ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. Nos. 1301/2014, D-1624/2014 & D-202/2015

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Date Order with signature of Judge

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Present: Mr.Justice Muhammad Ali Mazhar

Mr.Justice Shaukat Ali Memon

CP.No.D-1301 of 2014

1. For order on CMA No.10136/14

2. For order on CMA No.10137/14

3. For Katcha Peshi

4. For hearing of CMA No.6060/14

5. For order on CMA No.13065/14

CP.No.D-1624 of 2014

1. For Katcha Peshi

2. For order on CMA No.7680/14

CP.No.D-202 of 2015

1. For order on office objection

2. For Katcha Peshi

3. For hearing of CMA No.1022/15

20.02.2015.

Mr. Muhammad Nishat Warsi, Advocate for the Petitioner

Syed Ehsan Ahmed Karim, Advocate for Petitioner in CP. No.D-202/2105 a/w Ms. Rizwana Kanwal, Advocate

Mr. Muhammad Rizwan Saeed, Advocate for Respondent No.3

Mr. Abdul Ghaffar, Advocate for Respondent No.6

Mr. Mazhar Illahi, Advocate for Respondent No.8

Mr. Abdul Jalil Zubaidi, AAG/Respondents No.1&2

Mr. Gulfam Nabi Memon, Registrar Trade Unions

Mr. Jauhar Izhar Khan, Deputy Manager [I.R.] of KPT/Respondent No.3

Mr.R. S. Sajnani, Assistant Law Officer/Respondents No.1&2

Mr. Abdul Samad Soomro, Secretary Union Front

Mr.Abdul Salam Soomro, General Secretary of Respondent No.4

Mr. Muhammad Ashraf, General Secretary of Respondent No.5 and Petitioner in C.P.No.D-1624/2014

Mr. Jalil Shah, General Secretary of Respondent No.7

Mr. Basheer Khan Bangash, General Secretary Organization of Karachi Port Union

Mr. Abdul Razzak, General Secretary, Democratic Workers Union

Mr. Junaid Qadeer, General Secretary, United Workers Front

Mr. Lala Nazir, General Secretary KPT Employees Union

-o-o-o-

Muhammad Ali Mazhar,J. This common order will dispose of the aforesaid petitions. The CP.NO.D-1301/2014 has been filed to challenge the proceedings conducted by the Registrar Trade Union for holding Referendum of Trade Unions in the Karachi Port Trust and raised the objections to the eligibility of casting votes of some categories of employees. While CP.NO.D-1624/2014 and CP.NO.D-202/2015 have been filed to challenge the benefits of present C.B.A and the charter of demand.

2. The brief facts are that the present petitioner in CP.NO.D-1301/2014 had earlier filed a CP No.D-215/2014 which was disposed of by this court vide order dated 27.01.2014. Since the petitioners again felt aggrieved by the minutes of

meeting dated 10.03.2014 circulated by the Registrar Trade Unions after due deliberation and announced the date of referendum, the petitioner has filed the present petition challenging the minutes of meeting dated 10.03.2014 and have taken the plea that still some of the categories of workers are not entitled to be included in the voters list.

3. The first objection is related to the category of “daily wages” workers who are permitted to cast their votes keeping in view Sub-section 8 of Section 24 of the Sindh Industrial Relations Act, 2013 which gives right to every workman whose period of employment computed in accordance with Subsection 6 is not less than 03 months and who is a member of any of the contesting Trade Unions. The Registrar Trade Unions submits that the daily wages workers are performing their duties continuously for last more than 8 years so they have been allowed to cast their votes and their names are included in the voters list. Mr. Nishat Warsi, learned counsel for petitioner argued that no list of daily wages workers was supplied to the petitioners. Learned counsel for management is directed to supply list of daily wages workers who have been included in the voters list to the learned counsel for petitioners. However it is agreed by all the parties and their counsel that all such workers whose period of employment is not less than three months and who is member of any of the contesting unions shall be allowed to cast their votes in the referendum.

4. The second objection as raised by Mr. M. Nishat Warsi, counsel for petitioners is that the Registrar Trade Unions has excluded staff of Port Security Forces from the voters list but included Watch and Ward Security Staff in the voters list. We have seen Sub-section 3 of Section 1 of the Sindh Industrial Relations Act, 2013 in which under Clause (vi) members of Watch and Ward Security or Fire Services or Oil Refinery or Airport staff has already been excluded, therefore, question of including the Port Security Staff or Watch and Ward Security Staff in the voters list does not arise. The Registrar of the Trade Unions shall exclude the names of such persons from the voters list and update the voters list accordingly.

5. The third objection is in relation to the employees of Respondent No.3 (Karachi Port Trust) performing their duties in the hospital and their education staff which have also been excluded from the voters list. In this regard learned counsel for management argued that they are the permanent employees of KPT and they are performing their duties within the vicinity of KPT. Earlier these persons were casting their votes and they are also members of different Trade Unions but this time they have deprived to cast their votes. The Registrar Trade Unions referred to Clause (v) of Sub-section (3) of Section (1) of the Industrial Relations Act, 2013 and argued that such staff is not allowed to cast their votes. According to our understanding, the above clause only relates to an establishment or institution for the treatment or care of sick, infirm, destitute or mentally unfit persons excluding those run on commercial basis. The KPT is not an establishment which runs hospital or institution for the treatment or care of sick, inform, destitute or mentally unfit person as their main business but they established their own hospital and school for their own employees within the vicinity of KPT so their exclusion does not warrant in view of the clause (v) of Sub-section 3 (1) of the Sindh Industrial Act, 2013. Registrar of the Trade Unions shall include all such staff in the voters list which has been agreed by all the parties and their counsel.

6. It is also mutually agreed that stipend workers who are already performing their duties shall also be allowed to cast their votes in terms of Sub-Section (8) of the Section 24 of the Sindh Industrial Relation Act 2013.

7. So far as employees of benevolent funds and group insurance is concerned the Respondents have raised objection that they are employed separately to run the affairs of benevolent fund and gratuity and their status is not clear whether they are employed by KPT or not. Since the status of employees performing their duties in a separate Secretariat established by the respondent No.3 to look after and handle the affairs and payments of benevolent fund and group insurance is not clear they may not be allowed to cast their vote till such time their status is clear by the Respondent No.3.

8. This order has been dictated in the open court with the consent of all the parties including Registrar of the Trade Unions and Advocates representing the parties including A.A.G. Since all disputes have already been resolved, the Registrar of the Trade Unions will hold the meeting of all stakeholders within 03 days and announce the date of referendum to be held preferably in the 3^rd week of March, 2015 and he shall hold the Referendum on the given date in accordance with law. The petitions are disposed of in the above terms along with listed applications.

Judge