Law:

Section:

(a) Punjab Industrial Relations Act (XIX of 2010)--- ----S. 6(d)---Trade union---Constitution---Minimum percentage of persons from workmen forming the executive of a trade union---Over 80% workmen holding executive posts in trade unions-- Legality---Section 6(d) of Punjab Industrial Relations Act, 2010 provided that "the number of persons forming the executive which shall not exceed the prescribed limit and shall include not less than eighty percent from amongst the workmen actually engaged or employed in the establishment or group of establishments or the industry for which the trade union has been formed"---Said section gave only (80% as) minimum number of workmen in the executive of a trade union; it did not debar holding of more than 80% posts of the executive by the workmen. (b) Punjab Industrial Relations Act (XIX of 2010)--- ----S.3(4)---Constitution of a trade union---Framing and amendments---Non-interference from outsiders---Section 3(4) of Punjab Industrial Relations Act, 2010 granted power to members of a trade union to frame its Constitution without interference from any outsiders---Any outsider, who was not a member of a trade union was ineligible to challenge an amendment in the Constitution made by (members of) a trade union. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Laches---Delay of about two years in challenging an order without mentioning any reason---Effect---Such a constitutional petition would be hit by laches and was liable to be dismissed---Illustration. ORDER SHEZADA MAZHAR, J.--- Through the present petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has challenged the order dated 17-12-2011 whereby respondent No.1 approved amendment in the constitution of respondent No.2 trade union and also election proceedings held on 10-11-2011. 2. The learned counsel for the petitioner submits that under Punjab Industrial Relations Act, 2010 20% outsiders can be appointed as office bearer of a trade union. The amendment made in the constitution of respondent No.2 Employees Union Nestle Pakistan Limited (CBA) is against the statutory provisions which is absolutely…

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