1. The Management of WPIDC Salt, Mines, Khewera, District Jhelum, has submitted this application under section 34 of the IRO with the prayer that the orders passed by the respondent No. I on 31-5- 73, declaring respondents Nos. 2 and 3 as Collective Bargaining Agents for different categories of workers in the same establishment be declared to be without jurisdiction, illegal and void. It is further prayed that the notice of demand served by respondents No. 2 and 3 be declared as illegal and of no con--sequence and me Registrar be directed to hot a secret ballot for determining the Collective Bargaining Agent In the petitioner establishment.
2. The case of the petitioner is that it employs various categories of workers to carry out excavation and production of salt. The entire establishment is under the control of one Management. It is located at one site and is a single entity. There are three Trade Unions in this establishment namely
(i) Employers and Labour Union, (ii) shot Fires Union, and (iii) West Pakistan Salt Miners Labour Union. Employees & Labour Union (respondent No. 2) made an application 'to respondent No. I for holding a referendum for determining the Collective Bargaining Agent for the petitioner establishment. Respondent No. 1 advised this Union to amend its constitution to restrict its membership to workers other than the Shot Firers and Miners which was done and respondent No. 1 vide his letter dated 31-5-73, declared this union (Respondent No. 2) as the collective bargaining agent for the Employees and Labour other than Miners and Shot Firers. In the said letter It was further stated that there was no need of holding any referendum for ascertaining the collective bargaining agent.
3. On the same date, respondent No. 1 declared respondent No. 3 as Collective Bargaining Agent for the Shot Firers Working in the petitioner establishment. After 3btaining the status of collective bargaining agents for different categories of work mens respondents Nos. 2 and 3 served notices of demand on the petitioner. It is contended that the action of the Registrar in declaring two Trade Unions as Collective Bargaining Agents for different categories of workers in the same establishment is illegal and void and that the demand notices sire also invalid as the same have not been served by the collective bargaining agent. It is contended that under section 22 of the IRO, the petitioner is entitled to deal with only one collective bargaining agent and this right is secured and guaranteed under the said provision of law.
4. The respondents resisted tire petition and raised the preli--minary objection that the application is not maintainable as no right guaranteed or secured to the petitioner by or under any law has been infringed.
5. The parties were given opportunity to produce evidence but they declined to do so. The Registrar of Trade Unions. Rawalpindi Region, Rawalpindi contended that he is competent to declare more than one Trade Union as CBAS In an industry when the peculiar circumstances of a case warrant such action. He stated that in Khewera Salt Mines, there are three Trade Unions which have been registered on craft basis and each Union registered on craft basis can be declared as collective bargaining agent. The counsel for respondents Nos. 2 and 3 contended that these respondents have been declared as CBA by the Registrar who was competent to do so, therefore, they can act as such and the demand notices are proper. I have given my careful consideration to the arguments addressed by the counsel for the parties and respondent No. 1. I do not find any substance in the contention raised by respondent No. 1. There is nothing in the IRO, 1969 even to suggest that more than one Trade Unions registered on the so-called craft basis can be declared as collective bargaining agents for an establishment and it is preposterous to contend so. Section 13 of the IRO deals with the functions of the Registrar. According to clause (c) ff this section, ore of the functions of the Registrar is the determina--tion of the question as to which one of the Trade Unions to an establishment or Industry Is entitled to be certified as a collective bargaining agent.
6. Again subsection (2) of section 22 of the IRO provides that where there are more registered Trade Unions than one in an establishment or group of establishments, the Registrar shall hold a secret ballot to determine as to which one of such Trade Unions shall be the collective bargaining for the establish--ment or group. There provisions of law make it abundantly clear that the Industrial Relations Ordinance, 1969, envisages one and only one collective bargaining agent in an establishment or group of establishments. On the face of it, the orders of the Registrar declaring respondents No. 2 and 3 as collective bargain--ing agents or in fiagrant violation oil law. The contention of the respondents that the application is not maintainable because no A right guaranteed or secured to the petitioner has been violated is also without any force. Section 22 of the I.K.O. guarantees a right to the employer that he shall deal with only one collective bargain-- ing agent and I agree with vie learned counsel for the petitioner that more than one collective bargaining agents for different categories of workers in the petitioner establishment will be prejudicial to the interest and legal rights of the petitioner. The order of respondent No. 1 being without jurisdiction, illegal and void is hereby set aside.
7. In view of the above the demand notices served by the respondents Nos. 2 and 3 on the petitioner are also invalid as they have not been served by a collective bargaining agent as required under section 26 of the I.R.O.
8. For the foregoing reasons, the petition is accepted and respondent No. 1 is directed to hold Secret Ballot to determine as to which one o1 the Trade Unions shall be the collective bargain--ing agent for the petitioner establishment.