Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 22, 52

Industrial Relations Ordinance (XXII of 1969) -----Ss. 22 & 52-Plurality of Trade Unions-Determination of Collective Bar gaining Agent when no Union applies for holding secret ballot Registered Trade Union recognised by employer--Can perform functions of Collective Bargaining Agent. Section 22, read with section 52 of the Industrial Relations Ordinance, 1969 makes it very clear that where there are two registered Trade Unions the one recognized by the employer can perform the functions of a Collective Bargaining Agent. Sub section (2) of section 22 of the Ordinance does not cast any duty on any of the Unions to apply to the Registrar to hold a secret ballot. It appears that - the language of subsection (2) of section 22 of the Ordinance is only permissive and not mandatory. It is to meet a situation where none of the Trade Unions apply to the Registrar' for a ballot that section 52 of the Ordinance comps into operation. If the ingredients of section 52 of the Ordinance are fulfilled by any of the Unions, it can perform the functions of a Collective Bargaining Agent. In re: Abbas Ali Shah 1970 P L C 373 distinguished. Date of hearing : 4th January 1971.     DECISION This is an appeal against an award dated 21st November 1970. whereby the learned Chairman of the Second Sind Labour Court, Karachi. dismissed the application under section 34, of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), on the ground that the Indus Chemical and Alkalis Workers' Union (hereinafter called the Union), was not a Collective Bargaining Agent. It would be helpful to reproduce the relevant finding of the learned Court in the disposal of the appeal. It runs as under:-- "Section 22 of the Ordinance, Inter alia says that where there are more than one registered Trade Unions, the Registrar shall within one month from the date of the receipt of a written request in that behalf; hold a secret ballot . . . . the Registrar shall on the result of such secret ballot declare the Trade Union or the federation as the case may be, which has obtained the highest number of votes to be the Collective Bargaining Agent in respect of the…