1. ' Petitioner Union raised a dispute of 14 demands. A notice was issued to the Social Security Commissioner, who has tiled written reply. Parties were given an opportunity of evidence. Each party has examined one witness.
2. I have perused the evidence and have heard argument of the parties. Respondent raised certain preliminary objections which are first disposed of accordingly.
(a) Union has no certificate of C. B. A. And therefore have no locus standi to file this dispute.
2. (0 In the instant case there is no need of certificate of C. B. A. As the Union had been entering into settlement. It is a recognised C. B. A.
(b) No bilateral negotiations were held, therefore no strike notice could be given.
(1) Union addressed a demand notice and no bilateral negotiations were held by the Management.
3. It is not the fault of the Union. So this objection is overruled.
4. (c)That strike notice was not approved by the majority of the workers in secret ballot.
(1) This is in evidence of the petitioner that consent of the General Body was secured so there was no need of secret ballot, moreover this is not the case of the Management that there is a rift in the employees on the issue of raising this dispute, and majority of the employees are against it.
(d) That strike notice was not given within the prescribed time.
(I) Demand notice was given on 7th July, 1975, whereas strike notice was given on 22nd July, 1975.
5. So strike notice was wall within time. Moreover these provisions of time limits are directory and not manadatory therefore strike notice was proper.
6. (e)Demands Nos, 4 to 8 and 10 to 14 cannot be a subject of industrial dispute and thus cannot be raised.
7. (0 This issue has not been pressed during arguments and no evidence was led over it. So this objection is over ruled.
8. ' Demands Nos, 1, 2 and 13.-Corporation Allowance. Conveyance Allow- acne, House Rent.
9. ' Social Security Institution is a corporate body and its employees have opted for National pay scales after it was adpoted by the Social Institution, so it is a contract between the parties and a demand can be made by either for its amendment. Institution is giving Corporation Allowance and Conveyance Allowance to its employees at Lahore. Rawalpindi has also become a Corporation so these allowances should be given to the employees at Rawalpindi. Deputy Director, Social Security Institution Rawalpindi, is directed to recommend the case of the employees to the Commissioner, Social Security, who may place it before the Governing Body. It would eliminate discrimination at Rawalpindi Station. Rents have gone high at Rawalpindi like other stations of Pakistan, so it should be 30% instead of 15% of the basic pay.
10. ' Demand No, 3.-Experience and Educational Qualifications.
11. ' Institution has framed its own rules and regulations regarding conditions of service in 1973 and prior to it employees were governed by General Services Administration Rules. According to the present rules anybody who is not graduate cannot be promoted to the post of Assistant unless he has completed 10 years service as a Junior Clerk or 5 years service as Senior Clerk. Union has demanded that those employees who were given appointments before coming into being the present regulations should be exonerated from this condition as they accepted the service of the Institution under the General Services Administration Rules where there is no such restriction. I E find that demand is quite genuine, and therefore Deputy Director of the Institution at Rawalpindi is directed to make recommendation in this behalf to the Commissioner Social Security, who may be able to put this demand before the Governing Body.
12. ' Demand No, 4.-Promotion to the post of Head Dispenser.
13. ' This demand has already been accepted.
14. ' Demands Nos, 5 and 6.-House Building and Fair Price Shop.
15. ' Union has demanded that loan for building houses be advanced to the employees on nominal interest. This demand is not genuine particularly when there is House Building Corporation.
16. Moreover this demand House Building Loan and Fair Price Shop was recommended but if this was turned down by the Governing Body. So this demand can not be accepted.
17. ' Demand No, 7.-Creation of a post of Chowkidar.
18. ' Union has demanded that there should be a separate Chowkidar at the dispensaries and post of Peon-cum-Chowkidar should be abolished. This is in evidence of the Management that no doubt there is a provision but actually there is no Peon working as Peon-cum-Chowkidar, so demand is not accepted. Hence rejected.
19. ' Demand No, 8.-Office of Union.
20. ' Institution itself is running its dispensaries in rented building and it is ready to provide accommodation to the Union, but provision of separate house is not acceptable. Hence demand is rejected.
21. ' Demand No, 9.-Appointment of drivers.
22. ' There are two drivers on an ambulance. Union has demanded the appointment of 3 drivers instead of two on an ambulance, Management is ready to make this provision provided the two drivers on an ambulance forego the nominal overtime of Rs, 50 p. m. To each driver. Union can have the matter settled if they chose to forego over time of Rs, 50 to a driver. So demand is accepted at the option of the Union.
23. ' Demand No, 10.-Domestic Enquiry.
24. ' Union has demanded the appointment of a member of the Union in Domestic Enquiry by the Management against employees as provision already exists for factory workers under section 23-B of the Industrial Relation Ordinance, 1969 Employees of the Institution are governed by Provincial Government Efficiency Rules and those rules do not permit such a coarse. Demand is therefore rejected.
25. ' Demand No, 11.-Leave for Union activities.
26. ' Union has demanded that when an office-bearer is busy with the Union activities he may be treated on duty. This demand is not acceptable for the reason that employees are paid for the work they do for the employee They can not be paid for no work. Union activities can be done who the office-bearers are not on duty.
27. ' Demand No, 12 and 14.-(0 Victimization by the Management. (ii) Rift between Commissioner and the Union.
28. ' Both the demands have not been pressed. This award shall remain in operation for one year from the date of announcement.