Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 22 , (4), (5), (6)

  Industrial Relations ordinance (XXIII of 1969) S. 22, subsections (4), (5) & (6)-List of workmen prepared in contravention of express provisions of subsection (5)--Not a list within meaning of subsection (6)-Registrar can include in the list prepared by him only those workmen whose period of employment is computed in accordance with subsection (4). Date of hearing : 18th March 1975.                                                                                                                                JUDGMENT This constitutional petition turns on a very short point of law. As the petitioner as well as the third respondent were both registered Trade Unions for the employees of the Bakhsh Textile Mills Limited, the first respondent decided to hold a referendum by a secret ballot under section 22 (2) of the Industrial Relations Ordinance, 1969 (hereinafter called the said Ordinance), in order to decide which of these two Unions was to be the Collective Bargaining Agent of the employees of the Bakhsh Textile Mills Ltd. The notice sent by the first respondent in this connection to the petitioner is dated 10-7-1974 and is Annexure `A' to the petition. It directed the petitioner inter alia to submit a list of its members, "showing in respect of each member his parentage, age, the section or Department and the place in which he is employed, his ticket/card number and the date of his becoming a member." A similar notice was sent to the third respondent. But whilst the petitioner complied with this notice and sent a list of all its members to the first respondent, the third respondent did not. Accordingly, a reminder was sent to this respondent on 27th July 1974. Further, according to the petitioner, the referendum was to be held on 1-8-1974, but as the third respondent had not submitted its list of members, it sought an…