Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 49

Law: Civil Procedure Code (V of 1908)

Section: O. XXXIX, r. 1

Industrial Relations Ordinance (XXIII of 1969) S. 49 read with Civil Procedure Code (V of 1908), O. XXXIX, r. 1-Injunation restraining strike-Can be issued even before commencement of strike-Union serving strike notice yet recognised as Collective Bargaining Agent as two other Unions duly registered existed Union, in circumstances, directed to restrain from taking recourse to strike and Registrar of Trade Unions directed to determine Collective Bargaining Agent out of existing Unions within 21 days.                                                                                                                                ORDER HIDAYAT HUSSAIN (CHAIRMAN).-The applicants have filed Application No. (171/72). Under section 34 of the I. R. O., 1969, against the respondent-Union alleging that the respondent Union is not competent to take recourse: to the strike until they are declared collective bargaining agent. In this miscella neous application they want this Court to prohibit the strike. Mr. Fayyaz Muhammad Azad has appeared for the respondent Union in response to the notice to the Union. His contentions are as follows:- (a) The respondent. Union is the only Union in the establishment. In any case it is the Union which was registered prior to any other Union and hence it has to be deemed to be the collective bargaining agent. (b) Under appropriate circumstances the Court has powers to issue injunction. Section 45 of the I. R. O., 1969, is available to them and if it is held that the continuance of the strike may be prohibited,…