| Case ID |
1acc060b-da44-459c-a8b1-778ede211004 |
| Body |
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| Case Number |
2(15) of 1976/Pb. |
| Decision Date |
Sep 09, 1976 |
| Hearing Date |
|
| Decision |
The National Industrial Relations Commission ruled that the Pakistan Spencers Employees Union can be certified as the Collective Bargaining Agent (C.B.A.) for the branches of Messrs Spencers & Co. (Pakistan) Limited where it has membership. The Commission clarified that the certification as C.B.A. only applies to those branches without other registered trade unions. The judgment emphasized that a trade union can only be registered for an establishment or group of establishments and not for individual branches. The Court found that the term 'establishment' encompasses the entire organization rather than its branches, leading to the conclusion that the petitioner-Union is the only industry-wise trade union and has the right to represent all workers across the organization effectively. |
| Summary |
This case revolves around the interpretation of the Industrial Relations Ordinance, 1969, particularly concerning the certification of a Collective Bargaining Agent (C.B.A.) for trade unions in organizations with multiple branches. The National Industrial Relations Commission evaluated whether the Pakistan Spencers Employees Union could be recognized as a C.B.A. across all branches of Spencers & Co. (Pakistan) Limited, despite the existence of local unions in Karachi and Sukkur. The Commission concluded that the applicant union, being the only industry-wise union, is entitled to certification as C.B.A. for the entire establishment, provided it has membership across those branches. This decision underscores the need for clarity in labor representation, emphasizing that no branch can have its own trade union if it is part of a larger establishment. The ruling also aims to avoid confusion in labor relations and uphold the integrity of collective bargaining processes. This case is significant for labor law practitioners focusing on union representation and collective bargaining within large organizations. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Messrs Spencers & Co. (Pakistan) Limited
|
| Judges |
Qaisar Khan (Chairman),
Mamoon A. Kazi (Senior Member),
Bashir Ahmad Masud Afzal Khan (Member),
S. Rais Ahmed Jafri (Member),
Kazi Masud Afzal Khan (Member)
|
| Lawyers |
Khawaja Akhtar Ali for Petitioner-Union,
S. M. Yaqub for Spencers & Co. (Pakistan) Ltd.,
Khawaja Muhammad Farooq for Spencers Employees' Union, Sukkur,
S. P. Lodhi for Spencers Employees' Union, Karachi
|
| Petitioners |
Pakistan Spencers Employees Union
|
| Respondents |
Spencers & Co. (Pakistan) Ltd.
|
| Citations |
1977 SLD 1493 = 1977 PLC 20
|
| Other Citations |
Muhammad Aqil v. Chairman, Sind Labour Appellate Tribunal and another 1974 P L C 194,
Pakistan Insurance Corporation Employees' Federation v. Pakistan Insurance Corporation and others Case No. 2(4) of 1974
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
22(1),
2(xi),
13(c)
|