Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-   S. 22(2), (3)-Secret ballot for determining Collective Bargaining Agent-Provisions of S. 22(2) directory and not mandatory-Election held substantially in accordance with relevant election law, fairly and fully participated by all, contesting parties-Non-strict compli ance with provisions of S. 22(2), (5) not materially affecting result Held, cannot annul election, in circumstances of case.-[Industrial dispute].   In the instant case, the contentions were. Firstly, that the election had been held not within 14 days as required under subsection (2) of section 22 of the Industrial Relations Ordinance, 1969 but was held after 21 days and is, therefore, illegal. Secondly and which; was emphatically convassed was that the voters list had not been verified by the Registrar as required by subsection (5) of section 22 of the aforesaid Ordinance, 1969 as it contained many inaccuracies and the provision being mandatory, the non-compliance thereof would annul the election.   Held: As regards the provisions in subsection (2) of section 22 of the afore said Ordinance that the Registrar shall hold the election within 15 days from the making of the application, no doubt, a period is prescribed by the Statute but the provision like similar provisions in other pari materia Statutes is, directive in character and not mandatory, especially in view of the fact that the duty is cast on the Registrar to hold election and the parties who are to participate in the election are the Trade Unions.   If the list of votes is not correctly "verified" by the Registrar but is accepted by all the parties who acting thereon go to the polls, they can hardly tarn round and raise an objection if tie result happens to be adverse to them. Under the general law of elections, voters' lists are immune from attack after the election as regards the rights of the persons shown on the list to be voters. That is so because not only an elaborate procedure is provided for checking up of the list but also for the reason that after the election it becomes an extremely arduous and an unprofitable affair to question the…