Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- ----22 (10) -Application for holding referendum-Cannot be enter­tained within period of two years from date of such certification of existing C. B. A.-Word "entertained"-Connotes initiation of pro­ceedings-Application made before expiry of such period but letter written to other unions by Registrar after expiry of such period-No illegality in application and proceedings, in circumstances, held, committed. (b) Industrial Relations Ordinance (XXIII of 1969)---- ----S. 22 (2)-Trade Union not registered on date of application by another registered union for holding referendum-Such union registered subsequently and also participating in proceedings before Registrar--­Such union, held, not debarred from taking part in referendum as an aspirant C. B. A.-Contention that such trade union did not have one-third strength of total workmen and as such its registration was illegal-Such plea involving resolution of disputed question of fact refused to be entertained in constitutional petition-Provisional Cons­titution Order (P. O. 1 of 1981`, Art. 9. M. L. Shahani for Petitioner. Choudhary Rashid Ahmad for Respondents Nos. 1, 2 and 4. Mir Raza Hussain Hydari for Respondents Nos. 3 & 5. Date of hearing: 13th September, 1982. JUDGMENT In this petition, Karachi Transport Corporation Workers' Union (here­inafter referred to as "the Workers Union") is petitioner, Registrar of Trade Unions, Sind, is respondent No. 1, Labour Officer (Trade Union) East Division, Karachi, is respondent No. 2, Karachi Transport Corporation Employees' Union (hereinafter referred to as "the Employees Union") is respondent No. 3, Karachi Transport Corporation Workmen Union (herein­after referred to as "the Workmen Union") is respondent No. 4 and Karachi Transport Corporation is respondent No. 5. 2. The Workers' Union (the petition ` having won in the referendum proceedings under the Industrial Relations Ordinance, 1-969, held on 1Ith October, 1979, was certified as the Collective Bargaining Agent for the workmen of Karachi Transport Corporation w. e. f. 11th October, 1979 as per certificate issued by the Registrar of Trade Unions on 17th October,…

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