Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 22((j, 43 & 52-Raising of industrial dispute-Single registered Trade Union---Neither certified nor applied to Registrar for certification as Collective Bargaining Agent-Cannot derive benefit of S. 52-Not competent to raise ;,ddustrial &bpute--Dispute raised by such Union prior to application to Registrar for certification, held, cannot be deemed to exist in view of S. 43. Awalin Silk Mills Workers' Union v. Their Management S.1. T- E., Karachi P L J 1976 Tr. C. (Lab.) 159 rel. Ata-ur-Rehman for Appellant. Zaf'ar Saleem for Respondent. Date of hearing : 19th April 1976. JUDGMENT This is an appeal against an interim award dated 3-2-1976 of Punjab Labour Court No. 2, Lahore. 2. Mahboob Elahi & Sons Employees' Union, Gujranwala, respondent raised an industrial dispute against M/S Mahboob Elahi & Sons Ltd., Gujranwala, appellant 1-ly way of a petition under section 32(1-A) of Industrial Relations Ordinance, 1969. The respondent not only contested the petition on merits but also raised three preliminary objections namely: (1) that the respondent's Union was not Collective Bargaining Agent and therefore was not competent to raise the industrial dispute. (2) That the conciliation period was extended by the consent of the parties and not by the consent of both the parties as required by law. (3) That the strike notice was beyond the limit as prescribed under section 26(3) of Industrial Relations Ordinance, 1969. The learned Labour Court summarily overruled these objections and adjourned the case for evidence on merits. 3. Aggrieved by the above interim award the appellant has preferred this appeal. 4. In appeal the appellant reiterated the objections, which were raised before the learned Labour Court. Legal Objection No. l.-Demand notice issued on0 dated 14-3-1975 and was received on 17-3-1975 as it was despatched on 15-3-1975. The strike notice was issued on 31-3-1975 and was received on 2-4-1975. The point for determination is as to whether the respondent-Union was Collective Bargaining Agent at the time when the industrial dispute was raised. According to the evidence of Muhammad Sarwar Senior…

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