Copy of Islamabad High Court Order, CBA Union Referendum / Election in PTCL
Mr. Ammad-ul-Hassan Qureshi Secretary General, Pak Telecom Labour Union
Malik Habib-ur-Rehman, Secretary General, PTCL Mazdoor Dost Union
(Text of IHC Orders Dated 27/06/2012)
Form No: HCJD/C-121
IN THE ISLAMABAD HIGH COURT, ISLAMABAD.
Pak Telecom Labour Union &. Another
Registrar Trade Union etc.
S. No. of order/proceedings
Date of order/proceedings 27.06.2012
Order with signature of Judge and that of parties or counsel where necessary.
Hafiz Arfat Ahmed Chaudhry, Advocate for the petitioner.
The petitioner has mostly contended in the petition that despite application made to respondent No.l, Registrar, Trade Union, National Industrial Relations Commission, Islamabad, he is not entertaining the same and illegally continuing the earlier C.B.A. for whom, a certificate was issued commencing the tenure whereof from 21.04.2010. The said tenure of CBA has been completed in view of section 24 (11) of the IRA, 2008. It is further contended that section 19(2) provides that written application be made by any of the registered Trade Union or group of establishment, the Registrar, shall upon such application, hold within fifteen days, a secret ballot to determine the collective bargaining agent for the establishment or the group. It is further contended that subsection (13) of Section 19 provides that an application made to the Registrar, no employer shall transfer, remove, retrench, or terminate any worker or officer of the Trade Union without permission of the Registrar. Learned counsel for the petitioner referred such provision of law has expressed apprehension that directions may be issued to respondent No.1, as adverse action can likely be initiated against the petitioner or any other office bearer of the Trade Union.
2. Since a very trivial issue is involved in the petition as well as the prayer is confined to the extent of issuance of direction for holding secret ballot, but prior to that, such application, which is still pending with respondent No.l without any proceedings initiated thereupon. Therefore, the respondent No.l is directed to dispose of the applications made by Ammad-ul-Hassan Qureshi, Secretary General, Pak Telecom Labour Union &. Malik Habib-ur-Rehman, Secretary General, PTCL Mazdoor Dost Union within a period of 15-days in accordance with law. Meantime, till election process is not completed, no adverse action shall be initiated against any of the employee or office bearer of the Trade Union.
3. With these observations, instant writ petition stands disposed of.
(NOOR-UL-HAQ N. QURESHI)