment is successful. He felt that by certifying proposed separate Units, there would be more complications and the grievances of Lower Grade Staff would not be redressed. He stated that he was not nominated but elected as President of the Union. He also stated that there is complete harmony between the two classes and that no Lower Grade Staff has been removed from service or charge- sheeted by the clerical staff.
10. Head Postman, Madad Khan, G. P.
0. Peshawar, stated that he is the Deputy Secretary-General of All-Pakistan Postal Employees Union. He was Joint Secretary in 1979. He stated that one of his colleagues was Secretary-General.
He also stated that none of the lower Grade Staff has been charge-sheeted, dismissed or otherwise victimised by any member of the clerical staff in Peshawar Zone. He further stated that due to determination of four Units, there has been lot of co-operation between different cadres.
Similar statement was made by Muhammad Javed Khokhar who is a packer in Delivery Branch, Lahore, G. P.
0. Raja Lahrasap Maskeen, Assistant Postmaster, G. P.
0., Islamabad, and President of Ail-Pakistan Postal Employees Union, Islamabad Unit stated that neither has he punished any one nor has he powers to do so. He further stated that fraternity between different cadres of employees has increased since that present Units were created. If the liveried and non-liveried staff are separated their grievances would not be redressed. Muhammad Younas Khan, clerk, Lahore G. P.
0. Secretary-General of National Organisation of Postal Employees (Pakistan) Lahore, supported the existence of present Units. Sohbat Khan, Postman, Al-Haidery, Karachi, and President of National Organisation of Postal Employees stated that during his service of nineteen years he has not seen victimisation of Lower Grade employee by clerical staff. Their demands are taken up by the clerical staff. He was elected as President although he was a postman. He further stated that if two categories are separated the grievances of postman would not be redressed. He also stated that delivery of Dak is carried out with the co-operation of clerical staff. During his three years of association with the Union he did not come across a single instance of dispute between the two categories. Abdul Waheed, Postman, Lahore G. P. O. And Deputy Secretary-General of National Organisation of Postal Employees stated that since he joined the service seventeen years ago, he did not find any conflict between liveried and non-liveried staff. He being a postman was elected and not nominated, the clerical staff has no-powers under the rules to dismiss, discharge or otherwise punish any postman. On the other the Head Postman can report against the postman to the authorities. Nazar Qasim, clerk, Karachi, G. P.
0. And Deputy Secretary-General of National Organization of Postal Employees corroborating the statement of Abdul Waheed Postman stated that only those officers who have been declared as employers under the Industrial Relations Ordinance have got the powers to discharge, dismiss or otherwise punish the employees. He claimed that out of 21,000 postal employees his Union has a membership of 13,000 scattered throughout 77 establishments out of which he has 62 branches of the Union and each one is headed by a postman as its President. In 25 branches both the Presidents and General Secretaries is the postman. He added that if the present arrangement is upset, there would be lot of difficulties and the atmosphere of cordiality would come to an end.
Sanaullah Secretary-General, All-Pakistan Postmaster-General Offices Employees Union, Peshawar opined that the present Collective Bargaining Units should continue.
11, S. Abbas Hussain, Secretary-General, Postal Life Insurance Employees Union stated that nature of work in the Postal Life Insurance and that in Postal Department is quite different with entirely different terms and conditions of service. He further stated that the present Units have been correctly determined as they have been working very satisfactorily. Amanatullah, Sorter, and Chairman, All-Pakistan Railway Mail Service Employees' Union, Central, stated that the present Collective Bargaining Units are working satisfactorily. He however, pointed out that the application under section 22-EE moved by the applicant-Union is not maintainable as the said Union is not registered with the Commission. A discussion of the two opposing views would reveal that the main ground on which a separate unit for liveried staff is being sought is that the non-liveried staff who controls the Unions in the Post Office Unit is harassing the liveried staff because it enjoys certain powers of appointment, termination, dismissal, transfer, and punishment over the liveried staff. On this point, it would be of importance to record the view of Assistant Deputy Director-General (Staff) who appeared on behalf of the Postal Department and they are as under :-
(1) The lower selection grade Postmasters (Grade-9). Higher Selection Grade Postmasters (Grade- 11), Assistant Superintendents (Grade-l1) in Post Offices and Record/Sub-Record Clerks (Grade-9), Head Record Clerks (Grade-11) and Assistant Superintendents (Grade-11) in Railway Mail Service, have been designated to be the Appointing Authorities for Grades 1 to 4 in their respective offices/sub-divisions/Mail offices/Sections, as per Ministry of Communications, (Pakistan Post Office) Notification No, S.R.O. 832(1)/82, dated 31st July, 1982.
