Law:

Section:

(a) Balochistan Industrial Relations Act (XIII of 2010)--- ----Ss. 12, 13 & 24(1)(2)---Cancellation of registration of Trade Union---On filing application under Ss.12(3)(d) & 24(2) of Balochistan Industrial Relations Act, 2010 for cancellation of registration of Labour Union, Labour Court declared the union as void---After declaring the union as void only applicant union remained in field---Labour Court though in impugned cancelled registration of the union, but had further directed that the referendum be conducted---Said direction was against the provision of Balochistan Industrial Relations Act, 2010, for the reasons that when the registration of the union was declared void, only applicant-union remained in field; and no other union existed in the establishment---Under provisions of S.24(1)(2) of Balochistan Industrial Relations Act, 2010, referendum/ secret ballot for determination of Collective Bargaining Agent was mandatory when there were more than one registered trade unions existed in the establishment---After declaring the registration of the union void, only one registered union would exist, and referendum was not required---Impugned passed by Labour Court was set aside, in circumstances. (b) Words and phrases--- ----'Void', defined. 2003 MLD 22 and Black's Law Dictionary Ninth Edition ref. THIS JUDGMENT DELIVERED BY: ABDUL GHIAS NOUSHERWANI (MEMBER):---.--- The petitioner/applicant challenged the judgment dated 30-9-2013 passed by learned District and Sessions Judge, President Officer Labour Court 1st Balochistan Quetta in Case No.16 of 2013 wherein according to petitioner his application/petition was not entertained properly per the prayer clause of the petition. 2. For disposal of this petition briefly stating the facts are that the petitioner/applicant approached the respondent No.2, the Registrar Trade Union for cancellation of the registration of respondent No.1 but no action has been initiated. Thereafter the petitioner/applicant approached the Learned Labour Court by means of petition/application under section 12(3.D) and section 24(2) of BIRA, 2010 with the following prayer: "It is, therefore, respectfully prayed that to save the…

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