' Telephone Operators Union (Trunks) Regd., Lahore hereinafter referred to as the union through Mr. I. H. Sherazi its General Secretary has brought the under consideration petition under section 32 of the Industrial Relations Ordinance, 1969 against the Lahore Telephone Region through General Manager Lahore raising the industrial dispute and seeking adjudication thereof in respect of the demands, listed in Annexure 'A' to the petition.
2. The respondent, viz. General Manager, Lahore Telephone Region Lahore rejected the petition and raised the following preliminary objections which are sought to be disposed of by this order.
(1) That the applicant has no locus standi to file this application.
(2) The application is not maintainable as the petitioner is not the bargaining agent.
3. In respect of the preliminary objections, Iftikhar Hussain Sherazi the General Secretary of the petitioner-Union appeared as petitioner's witness and stated that there was a union except the petitioner-Union in the establishment of Divisional Engineer (Trunks) and the membership of the petitioner-Union was confined to the office of the Divisional Engineer Trunks. Exh. P. 1 has been produced as the photostat copy of the registration certificate of the petitioner-Union. He further stated that the petitioner-Union had been negotiating various issues with the Management. He admitted in the Divisional Engineer (Trunks) rather he was officiating as Technician in the Civil Secretariat Exh. PA which was under the administrative control of the Divisional Engineer Central-II.
He further stated that promotions of operators were ordered by the General Manager. He further admitted that there was no other Trade Union of T & T Operators which was named as Pakistan Telephone Operator Association. He also stated that the respondent had raised the objections before the Conciliator that the petitioner-Union was not the C. B. A. The witness further deposed that there had been no settlement of the department with the petitioner-Union.
4. In rebuttal Mr. Salah-ud-Din Welfare Officer, Lahore Telephone Region testified on behalf of the respondent. He stated that there were three Trade Unions of telepone operators. The question arose as to which of the three Unions was the C. B. A. An enquiry in this behalf was made from Registrar, Trade Union,-vide letter, dated 19th September 1974 copy whereof is Exh. RW 1/1. The Registrar,-vide reply Exh. R2 1/3, Operator (Trunks) Lahore and Pakistan Operators Assciation Lahore. He further informed that in order to determine C. B. A. In the establishment of the respondent an application can be made for referendum under section 22(2) of the I. R. O. 1969 Consequently on 31st Janurary 1975 the respondent applied to the Registrar Trade Union for referendum for determination of the C. B. A.,-ride letter Exh. RW 1/4 and no referendum was held so far. This witness conceded that for Trunks Operators there was a separate Divisional Engineer. He had a separate office and the service record in respect of Telephone Operator (Trunks) working in his Division and maintained in his office. The General Manager had a separate office but the establishment was one and the same. He further admitted that Divisional Engineer was the Drawing and Disbursing Officer of the staff. This witness disclosed that the promotion of monitor was ordered by the General Manager.
5. From the contents of copy of the registration certificate of the petitioner-Union (Exh. P. 1), it transpire that the petitioner-Union had been registered for the establishment of T & T Department, Lower Mall, Lahore and not for the Divisional Engineer (Trunks), Lahore.. It is also noteworthy that in the under consideration application Lahore Telephone Region through General Manager Lower Mall Lahore has been impleaded as respondent and not the Divisional Engineer (Trunks). The Annex ure to the application further show that the demand notice as well as the notice of strike were sent by the petitioner-Union to the General Manager, Telephone Region, Lahore and not to the Divisional Engineer (Trunks).
6. Keeping in view the definition of the expression establishment as contained in section 2(ix) of the I. R.
0. 1969 seen in the light of judicial precedents viz. Muhammad All v. Chairman, Lahore Appellate Tribunal and others and Brooke Bond Pakistan Ltd. v. Union Karkunane Brooke Bond the office of the Divisional Engineer (Trunks) should appear to be an establishment, inasmuch as for all the Trunk Operators, there is a separate Divisional Engineer and he maintains the service records in respect of Telephone Operator (Trunks) and is the Drawing and Disbursing Officer of the staff. This is however noteworthy that in this case the industrial dispute has not been raised against the Divisional Engineer (Trunks). The demands involved in the dispute are not confined to the powers of the D. E. Trunks. The petitioner-Union has been registered for the establishment of T & T Department. The notice of demand and notice of strike have been issued to the General Manager, Lahore, Telephone Region, Lahore is concerned for as the establishment of General Manager Telephone Lahore Region, Lahore as concerned in the establishment admittedly there is another Trade Union known as Telephone Operators Association. The respondent has not executed any settlement with the petitioner-Union recognizing it as the C. B. A. Negotiations have been conducted by the respondent with the petitioner-Union but during the said negotiations the other Union also used to participate as appears from the document produced by the petitioner-Union itself. The respondent has not recognized the petitioner-Union as the C. B. A. Addition from applied to the Registrar of Trade Union for holding of referendum for the determination of C. B. A. In these circumstances it becomes evident that the petitioner-Union is positively not a C. B. A. So far as the establishment of General Manager, Lahore Telephone Region, Lahore is concerned. In the present case the General Manager Lahore Telephone Region Lahore has been impleaded as respondent and the dispute has been raised against him. For raising the dispute against the General Manager,1 2 Lahore Telephone Region, Lahore it is must for the petitioner-Union that it should be C. B. A. For the establishment of the respondent. Since the petitioner-Union lacks that status it had therefore no locus standi to raise the under consideration dispute. Both the preliminary issues are accordingly found in favour of the respondent and consequently the under consideration petition is dismissed. 1974 R L C 169 (?) 1974 PLC 4