Law:

Section:

Punjab Industrial Relations Act (XIX of 2010)-------Ss. 33, 37 & 44---Grievance petition---Maintainability---Employers had challenged the very maintainability of the grievance petition on the ground that the Labour Union (CBA) had no locus standi to file the sane---Validity---Labour Union (CBA) could represent an individual worker or a group of workers to seek relief under S.37 of the Punjab Industrial Relations Ordinance, 2010 and not otherwise--If the Labour Union (CBA) had raised certain demands and on the refusal of the establishment to meet those demands, the matter was to be taken up by the conciliator---When the conciliator failed, the matter was not referred to the arbitration and Labour Union (CBA) filed petition under S.44(2) of Punjab Industrial Relations Act, 2010---Law had envisaged complete procedure for the resolution of the dispute between the Labour Union (CBA) and the employer through mechanism provided in Ss.38 to 45 of Punjab Industrial Relations Act, 2010---No defect, infirmity or flaw having been found in the impugned order, same was upheld by the Tribunal accordingly. 1975 PLC 878 and 1982 PLC 84 rel. Z.A. Hashmi for Petitioner. Sheikh Rashid Ali for Respondent. Date of hearing: 6th April, 2011. JUDGMENT ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- This application under Order VII, Rule 11, C.P.C. questions the legality of the order dated 6-9-2010 passed by the learned Presiding Officer, Punjab Labour Court No.4, Faisalabad whereby the revision petitioner has challenged the very maintainability of the grievance petition filed by the respondent on the ground that CBA has no locus standi to file the petition. 2. The learned Labour Court however dismissed the application filed by the present petitioner on the ground that under section 44(2) of the Punjab Industrial Relations Ordinance, 2010 the respondent had the authority to file the petition. 3. It is submitted by the learned counsel for the petitioner that the CBA can represent an individual worker or the group of workers to seek relief under section 37 of the Punjab Industrial Relations Ordinance, 2010 and not otherwise. 4. Arguments have been heard and record has been perused. 5. In this case…

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