TNB LIBERTY POWER LTD. vs REGISTRAR OF TRADE UNIONS Ss — 2023 PLC 169 KARACHI-HIGH-COURT-SINDH

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TNB LIBERTY POWER LTD. VS REGISTRAR OF TRADE UNIONS Ss.2(ix), 2(xxxii) & 26---Trans-provincial establishment---Election schedule of workers union---Petitioner/corporate entity challenged the act of respondent/Registrar of Trade Unions ("Registrar") as to give programme of the Election Schedule, i.e. referendum through secret ballot for determining the Collective Bargaining Agent ("CBA") and also issued Certificate in favour of respondent/certain power plant workers union ("Union") certifying the latter as CBA---Petitioner contended that the said act of the Registrar was colourable exercise of powers and tainted with mala fide; that petitioner was a Trans-Provincial Establishment, so the Sindh Industrial Relations Act, 2013, was not applicable thereto---Respondent/Registrar contended that petitioner had invoked the jurisdiction of High Court with unclean hands by suppressing the material facts by consciously concealing the earlier decision of the High Court; that the present petition was not maintainable as the adequate remedy was available under the Act, 2013; and that the petitioner could not take advantage of Trans-Provincial concept as it did not have branches in other province, but it only had registered office in the "Federal Capital"---Held, that it was undisputed fact that petitioner's registered Office was situated at Islamabad ("Federal Capital"), whereas, its power generation plant/Unit was in the Province of Sindh---Sindh Industrial Relation Act, 2013, was a Sindh specific statute which would relate to an entity which had its office/factory/industrial undertaking, so on and so forth, within the territorial boundaries of Sindh Province---Registration certificate even issued under the Factories Act, 1934, could at best be taken as a compliance of the legal requirement, but the same could not change the status of petitioner from a trans-provincial establishment/entity to the Provincial one---Earlier decision of the High Court did not adversely affect the merits of the present case, as the present grievance of petitioner was that after promulgation of Industrial Relations Act, 2012 and Sindh Industrial Relations Act, 2013, respondent/Registrar could not justify its impugned action of holding Poll for determination of CBA on 5 years old application of the respondent Union and the same did not have the jurisdiction to determine the CBA of the petitioner establishment as the Act, 2013, was not applicable---Mala fide / unreasonableness/illegality per se was ex facie present on part of the Registrar---Section 26 of the Act, 2013, was not operating as a bar against filing of present petition---Constitutional petition was accepted accordingly.

TNB LIBERTY POWER LTD. vs REGISTRAR OF TRADE UNIONS Ss — 2023 PLC 169 KARACHI-HIGH-COURT-SINDH

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