PAKISTAN STEEL MILLS CORPORATION LTD. vs NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD S

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PAKISTAN STEEL MILLS CORPORATION LTD. VS NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD S. 19 (3), (4), (5) & (6)---National Industrial Relations Commission (Procedure and Functions) Regulations, 2016, Regln. 11---Referendum/election for determination of Collective Bargaining Agent (CBA)---Statutory requirements---Scope---Submission of list of members of the trade unions by the employer for the purpose of participation in the referendum in terms of S. 19(4) of the Industrial Relations Act, 2012, (Act) instead of submitting the same by the contesting trade unions in terms of S. 19(3)---Validity---In order to participate in contest for election as CBA between trade unions, a trade union must throw its hat in the ring in terms of S. 19(3)(a) of the Act---Trade union that desires to be a contestant is required to submit a list of its members together with the details of each member with regard to date of his employment as well as the date of his becoming a member of the trade union in terms of S. 19(3)(b) of the Act---Section 19(4) of the Act creates an obligation for the employer to submit a list of all workmen employed in the establishment, excluding those who have been employed for a period of less than three months---Obligation of the Registrar to prepare a list of voters is encapsulated in S. 19(5) of the Act---Each voter whose name is included in the list is then entitled to vote through secret ballot to elect a CBA---In terms of requirements of S. 19 of the Act read together with the relevant provisions of Ss. 9, 11, 15 and 16 of the Act and Regln. 11 of the NIRC (Procedure and Functions) Regulations, 2016, it is obligatory for a trade union seeking to contest the election for a CBA to submit a list of its members, as required under S. 19(3) of the Act and such lists submitted by all contesting trade unions when put together would form the basis for the Registrar to compile a list of voters for purposes of S. 19(5) of the Act with the list of workmen submitted by the employer in terms of S. 19(4) of the Act being a basis for carrying out relevant scrutiny of credentials of the workmen to be undertaken by the Registrar to confirm that the list of voters include only such workmen eligible to be voters in a contest for the election of a CBA in terms of the criteria prescribed in S.19(5) of the Act---High Court found that the manner in which the list submitted by the petitioner in terms of S. 19(4) of the Act declared to be the voters list for purposes of S. 19(5) of the Act through the impugned order was not in accordance with law---Constitutional petition was allowed, in circumstances.

PAKISTAN STEEL MILLS CORPORATION LTD. vs NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD S — 2025 PLC 176 ISLAMABAD

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