Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- Ss. 22 (9) 34 & 36-Jurisdiction of Labour Court-Registrar Trade Unions after holding secret ballet declaring one of the Unions as Collective Bargaining Agent-Rival Union purportedly under S. 34 moving Labour Court challenging order of Registrar-Rival Union, held, not entitled to raise industrial dispute on that account as having no right secured under law, settlement or award having been infringed and Labour Court, held, has no jurisdiction to interfere in verdict of Registrar. Aga Asif Jafri for Petitioner. All Ahmad Mahmood for Respondent No. 1. Nazir Ahmad Naz for Respondents Nos. 2 and 3. ORDER The circumstances out of which the present petition has arisen are as follows: The Municipal Committee, Multan has a number of registered Trade Unions and three of them opted to contest the secret ballot for deter­mination of Collective Bargaining Agent which was held on 10th September 1974, under the supervision of the Registrar, Trade Unions, Multan respon­dent No. 1, the participants being (1) Municipal Khakrob Mashki Union. Multan, (2) Municipal Labour Union, Multan, (3), Mashki Sweepers' Union, Multan. The Registrar, prepared the lists of the voters having no regard to the lists supplied by the Municipal Committee, respondent No. 3 as a result of the ballot conducted by him Municipal Khakrob Mashki Union respondent No. 2 was declared to be C. B. A. on 13th September 1974, securing 797 votes against 360 votes secured by Municipal Labour Union and 620 votes by Mashki Sweepers' Union. Since the votes secured by respondent No. 2 did not represent the votes to the extent of 1/3rd number of the workmen in the establishment, the election could not be held valid under the law in accordance with the provisions of subsection (9), clause (e) of section 22 of the Industrial Relations Ordinance, 1969. It was therefore, prayed that the impugned order dated 13th September 1974, be declared as illegal, void and inoperative and that the respondent No. 1 be directed to hold secret ballot afresh to determine the status of C. B. A. The petition was resisted on the preliminary ground that this Court has no jurisdiction to…

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