(ii) Assistant Postmaster (Grade-9), Deputy Postmaster (Grade-11) in first class Post Offices, Lower Selection Grade Postmasters (Grade-9). Higher Selection Grade Postmasters (Grade-11) in Railway Mail Service and Sub-Divisions have been designated as `Authorised Officers' under clause (3) of rule (2) of the Government Servants (Efficiency and Discipline), Rules, 1975 and are empowered to inflict minor penalties on Government servants in Grades 1 to 4 working under their control.
(iii) The above supervisory staff has also been designated as 'Authorised Officers' for awarding the lowest minor penalty of 'Censure' on Government servants in Grades 5 to 7 under their control vide Ministry of Communications (Pakistan Post Office) Notification No, S.R.O. 6(KE)/78, dated 23rd February, 1978.
(iv) Supplementary rule 206 of Fundamental and Supplementary Rules, Volume-I, provides as under :- "S, R.
206.-Any leave other than special disability leave, admissible under the Fundamental Rules may be granted to a non-Gazetted Government servant by the authority whose duty it would be to fill up his post if it were vacant."
12. In accordance with above provisions, Lower Selection Grade Postmasters (Grade-9), Higher Selection Grade Postmasters (Grade-11). Assistant Superintendents (Grade-11) in Post Offices and Record/SubRecord Clerks (Grade 9), Head Record Clerks (Grade-11) and Assistant Superintendents (Grade-11) in Railway Mail Service, having been designated as appointed authorities in respect of Grades 1 to 4 are empowered to grant leave to officials in Grades 1 to 4 in their respective offices.
13. In accordance with item No, 1 of Schedule No, 11 to Post Office Manual Volume-III, Assistant Superintendents (formerly known as Inspectors) of Post Offices and Railway Mail Service (Grade-11) are empowered to transfer from one office to another in the same time scale in his Sub-Division any official of and below the rank of postman. (Postman is in Grade-4).
14. Lower Selection (Grade 9) or Higher Selection Grade (Grade-11) Postmasters in Post Offices and Record/Sub-Record Clerks (Grade-9) or Head Record Clerks (Grade 11) in Mail Offices/Sections are empowered to transfer officials in Grades 1 to 4.
15. It was further stated that the reporting officer and punishing authority is not the same persons.
Major penalties such an removal from service reduction in rank or dismissal can be inflicted by Heads of the Division in Grades 16 to 18. Minor penalties such as censuring, withholding of increments and recovery of loss can be inflicted by lower Selection Grade or Higher Selection Grade in Grades 9 and 11. Enquiry Officer must be a person superior in Grade. The Sub-Postmasters in different Post Offices are in different Grades. In small Post Offices where there is only one official under him, the sub-postmaster is in Grade 7. He has no authority to punish the official working under him. The time scale clerks/sub-postmasters (Grade-7) in post offices had time scale Clerks/ sorters (Grade-7) in Railway Mail Service are not empowered to appoint, award any penalty, transfer or grant leave to any official.
