' The petitioner Association through its President Malik Muhammad Sher Awan has approached this Commission through a petition under section 22-A(8)(g) of the I.R.O., 1969 read with section 34, with the allegation that petitioner association is the only Association of Field Force employed by the respondent which is registered with the Registrar, Trade Unions, Rawalpindi and no such other trade union of officers or workers is registered with the Registrar of Trade Unions, Rawalpindi or National Industrial Relations Commission.
2. According to petitioner, the respondent No,2 is unregistered association and according to the practice prevailing in the establishment of respondent No,1 in the first quarter of each calendar year, Promotion Committees are constituted in connection with promotion of Sale Managers and Sales Officers and the* Field Officers are given a representation in the said Promotion Committees.
It is particularly pointed out that in violation of the prevailing practice, respondent No,2 has been given representation in the Promotion Committees as it is evident in the impugned order dated 29- 1-1997, available on the file, whereas the petitioner who was the only registered association has been deprived of this right which is not approved by relevant law.
3. The petitioner has urged that the respondents be restrained from causing injury to the employment and terms of employment of the members of the petitioner and the impugned order dated 29-1-1997 be set aside and respondents be further directed to give representation to the office-bearers of the petitioner union in the Promotion Committees.
4. The petition was resisted by the respondents through written statement raising certain preliminary objections. The respondents took this plea that the petition is not maintainable and the petitioner has got no locus standi and cause of action to invoke the jurisdiction of this Commission' on false pretext unfair labor practice. It was further stated that the respondent No,2 is duly recognized association representing the members of staff of State Life Insurance Corporation of Pakistan as a result of elections held on 28-3-1995 for a term of two years and in such capacity it has been given due representation in the Promotion Committees formed by the respondent No,1 They further alleged that for a trade union there is no legal requirement for the registration of the same with any authority and respondent No, 2 is a duly elected trade union being recognised as such by the respondent No,1. Therefore, the impugned order dated 29-1-1997 is quite justified.
5. The learned counsel for both the parties advanced their arguments in the light of their above pleadings and I have given thorough consideration to their respective contentions and have gone through the material available on the file and the relevant provisions of I.R.O., 1969, relating to the subject-matter in issue. For reaching to any conclusion. I would like to refer section 52 of the I.R.O., 1969 which is reproduced as under: "Performance of functions till collective bargaining agent ascertained.---Any act or function which is by this ordinance required to be performed by or has been conferred upon a collective bargaining agent may until a collective bargaining agent has been certified under the provisions of this Ordinance be performed by a registered trade union which has been recognized by the employer or employers." Similarly section 20 of the I.R.O., 1960 is also worth consideration for resolving the matter in issue. Guidance in this respect is also sought from 1971 PLC 507 (Lahore Pakistan)."
6. Obviously the petitioner association is the only Association of Field Force employed by the respondent which is duly registered with the Registrar of Trade Unions, Rawalpindi and this factual position stands established from the registration certificate and letter dated 12-12-1996 issued from the Registrar of Trade Union, Rawalpindi, available on the file. To my mind, in presence of a registered trade union, the respondent No,2 being admittedly unregistered Association cannot represent the employees in the Promotion Committees. The course adopted by respondent No,1, giving representation to Saeed Ahmad Raja, President and Muhammad Javed Khan, General Secretary of the respondent No,2 Association being unregistered, in the impugned order dated 29- 1-1997, is not approved by law.
7. In view of the above discussion, I allow the petition moved by the petitioner association and consequently the respondents are restrained from causing any injury to the employment and terms of employment of the members of the petitioner and resultantly set aside the impugned letter dated 29-1-1997 and further the respondent No,1 to give representation to the office-bearers of the petitioner union in the Promotion Committees. The parties are, however, left to bear their costs. The file be consigned to record after completion of the necessary formalities. 'ed.