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Industrial Relations Ordinance (XXIII of 1969)- -- S. 8 (7) and Civil Procedure Code (V of 1908), S. 115 and O. VII, r. 11-Change of office-bearer of workers' Union Dispute within exclusive jurisdiction of Labour Court--General Secretary of Union sought to be restrained from acting as such due to alleged resignation-Fact of resignation disputed-Opposite party filing civil suit-Civil Judge rejecting plaint for reasons that matter within exclusive jurisdiction of Labour Court-On appeal District Judge setting aside order of Civil Judge and remanding suit for trial and adjudication on merits-Matter involving change of office-bearer of Union assumption of jurisdiction of Civil Court not approved by High Court Appellate order of District Judge reversing order of Civil Judge rejecting plaint, in circumstances, set aside by High Court in revisional jurisdiction. M. L. Shahani for Petitioners. Raja Qureshi for Respondent No. 1. Dates of hearing : 20th and 21st March, 1983. JUDGMENT This petition under section 115 of the Code of Civil Procedure, 1908, challenges the decision dated 5th September, 1980 of the 8th Additional District Judge, Karachi, allowing Civil Appeal No. 516 of 1982. The facts leading to the filing of the petition are as under :- 1 Petitioner No. 1 is the President of the United Bank Labour Union Karachi (hereinafter referred to as the Union) which is a registered Trade Union of workers employed in the United Bank Limited and is declared Collective Bargaining Agent under section 22 of the Indus­trial Relations Ordinance, 1969 (hereinafter referred to as the I. R. O.). Petitioner No. 2 is Senior Joint Secretary of the Union. It is admitted fact that respondent No. I was the General Secretary of the Union on 11th May, 1982. It is however, the case of the petitioners that on that day he tendered resignation which was initially accepted by the Managing Committee of the Union and Petitioner No. 2 was nominated to act as General Secretary. The change was submitted to respondent No. 2 who by his letter dated 22nd June, 1982 addressed to the petitioners informed that the vacancy due to resignation of the General Secretary had not been filled in accordance with…

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