Law:

Section:

Industrial Relations Act (IV of 2008)--- ----Ss. 2(xiii)(xxix), 12, 24 & 41---Law Reforms Ordinance (XII of 1972), S.3---Referendum for determination of Collective Bargaining Agent---Entitlement to be included in voters' list---Terms of existing Collective Bargaining Agent in the establishment having since expired, referendum for determination of Collective Bargaining Agent for next term was to be held---Appellant Union in the establishment which intended to participate in said Referendum, its 53 members were terminated from employment and their grievance petition against said termination was pending before the Labour Court---Appellant union supplied required list of its members including said 53 members, and Registrar Trade Unions started proceedings and finalized the list for the purpose of secret ballot---Respondent/existing union, filed constitutional petition contending that said 53 members, were not workmen and were not entitled to be included in the voters' list---Single Judge of High Court granted status quo---Validity---According to definition of worker or workman in clause (xxix) of S.2 of Industrial Relations Act, 2008, so far as the terminated worker was concerned, would depend upon those terminations etc. which were taken place in connection with or as a consequence of an industrial dispute; but, in the present case, alleged dispute of the parties did not appear to have any connection or relation to any industrial dispute nor the same was taken up by or through Collective Bargaining Agent in terms of S.41 or 50 of Industrial Relations Act, 2008; and such dispute was never raised as an industrial dispute by Collective Bargaining Agent in accordance with S.60 of the Act---Said 53 persons being not workmen, were not entitled to participate in the referendum under S.24 of Industrial Relations Act, 2008---Said workmen could not be allowed to cast vote merely on the expectation of their re-employment or reinstatement in service---Impugned calling for no interference, intra-court appeal, was dismissed, in circumstances. Muhammad Ali and others v. Presiding Officer, Sindh Labour Court No.1 and others 2000 PSC 633 distinguished. 1994 SCMR 2213; 2001 PLC…

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