WORKERS UNION Versus CRESCENT JUTE PRODUCTS LTD., JARANWAL

ORDER

The petitioner Workers' Union, is the Collective Bargaining Agent in the Establishment, Crescent Jute Products, Ltd. Jaranwala. It has filed this application for enforcement of a guaranteed or secured right to it.

2. The facts of the case are that one Abid Ali, a worker of Establishment was charge-sheeted for misconduct. In order to assist him in the domestic enquiry, the petitioner appointed one of his officer namely Ashiq Hussain to represent this case before the enquiry officer. The respondent did not allow Ashiq Hussain to conduct the case on behalf of Abid Ali in such circumstances the petitioner has filed this application with a prayer that the Management be directed to allow the petitioner, to represent the case of worker before the enquiry officer.

3. On behalf of the Management it was admitted that Ashiq Hussain wag not allowed to represent the case of the worker. It was stated that only a co-worker could represent the case of a worker during a domestic enquiry as provided in clause (iv-) of Standing Order No. 15. The position taken by the Management is not correct. Under section 22 (12) (b) of Industrial Relations Ordinance, 1969, the Collective Bargaining Agent has been given the right represent all or any of a workers iii any proceedings. A domestic enquiry is a proceeding against a worker and as such the Collective Bargaining Agent has the right to represent any worker before the enquiry officer. The Indus'ria1 Relations Ordinance, 1969 is a Central Act and its provisions must prevail over the provision of the Standing Orders Ordinance of 1968, which is provincial enactment.

4. For the foregoing reasons the petition is accepted and the Manage ment is directed to allow the petitioner to appoint arty officer to represent the case of Abid Ali in the domestic enquiry.