Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- -- S. 22(2), proviso and subsection (10)-Application for holding referendum-Expression entertain" -Means not only filing of applica­tion or initiation of proceedings but would mean "adjudicate upon" or `proceed to consider on merits' Application filed before expiry of 2 years commencing from date of certification of existing collective bargaining agent but notices' to all trade unions in establishment issued after expiry of such period-Plea that Registrar had no juris­diction to entertain such premature application, in circumstances, held, not sustainable. Hindusthan Commercial Bank Ltd. v. Pannu Sahu A I R 1970 S C 1384; Kufdan Lal v. Jagannath Sharma A I R 1962 All. 547 ; Abdullah Bhai and others v. Ahmad Din P L D 1964 S C 106 and Abdul Razzaq v, Abdul Hdmid 1979 S C M R 534 rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 8 & 22-Holding of referendum for determining collective. bargaining agent-Every registered trade union in the establishment eligible to participate-Trade Union registered subsequent to applica­tion for holding referendum but allowed to participate in referendum by Registrar-Action of Registrar challenged before High Court in constitutional petition-Contention that (l) being not in existence on date of application such union could not have been allowed to participate and (2) registration of such union was illegal for reason that it did not have as its members 1 /5th of total number of employees of the establishment-Contentions rejected -Held : Certificate of registration issued by Registrar under S. 8 shall be conclusive evidence of fact that such trade union was duly registered and every registered union was eligible to participate-Inquiry into question of fact regarding number of members of such union, farther, held, could not be embarked upon by High Court in exercise of its constitutional jurisdiction--Constitution of Pakistan (1973), Art, 199. Indian Company Law by Ghosh, (11th Ednâ-ž p. 154 and Landale and Morgan v. Chairman Jute Board 1970 S C M R 853 rel. M. L. Shahani for Appellant. Date of hearing : 16th November, 1982. ORDER K. A. GHANI, J.--This appeal…

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