16. From the above discussion it can be safely concluded that time scale clerks/sub-postmasters in (Grade-7) in post offices and time scale clerks/sorters (Grade-7) in Railway Mail Service are not competent to appoint, transfer, award any punishment or grant leave to any official in Grades 1 to 4, while these powers are enjoyed by persons in Grade-9 and above. The difficulties faced by the liveried staff should therefore be seen in the light of powers enjoyed by non-liveried staff in Grades 7 to 11. As stated above the staff in Grade-7 does not enjoy any administrative powers while the staff in Grades 9 to 11, does enjoy managerial powers. It is an admitted position that some members and officers of the Union are in Grade-9. Even the General Secretary of one of the Unions in Post Office Unit is in Grade-9. It is very strange that employees enjoying the powers of employers have been allowed to become members and office-bearers of the Union and no objection has been raised from any quarters in this regard. If these employees of the Postal Department who enjoy the powers of employers are screaned out from the Unions, the main objection on the working of the present collective bargaining units would be removed. It appears that most of the other complaints are rather imaginary or at least they have not been substantiated by any evidence. No doubt there are affidavit to show that non-liveried staff is harassing the liveried staff but not a single instance has been quoted. No complaint has been filed that domestic work is being taken by the liveried staff or such staff has been transferred by a delivery clerk who is in Grade-7. The existing collective bargaining units are working since 9th April, 1978 and only three instances of Muhammad Aslam Packer, Ghulam Hussain and Ghulam Qadir Selangi have been cited. In case of Muhammad Aslam Packer, it is alleged that he was granted leave without pay by a sub-postmaster in Grade-9. The order in respect of Muhammad Aslam shows he was granted earned leave from 13th March, 1982 to 15th March, 1982 as he remained absent without any information. The order appears to be legally correct. However, it was passed by a sub-postmaster he is in Grade-9. Apparently the order was passed by the sub-postmaster in his capacity of an employer as defined in the Industrial Relations Ordinance, 1969 and such sub-postmasters who enjoy the powers of employers cannot join the Union of workers. In the case of Ghulam Hussain, Postman, it was stated that he was also charge-sheeted and suspended by a sub-postmaster in Grade-9. At the same time it was also admitted that it was done under the orders of a Superintendent. Copy of the relevant order placed on record also confirms that Ghulam Hussain Postman was suspended under the orders of City Superintendent. In the case of Ghulam Qadir Solangi, it was stated that he was transferred at the instance of one Khadim Hussain, President of a Union but his case was not followed up by Muhammad Yousuf (postman), Secretary of All-Pakistan Postal Employer Union, Karachi, who stated that he did not pursue the matter of Ghulam Qadir Solangi and being disgusted, he left the Union. In fact although full facts are not known, it is the solitary case brought on record in which almebmber of the union belonging to liveried staff has been victimised by a member of non-liveried staff. As stated above, no other case has been cited where the clerical staff has harassed a postman. The appellants have, therefore, failed to prove that liveried staff is being harassed by the non-liveried staff.
17. As regards the complaint of supply in time of uniform, shoes postal bags etc. Is concerned, the Assistant Deputy Director-General (staff) has stated that these articles are supplied in time.
Moreover, no instance has been cited when these articles were not supplied in time to the postman. On the other hand some circulars have been placed on record to show that the problems facing the liveried staff have been taken up with the management of the Postal Department at various levels. Moreover, these grievances arise out of the guaranteed rights of the postman and the liveried staff can invoke the legal provisions for the redress of their grievances. As no complaints were made in individual capacities by the postman, it can be safely presumed that their problems are being looked after by the management or at least they are not of such a magnitude which would necessitate a separate collective bargaining for the liveried staff. As regards the quality of cloth of uniforms, it has been submitted on behalf of the Postal Department that Unions are being consulted at the time of selection of cloth. Mr. M. A. Rahim, appeared on behalf of the appellant also pointed out that previously the postmen were allotted "G" type quarters but now "H" type quarters are being allowed to them. It was stated on behalf of the Postal Department that this is being done by the Ministry of Works according to their revised policy.
