Case Details

Citation(s)
1972 SLD 3138 = 1972 P L C 384
Sindh Labour Appellate Tribunal
Miscellaneous Application No. 21 of 1971, decided on 1st October 1971.
Presented By: Hidayat Hussain, Chairman and Shaukat Ali A. Nanji, Member
Saeed Pasha Lodhi for Applicant. Muhammad Akram Brar for
Respondent No. 1. Syed Abid Ali, Assistant Resident Engineer for
Respondent No. 2. Abdul Majeed alongwith General Secretary, Shamsul Islam for
Respondent No. 3. Muhammad Ayub Office Superintendent for
Respondent No. 4. Nemo for
Respondent No. 5.

THE WEST PAKISTAN HYDRO ELECTRIC CENTRAL LABOUR UNION (READ.)

VERSUS

THE CHAIRMAN, WAPDA, LAHORE AND 4 OTHERS

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34, 35

Industrial Relations Ordinance (XXIII of 1969) Ss. 34 & 35 read with S. 30(2) [as inserted by Industrial Relations (Amendment) Ordnance (XIX of 1970)] -Collective bargaining agent-Status of Union-Application for determination of status-Whether main tainable under S. 34 -- Union performing functions of collective bargaining agent at time of addition of S. 30(2)-Registrar. Trade Unions subsequently registering and declaring another Trade Union for same establishment as collective bargaining agent without resort to procedure laid down in S. 22-Existing Union, in circum stances, held, entitled to approach Labour Court under S. 34 and Labour Court competent to determine such right of Trade Union -Registration and declaration of second Trade Union as collective bargaining agent, in circumstances, held, as non-existent in eye of law.                                                                                                                  AWARD HIDAYAT HUSSAIN (CHAIRMAN).-Applicants West Pakistan Hydro Electric Central Labour Union claim to be the registered Trade Union with their headquarter at Lahore and having unite in various establishments of WAPDA in the Province of West Pakistan. According to them they were the recognized Trade Union for the whole of West Pakistan so far as the establishments of the WAPDA are concerned. Their case is that they have to be deemed to have been declared as a collective bargaining agent for all the establishments including that at Sukkur. The respondent No. 3 WAPDA Electricity Employees' Union. Sukkur was registered by the Registrar of Trade Union, Sind in July, 1970. They applied to the Registrar for a certificate that they were the collective bargaining agent so far as the Sukkur Unit was concerned on the ground that no other registered Trade Union existed in this unit and that their membership exceeded one-third of the total number of…
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