Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 34 & 25-A-Collective Bargaining Agent-Can only espouse cause of workers as a whole and not of an individual worker­ Provision for individual grievance provided for in Ordinance under S. 25-A-A Union, held, can file petition on behalf of a worker under S. 25-A. Tariq Transport Co. v. Sargodha-Bhera Bus Service P L D 1958 S C (Pak.) 43 and Workers' Union v. Metropolitan Steel Corporation Ltd., Karachi 1975 P L C 230 ref. Mian Nisar Ahmad Saleem for Appellants. Nemo for Respondent No. 1. Respondent No. 2 in person. Date of hearing : 7th August 1978. JUDGMENT This is an appeal against the decision dated 19-3-1978 of Punjab Labour Court No.3, Ferozewala. 2. Suraj Ghee Industries Workers' Union, which is a Collective Bargaining Agent, through its President, respondent No. 1, filed a petition under section 34 of Industrial Relations Ordinance, 1969 praying that the appellant be restrained from creating impediments against the Union and from dismissing or punishing Ahmad Ali, respondent No. 2 or other members of the Union in any manner whatsoever. Alongwith the said petition an application under Order XXXIX, rules 1 and 2, Cr. P. C. was also filed praying that pending the final disposal of the main petition, the appellants be restrained from removing Ahmad Ali, respondent No. 2, or taking any other steps for victimization of the members of the Union. The learned Labour Court allowed the application vide the interim order in appeal. 3. Aggrieved by the above interim order, Messrs Suraj Ghee Industries, appellants have preferred this appeal. 4. From the perusal of the petition under section 34, it is clear that the Union had espoused the cause of Ahmad Ali, respondent No. 2 against whom an inquiry had been initiated for misconduct alleged to have been committed on 11-4-1975 and as a result thereof, he was likely to be dismissed. The question for determination is as to whether the petition under section 34 was maintainable. 5. Under section 34 of Industrial Relations Ordinance, 1969, a Collective Bargaining Agent can apply to the Labour Court for the enforce­ment of any right guaranteed or secured to it by or…

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