Case Details

Citation(s)
1993 SLG 1401 1993 SLD 1401 1993 PLC 581
Sindh High Court
C.P. No. D-2556 of 1992, decided on 21st January, 1993.
SYED HAIDER ALI PIRZADA AND SYED KHURSHEED HYDER RIZVI, JJ

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PIASI UNION through Secretary-General, P.I.A.

VS

REGISTRAR, INDUSTRYWISE TRADE UNIONS and 4 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22---Constitution of Pakistan (1973), Art. 199---Collective Bargaining Agent---Determination of---Constitutional petition ---Maintainability--­Registrar, Trade Unions, who was duty bound under law to supply copy of list of voters at least four days before commencement of polls for referendum to contesting trade unions, had failed to do that, but despite such departure of Registrar from provision of law, contesting trade unions participated in referendum without raising any objection in that respect---Even on date of referendum, trade unions had not raised any objection that addition of names of voters in voters' list had been made and that four days before commencement of polls copy of voters' list had not been supplied to them as required under law--No prayer was also made by contesting trade unions for holding polls afresh---Such objections not raised earlier, could not be allowed to be raised at later stage in Constitutional jurisdiction of High Court---Even otherwise petitioner-trade union having failed to avail remedy of appeal which was available to it under law, was not entitled to invoke Constitutional jurisdiction of High Court. 1991 SCMR 888 and PLD 1978 Kar. 417 ref. Ibadat Yar Khan and Shamsuddin Khalid Ahmed for Petitioner. Ch. Rashid Ahmad, Muhammad Muzaffarul Haque, Muhammad Akram Zubairi, Ch. Muhammad Ashraf and M. Taimuri Bashir Ansari for Respondents. Dates of hearing: 23rd, 24th and 25th November, 1992. JUDGMENT SYED KHURSHEED HYDER RIZVI., J.---On the applications under section 22(2) of the Industrial Relations Ordinance, 1969 (hereinafter referred to as `the Ordinance') moved by three unions namely, Peoples Unity of PIA Employees, PIAC Employees Union (Mushahidullah Group) and PIASI Union a secret ballot in all the establishments of Pakistan International Airlines throughout Pakistan was held for cabin crew staff from 17-8-1992 to 27-8-1992 and for the ground staff on 27-8-1992. Out of 11,141 voters 10,177 voters exercised their right of franchise. Each union secured the votes as mentioned below:-- (1) Peoples Unity of PIA Employees,,,,,,,,,,..3,774 (2) PIAC Employees' Union…
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