Case Details

Citation(s)
1984 SLG 1113 1984 SLD 1113 1984 PLC 313
Lahore High Court
Writ Petition No. 3422 of 1982, decided on 10th January,1984.
MUHAMMAD ASLAM MIAN, J

PAKISTAN WESTERN RAILWAYS UNIONvsNATIONAL INDUSTRIAL RELATIONS COMMISSION AND 2 OTHERS

Law:

Section:

(a) Provisional Constitution Order (1 of 1981)---- -- Art. 9 read with Industrial Relations Ordinance (XXIII of 1969), S.22-D-Writ-Laches-Election matter-Delay defeats a cause because in process of election rights of others become involved­ Trade Union aggrieved of order of Registrar (one Member of N. 1. R. C. acting as Registrar) in disallowing it to participate in proceedings for referendum for determination of collective bargaining agent on erroneous ground that its registration had been cancelled-Failing to challenge such order through appeal before Full Bench of N. I. R. C. under S. 22-D of Industrial Relations Ordinance, 1969-Again failing to challenge legality of first round of poll at proper time either before N. I. R. C. or through writ petition-Making application and appeal to N. 1. R. C. after first round of poll when second poll declared to be held under second proviso to S.22(9)(a) of Industrial Relations Ordinance, 1969 praying for being allowed to participate in second poll or for ordering fresh referendum by cancelling first round of poll already held-Appeal dismissed by N. I. R. C.-Matter agitated thereafter before High Court in writ petition and meanwhile second round of poll completed-Petition, to circumstances, held, suffered from laches hence dismissed Baqir Hussain etc. v. Mst. Yatim Bibi etc. 1978 S C M R 295 ; Nawabzada Muhammad Umar Khan and others v. Pakistan through Secretary, Cabinet Division and others P L D 1982 Pesh. 1 ; Karachi Warehouse and Carriers Workers Union v. Pakistan Warehouse Carries Workers' Union and 3 others P L D 1978 Kar. 417 and Capt. (Retd.) Abdul Wajid and 2 others v. Sher Muhammad and others 1980 P L C 800 held not applicable]. Celluko Industries Peoples Labour Union v. Celluko Peoples Employees' Union, Karachi and S others 1980 P L C 785 ref. Baqir Hussain etc. v. Mst. 1'atim Bibi etc. 1978 S C M R 295 ; Nawab­zada Muhammad Umar Khan and others v. Pakistan through Secretary, Cabinet Division and others P L D 1982 Pesh. 1; Karachi Warehouse and Carriers Workers' Union v. Pakistan Warehouse Carriers Workers' Union and 3 others P L D 1978 Kar. 417 and Capt. (Recd.) Abdul Waf id and 2 others v. Sher Muhammad and…
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