Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ----S.22---Constitution of Pakistan (1973), Art.199---Collective Bargaining Agent---Holding of referendum---Petitioner/Collective Bargaining Agent having expired its term raising technical objections against holding of fresh referendum and ultimately filing Constitutional petition against holding of referendum without solving technical objection---Effect---Respondent Authority was fixed with dual responsibility; on the one hand it had to ensure that once claim for holding referendum was made, time schedule of fifteen days in S.22, Industrial Relations Ordinance was faithfully observed and on the other it had been all the time in the process of examining respective claims of parties as regards memberships in the contesting unions---Respondent Authority having already tentatively formed an opinion at the outset, it conclusively reached such a decision on specified date and communicated the same to the petitioner---Respondent Authority's decision to hold referendum on specified date should bring Constitutional petition to an end because it was an order only of this kind regarding which grievance was that it had not been passed---With passing of such order objections for holding of referendum should have automatically disappeared or, alternatively such a decision itself, should have provided a fresh cause of action, if any, to initiate another petition, if warranted or even to apply for amendment in present Constitutional petition but nothing of the kind was done---Respondent Authority had brought on record minutes of joint meeting amongst unions i.e. appellant and respondent unions, whereby, voters' list was found to be in order and acceptable to all contesting unions---Respondent Authority had ex facie passed a valid order, having followed upon an enquiry involving disputed and intricate facts, not open to scrutiny in Constitutional jurisdiction, basic document for holding of a referendum being voters' list about which there was unanimity---By holding referendum in consonance with such list, democratic will of worker-force would stand vindicated---No substance having been left in the Constitutional petition same…

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