Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S. 22--Referendum for determining Collective Bargaining Agent--Failure to submit list of members by union--Effect--Non-submission of list of members to Registrar by contesting union, held, would not debar that union from taking part in referendum--Only effect of failure of a trade union to submit list of its members to Registrar, when it had signified its desire to contest secret ballots, held further, would be that it could not raise any objection to list which might be prepared by Registrar under section 22(5), Industrial Relations Ordinance, 1969, on basis of lists received by him from contesting Trade Unions and employers. Riaz Hussain Baloch for Petitioner. Dates of hearing: 15th and 25th May, 1987. JUDGMENT The petitioner which is one of the registered Trade Unions of Muhammad Farooq Textile Mills, has challenged the referendum proceedings held by respondent No.1 on 21-3-1987 as a result thereof respondent No.2 has been declared as the C.B.A. in respect of the establishment known as Muhammad Farooq Textile Mills Ltd. Prior to the holding of referendum petitioner was acting as the C.B.A. of Messrs Farooq Textile Mills Ltd., under a certificate issued in its favour under section 22(1) of the I.R.O. by respondent No.1 on 2-5-1985. Respondent No.2 which obtained its registration as a Trade Union of Messrs Farooq Textile Mills Ltd. applied to respondent No.1 on 19-2-1987 to hold referendum for determining the C.B.A. of Messrs Muhammad Farooq. Textile Mills Ltd. Respondent No.1 on the above application of respondent No.2 issue notices to all the registered Trade Unions including the petitioner and fixed a joint meeting for the purposes of taking further steps on the application of respondent No.2 on 25-2-1987. In the meeting held on 25-2-1987, the petitioner expressed his desire to contest the proposed referendum and requested respondent No.1 for time to submit a list of its members which was agreed to and accordingly the date for joint meeting was fixed on 5-3-1987. The petitioner, however, instead of attending the above joint meeting sent a letter dated 4-3-1987 requesting for extension of time upto…

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