| Citation(s) |
|---|
| 1983 SLG 1500 1983 SLD 1500 1983 PLC 367 |
Sindh High Court
Constitutional Petition No. D-512 of 1982, decided on 23rd November, 1982.
SALEEM AKHTAR AND MUHAMMAD SAEEDUZZAMAN SIDDIQUI, JJ.
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Constitutional Petition No. D-512 of 1982, decided on 23rd November, 1982.
SALEEM AKHTAR AND MUHAMMAD SAEEDUZZAMAN SIDDIQUI, JJ.
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KARACHI ELECTRIC SUPPLY CORPORATION
VS
NATIONAL INDUSTRIAL RELATIONS COMMISSION AND 6 OTHERS
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)- --- S. 22 (iv)-Collective bargaining agent-Election of-List of workers supplied by employer- Trade union disputing such list and contending that some workmen not included therein- Employer contending that those not included were not workmen-Registrar. Trade Unions ordering that employees mentioned in list of Trade Union should also be treated as workmen and be included in list of voters for holding referendum-National Industrial Relations Commission dismissing appeal against order of Registrar expressing view that question whether disputed employees- were workmen could be decided only after evidence as to their nature of duties but such enquiry would take considerable time causing delay of referendum-Order passed by Registrar and National Industrial Relations Commission, . set aside by High Court in constitutional petition holding that law imposes duty upon Registrar to verify such list and prepare list of voters which shall include, names of workmen entitled to vote-Constitution of Pakistan (1973), Art. 199. Pakistan Tobacco Co. Ltd. v. Employees' Union P L D 1961 S C 403 rel. S. M. Nurul Hassan for Petitioner. Hamid M. Siddiqui for Respondent. Date of hearing : 15th November, 1982. JUDGMENT SALEEM A.KHTAR; J. --This petition is directed. against the orders passed by National Industrial Relations Commission, Respondent No. 1, and the Registrar of Trade Unions, N. I. R. C. the Respondent No. 2. The petitioners are licensees for the supply of energy under the Electricity Act, 1910, the Respondent No. 4 is the Collective Bargaining Agent and the Respondents Nos. 3, 5, 6 and 7, are the registered Trade Unions of the workmen of the petitioners. On 17th April, 1981 and 27th July, 1981 the respondents Nos. 5 and ' respectively applied to the Respondent No, 2 under section 22 (ii) of I. R. O., 1961 for holding secret ballot for election of a C. B. A. The Respondent No. 2 authorised by the Respondent No. I called upon the petitioners under section 22 (iv) (b) of 1. R. O. to submit a list of all workers employed in group of establishment. The petitioners submitted a departmentwise list of the workers on 7th January,…
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