Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- S. 32 read with Ss. & 12(5)-Industrial dispute-Change of office-bearers of Union -Acceptance of change of General Secretary by Registrar-Held, condition precedent to initiation of proceedings by such General Secretary. Employees Unaon v. Messrs Bukhara Hotel 1975 P L C 786 and Corning Glass Employees' Union v. Messrs Corning Glass (Pak.) Ltd. and another ref. Ashraf Hussain Rizvi for Appellant. Mahmood Abdul Ghani for Respondent. Date of hearing : 7th February 1977. DECISION This is au, appeal against the order of the Labour Court allowing the preliminary objection raised on behalf of the respondent and dismissing the industrial dispute filed under section 32(1) (a), Industrial Relations Ordi­nance. 2. The Union raised an industrial dispute by serving a demand notice dated 28th January, 1976. The notice of strike was served on 9th February, 1976. Conciliation proceedings having been failed an application under section 32(1) (a) of Industrial Relations Ordinance was filed in the Labour Court on 14th May, 1976 3. A preliminary objection was taken on behalf of the respondent that the application was not maintainable as Faizullah who had served demand notice as well as strike notice was not the General Secretary and therefore, both the notices were illegal and could not form the basis of the proceedings which were subsequently taken. This ground found favour with the learned Presiding Officer of the Labour Court and dismissed the application. Aggrie­ved by this, the present appeal had been filed. 4. It has been urged on behalf of the appellant that Faizullah was the General Secretary having been elected in November, 1975 and the change was also notified to the Registrar of Trade Unions. Consequently, He was competent to serve demand notice and strike notice. On the other hand, it was alleged on behalf of the respondent that the change was not accepted by the Registrar till August, 1976 and, therefore, so long the change was not accepted, Faizullah could not act as General Secretary and he was in competent to initiate the proceedings. 5. I am inclined to…

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