| Citation(s) |
|---|
| 1993 SLG 1454 1993 SLD 1454 1993 PLC 706 |
Lahore High Court
W.P. No. 1241 of 1991/BWP, decided on 2nd November, 1991.
SH. KHIZAR HAYAT, J
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W.P. No. 1241 of 1991/BWP, decided on 2nd November, 1991.
SH. KHIZAR HAYAT, J
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WORKERS ITTEHAD UNION (REED.) PUNJAB SEED CORPORATION
VS
REGISTRAR, TRADE UNIONS and others
Law:
Section:
(a) Industrial Relations Ordinance (RXIII of 1969)--- ----S. 22(13)---Referendum---Referendum held for determining Collective Bargaining Agent (C.BA.) among rival Trade Unions in Establishment was challenged on ground that same was against statutory provisions as it was held by Assistant Registrar, whereas it was the Registrar who had authority to hold such a referendum---Referendum held by Assistant Registrar as delegatee of Registrar, could not be challenged as Registrar could authorise in writing any officer to perform all or any of his functions. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22---Referendum---Referendum held for determining Collective Bargaining Agent (C.BA.) among rival Trade Unions in Establishment was challenged on ground that voters' list was not delivered to each contestant four days before polling day---Rule requiring delivery of voters' list four days before polling day being directory in nature, its non-compliance would not affect entire process of referendum, particularly when objector participated in referendum without raising any objection against referendum proceedings. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22(4)(b), proviso---Referendum held in Establishment for determining Collective Bargaining Agent (C.BA.) was challenged on ground that some employees with less than three months' period of employment; were given right of vote---Period of employment of those employees after computing their previous period of employment in Establishment which was a seasonal factory, came to be more than three months---Such employees, in circumstances, were rightly granted right to vote. Masood Ashraf Sheikh for Petitioner. ORDER Three unions of workers, namely, Workers Ittehad Union (Registered), hereinafter called the petitioner; Progressive Field Workers Union (Registered), hereinafter called respondent No. 5; and Workers Union, hereinafter called respondent No. 6 enrolled as their members from amongst the workers employed in the Punjab Seed Corporation, Rahimyarkhan Centre, hereinafter called the Establishment. The petitioner was Collective Bargaining Agent of the establishment from 29-8-1989 toβ¦
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