Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- ----S. 22 (9) (e), (9a) & (10)-Certification of Trade Union as collective bargaining agent-In' consequence of winning election by secret ballot under S. 22 (9) (e)-Distinguished from that emerging without contest under subsection 9 (a)-Embargo on moving appli­cation for determination of collective bargaining agent for a period of two years -Applicable only in respect of collective bargaining agent certified as a result of contest by secret ballot. Mahmood Textile Mills Workers Union v. Registrar of Trade Unions, Multan Region, Multan 1976 P L C 387 dissented from. (b) Industrial Relations Ordinance (XXIII of 1969)- -----S. 34-Application before Labour Court-Locus standi-Only a collective bargaining agent or employer-Competent to move application for enforcement of right guaranteed or secured to it or him by or under any law, award or settlement-Collective bar­gaining agent existing-Rival Union making application to Labour Court for issuance of direction to Registrar, Trade Unions to hold referendum-President of collective bargaining agent on his own request impleaded as party before Labour Court-Application before Labour Court from Union not competent and without locus standi, Labour Court, held, had no jurisdiction to entertain or deal with same-Joining of President of Collective Bargaining Agent as party and admission of claim by him, held, cold not cure initial: defect touching non-maintainability of application-Order passed by Labour Court, in circumstances, held, without jurisdiction and declared by High Court as of no legal effect-Writ jurisdiction-Constitution of Pakistan (1973), Art, 199. Farani for Petitioner. Nemo for Respondents Nos.1 and 4. Bashir Zafar and Ch. Muhammad Akram for Respondent No. 2. Khalid Mahmood Pasha for Respondent No. 3, Date of hearing: 28thSeptember, 1981, JUDGMENT This writ petition challenges the validity of the order of the Presiding officer of the Punjab Labour Court No. 3, Lahore, at Ferozwala, respondent 1, dated the 28th July, 1981, accepting respondent 2's petition under section 34 of the Industrial Relations Ordinance, 1969, and directing the Registrar of Trade…

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