1. Balochistan Industrial Relations Act (XIV of 2010)---
Ss. 6, 13 and 55--Registration of third trade union in presence of two trade unions--Pre-requisites
In presence of first trade union, each subsequent trade unions can be registered only if it has one fifth membership of the total number of workmen employed in such establishment under BIRA, 2010.
Labour Court had cancelled the registration certificate of third trade union as were already existing. Appellant/third trade union contended that Labour Court had not given opportunity to lead the evidence. Office bearers of two trade unions contended that registration certificate was issued in connivance with the Registrar of Trade Unions--Validity. Record revealed that appellant had applied for registration of third union as there already existed two registered unions. Section 6(2)(b) of Balochistan Industrial Relations Act, 2010 stipulated that when there were two or more registered unions in the establishment or group of establishments or industry with which the trade union was connected then one fifth membership of the total number of workmen employed in such establishment, group of establishments or industry for third union was mandatory.
Appellant failed to fulfill the numeric strength required for the registration of union. Inquiry conducted by Research Officer was also in favour of the stance of respondents. Contention of appellant as well as the act Registrar of Trade Unions had no support from the record, therefore, in presence of clear law there was no need of further inquiry or leading of any evidence. Registrar of Trade Unions had already cancelled the registration of appellant soon after announcement of Labour Court's judgment. Labour Court had rightly reached to the conclusion that appellant was wrongly registered by the Registrar against the clear directions of law. [LAT(Baloch): Irrigation Labour Union Balochistan Through President vs. Balochistan Irrigation Employees Union through President and another; 2018 PLC 205].
Khyber Pakhtunkhwa Industrial Relations Act (XVI of 2010)---
Ss. 37 and 51--Grievance petition--Dismissal on charges of misappropriation and embezzlement of Bank funds
S.O.15--lndustrial and Commercial Employment (Standing Orders) Ord, 1968
Conversion of order of dismissal from service into compulsory retirement
Court correctly converted employees' harsh punishment of dismissal into compulsory retirement as they knowingly kept quiet about illegal activities of misappropriation and embezzlement of Bank funds by the Bank Manager.
Respondents/employees were dismissed from service after holding enquiry against them on allegations of misappropriation and embezzlement of Bank amount. Labour Court dismissed grievance petition but on humanitarian grounds, impugned dismissal order was converted into compulsory retirement. Appellate Tribunal having maintained judgment of the Labour Court, petitioners/employers, had filed constitutional petition. Charges against the employees were that they collaborated with the then Branch Manager of the employer Bank, defrauded the Bank and embezzled millions through illegal transactions. Enquiry Officer, during cross-examination, had stated that in his enquiry proceedings, it was no where proved that the employees had pocketed the alleged amount; that it was not alleged by the Management in the charge sheet that the employees had misappropriated and pocketed the said amount.
Main charge of misappropriation and embezzlement of Bank funds was imposed on the Manager of the Bank and the employees, were charge-sheeted for their negligent conduct, while performing their duties by keeping their eyes shut and kept mum about illegal activities of the Manager. Labour Court as well as Labour Appellate Tribunal, reached to the correct decision that as the role attributed to the employees, was of negligence about not informing higher Bank Management about the illegal activities of said Bank Manager. Dismissal of employees from service by Bank authorities was harsh, and was correctly converted into compulsory retirement by...