Case Details

Citation(s)
1984 SLG 1527 1984 SLD 1527 1984 PLC 921
Labour Appellate Tribunal, Punjab
Petition No. LHR-146 of 1982, decided on 9th July, 1983.
MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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ZONAL WORKERS UNION IRRIGATION, LAHORE

VS

IRRIGATION EMPLOYEES UNION AND ANOTHER

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 8 (7) & 22 (1), (2)-C. B. A. certificate, issuance of ­Rival union existing-Labour Court on application of one Union under S. 8 (7) without notice to other Union directing Registrar to issue C.B.A. certificate-Section 8 (7) deals only with change of office­ bearers and case, held, governed by S. 22 (2) which required holding of referendum-Order of Labour Court, in circumstances. set aside by Appellate Tribunal under suo motu revision jurisdiction -Industrial Relations Ordinance (XXIII of 1969), S. 38 (3-a). H. R. Haider for Petitioner. Muhammad Shafi for Respondent No. 1. Khurshid Alam for Respondent No. 2. Date of hearing : 4th July, 1983. JUDGMENT This revision is directed against the order, dated 13th April, 1982 passed by the learned Presiding Officer, Punjab Labour Court No 3, Lahore at Ferozewala, whereby direction was given to the Registrar to issue C. B. A. Certificate to respondent No. 1 union on its application made under section 8 (7) of the Industrial Relations Ordinance, 1969. The petitioner union which claims to be C. B. A. was not impleaded as a party. 2. It has been argued by the learned counsel for the petitioner that no direction to-issue C. B. A. Certificate can be issued to the Registrar under section 8 (7) that respondent No. 1 union not being the only union as the petitioner union existed, so without referendum no C. B. A. Certi­ficate could be issued ; that the petitioner union being C. B. A. no question of declaring any other union as C. B. A. could arise and that Labour Court, Ferozewala had no jurisdiction. 3. In reply…
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