' This is a petition under section 22-A(8)(g) of the I.R.O., 1969 wherein the petitioner contends that he is the elected/nominated General Secretary of the Pakistan Telecommunication Staff Union which is enjoying the status of C.B.A. For W.T.R. Region, Quetta. It was contended that respondent is illegally claiming to be the President of the said union and the Management i,e, respondent No,2 is also unlawfully treating him as the President of the said union. Under such circumstances this Commission issued interim injunction order in favour of the petitioner.
2. The petition was strongly contested by the respondent No, 1 by way of filing of written statement wherein certain preliminary legal objections as to the maintainability of the petition were also raised.
3. I have heard learned counsel for the parties and have also examined the documents filed on record with their help. Before considering the merits of the case I feel it my duty to firstly assess the jurisdiction of this Commission to adjudicate upon. This Commission assumes jurisdiction under the provisions of section 22-A(8)(g) of the I.R.O., 1969 which provides the following words:-- "To deal with cases of unfair labour practice specified in sections 15 and 16 on the part of employees, workmen trade unions or either of them or persons acting on behalf of them, whether committed individually or collectively in the manner laid down under section 25-A or section 34 or in such other way as may be prescribed, and to take in such manner as may be prescribed by regulations under section 22-F measures calculated to prevent an employer or workman from committing an unfair labour practice."
4. After going through this provision, it is crystal clear that unfair labour practice, within the meaning of sections 15 and 16 of the I.R.O., 1969, is a' necessary element, which can give rise to the adjudicating powers of this Commission, is purely a dispute between the alleged office-bearers of the union and there is not a single word about the commission of unfair labour practice in the petition. It will be convenient to reproduce the prayer made in the petition:-- "It is, therefore, prayed that in consideration of above this Hon'ble Court may graciously by pleased to direct respondent No, 1 to refrain himself as posing and styling himself as elected/nominated President of the said Union and also respondent No, 2 be directed to accept the respondent No, 1 as elected/nominated President of the said union, in the interest of justice fair play and equity."
5. It is very difficult to bring this prayer under any of the provision of sections 15 and 16 of the I.R.O., 1969, as the petition do not disclose any act of unfair labour practice. As such, I feel no difficulty to reach to the conclusion that the petition in hand is not maintainable before this Commission. The same is dismissed without any orders as to costs.