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1976 P L C 931 [Labour Appellate Tribunal Punjab] Present: M. Jamil Asghar, Appellate Tribunal TUBEWELL EMPLOYEES' UNION, SCARP IV versus SECRETARY, IRRIGATION, PUNJAB Appeal No. SA-52 of 1975, decided on 12th April 1976. (a) Industrial Relations/ Ordinance (XXIII of 1969)---- ----S. 1(3)-"Person employed in administration of State"-Workers employed as tube-well Operators Fitters, Electricians, Foremen, Helpers etc. in SCARP IV under Irrigation Department-Held, not persons employed in "administration of State." Secretary, Agriculture Department, Government of the Punjab and 3 others v. Field Workers' Union, E. A. D. A., Lyallpur 1976 P L C 13; General Secretary, Provincial Buildings Employees' Union, Hyderabad v. The Executive Engineer, Provincial Buildings Division and another 1972 P L C 285 and Sind Road Transport Corporation and 2 others v. Staff Union and 2 others 1975 P L C 361 ref. Livestock Farm Labour Union, Okara v. Registrar, Trade Unions, Multan Region, Multan 1975 P L C 554 held no longer good law. (b) Industrial Relations Ordinance (XXIII of 1969)---- ----S. 43 read with Ss. 22(1) & 52-Industrial dispute-Existence of­ Collective Bargaining Agent-Industrial dispute raised by Union on date when it was neither C. B. A. nor had applied to Registrar for certifica­tion as such---Such dispute, held, cannot be deemed to exist. JUDGMENT This is an appeal against an award dated 31-7-1975 of Punjab Labour Court No. II, Lahore. 2. Tube-well Employees' Union Scarp No. IV through its General Secretary, Muridke, District Sheikhupura raised an industrial dispute in which 52 demands were made. After failure of bilateral negotiations, the Union served a strike notice on the employer and the matter then went up before the conciliator, who failed to bring about a settlement between the parties and issued a failure certificate. Thereafter the Union filed a petition under section 32 (1-A) of Industrial Relations Ordinance, 1969 for 2djudica­tion of 52 demands mentioned therein. Irrigation Department, Government of the Punjab through its Secretary, respondent not only' contested the petition on merits but also raised a preliminary objection that since the employees…

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