Replying to the difficulty faced by the postmen in relation to their promotion it was stated that under a declared policy of the Government certain length of service has been prescribed for the promotion of each category of employees and for postman it is seven years before they can be promoted as sorters. Regarding the difficulty faced by the children of Grades 1 to 4 employees in the Postal Department, it was submitted that the 25% to 50% direct recruitment is reserved for the children of employees of the Postal Department but preference is given to the children of employees in Grades 1 to 5.
18. To summarize the discussion, the liveried staff is facing the following difficulties as alleged :-
(1) The liveried staff in Grades 1 to 4 is being victimised by non-liveried staff in Grades 7 to 11 who has supervisory and managerial powers and as such a combined Union comprising of liveried and non-livened staff has failed to protect the interest of the workers.
' In this regard, it may be observed that such non-livened staff who is covered within the definition of employer as given in section 2(viii) of the Industrial Relations Ordinance, 1969 is not legally entitled to join the Unions of workers in the light of discussion made earlier in the judgment in accordance with the provision of section 3 of the Industrial Relations Ordinance, 1969 and if such staff is removed from the Unions, the main grievance faced by the livered staff would be removed.
The liveried staff would thus no longer be victimised by unionised non-liveried staff because the latter would have no powers to transfer, punish or remove from service a member of liveried staff.
The Registrar, Trade Unions of the Commission may initiate action to streamline the Unions in the light of the above observations.
The liveried staff is subjected to perform domestic chores.
(2) In this regard, it may stated that no evidence has been led to prove a single instance. Moreover, as the non-liveried staff enjoying the powers of employer would be excluded from the Unions, the possibility of exploitation of liveried staff would be remote.
(3) The guaranteed rights of liveried staff as per law and practice such as supply of uniform, shoes etc. Allotment of quarters, promotion and appointment of children in postal department are not being looked after by the combined Unions.
' This aspect has been discussed above and the Unions in four of two units on the basis of liveried and non-liveried staff have failed to make out any case in support of their prayer.
19. It may further be observed that it has been proved beyond any shadow of doubt from the statements of witnesses and documents that packers and postmen are enjoying important positions in the Union. It is also in the evidence that the number of liveried staff in Grades 1 to 4 is much more than the non-liveried staff. It has also been brought in evidence that the Unions are taking up the problems of the liveried staff with the management. The reason that a secret ballot in the post office was not held to elect a collective bargaining unit cannot be attributed to the structure of the four collective bargaining units which are at present in existence.
20. Mr. M. A. Rahim in the final stage of his arguments conceded that the three units namely (1)
Postal Life Insurance, (2) R. M. S. And (3) Postmaster General Office may be retained and that he only wanted that the Post Office Unit may be so sub-divided that a separate collective bargaining unit may be created for the postmen alone, in other words he agreed that all other liveried staff such as drivers, peons etc. May be allowed to remain combined with the non-liveried staff in the post office unit.
' In the light of the above discussion it is felt that no case has been made out for creating a separate unit for postmen. From otherwise if a separate unit is created for the postmen, other category of employees would come forward for seeking a declaration that their class of employment may also be certified as a separate unit which would be neither just nor feasible.
Moreover, there is a strong likelihood that postman would come in direct confrontation with non- liveried staff if their class is declared as a separate E collective bargaining unit. To separate category-wise collective bargaining units would not be, therefore, in the larger interest of all the workmen employed in the postal department. In the result the appeal is dismissed.
21. However, before parting with this judgment, it may be observed that it was brought to our notice that due to an oversight in the order, dated 9th April, 1978 creating the existing four collective bargaining units the employees of the Pakistan post office directorate general have not been included in any of the present four collective bargaining units. In this regard we feel that since views of the concerned parties have not been obtained on this aspect, we do not deem it proper to pass any orders in the absence of any application in this regard. We further feel that the present collective bargaining units may be allowed to function for a further period of two years from the date of passing this order after which fresh application may be entertained under section 22-EE of the Industrial Relations Ordinance, 1969. This order, however, would not come in the way if an application under the said section is moved in respect of the employees of the Pakistan, Post Office Directorate General.