Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S.22(4) & (5)--Constitution of Pakistan (1973), Art. 199--Collective Bargaining Agent, determination of--Verification of list of employees and preparation of list of voters for purpose of holding secret ballot-­No particular procedure provided for enquiry to be held by Registrar Trade Unions under S.22 of the Ordinance in regard to verification of lists submitted by employer or Trade Unions--Question whether a person is or is not a workman, held, was a question of fact to be determined by Registrar himself in whatever manner he likes depending upon circumstances of each case. Mirza Muhammad Kazim for Petitioners. Nemo for Respondents. ORDER Pre-admission notice was issued to respondents No.l to 3 but none of them is present. However, I have heard Mr. Mirza Muhammad Kazim, learned counsel for the petitioners. The sole grievance of the petitioners relates to a list of workers prepared by the Registrar, Trade Unions, Sind, Karachi (respondent No.1), in connection with the referendum which is about to be held for determination of a collective bargaining agent for the workers of Hotel Holiday Inn. The contention of Mr. Mirza Muhammad Kazim, learned counsel for the petitioners is, that certain persons have been wrongly excluded from the list of workers prepared by the respondent No.1 for the purpose of taking part at the referendum as those persons are workers and eligible to cast their vote at the referendum. According to the learned counsel, the Registrar has prepared such list of workmen without holding any enquiry or verification of their names. It may be pointed out that section 22, subsection (4) of I.R.O. provides that on being required by the Registrar, every employer shall submit a list of…

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