Case Details

Citation(s)
1992 SLG 902 1992 SLD 902 1992 PLC 647
Sindh High Court
Constitutional Petition No. D-35 of 1992, decided on 25th January, 1992.
NASIR ASLAM ZAHID, ACTG. C.J. AND MUKHTAR AHMED, JUNEJO, J

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MUHAMMAD YOUNUS SIDDIQUI

VS

MUHAMMAD YOUNUS SIDDIQUI vs

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22(2)---Constitution of Pakistan (1973), Art. 199---Individual worker's locus standi to challenge certification of Trade Union as Collective Bargaining Agent---Petitioner claimed that Trade Union concerned had never applied to be certified as Collective Bargaining Agent and that referendum conducted on specified date was illegal, for registration of former Trade Union was cancelled during referendum proceedings---Cancellation of registration of former trade union was never challenged either by that trade union or by any of its office-bearers---Petitioner was no body to challenge such cancellation as he had not shown if he was holding any position in former union---Similarly registration of existing trade union was not challenged by any body including petitioner at appropriate time---Petitioner, thus, had no locus standi to seek relief sought in. Constitutional-petition. Salahuddin Khan Gandapur for Petitioner. Nemo for Respondents. Date of hearing: 16th January, 1992. JUDGMENT MUKHTAR AHMED JUNEJO, J.---Petitioner Muhammad Younus Siddiqui has invoked Constitutional jurisdiction of this Court against an order dated 5-9-1991 passed by the respondent No. 1 in Appeal No. 12(73)/91. According to the petition, respondent No. 3 Sui Southern Gas Workers Union was registered with the Registrar, N.I.R.C. (respondent No. 5) under Registration No. 19/85 as a trade union for the workers of respondent No. 2. On 4-2-1990 respondent No. 3 union applied to the respondent No. 5 for being certified under clause (e) of subsection (9) of section 22 of the Industrial Relations Ordinance (hereafter mentioned as I.R.O.) as Collective Bargaining Agent (hereafter mentioned as CBA) for the establishment of the respondent No. 2. Such application of the respondent No. 3 was entertained in Case No.2(10)/90. Since there were more than one registered trade unions in the establishment of respondent No. 2, the respondent No.5 was required to hold a secret ballot (referendum) in pursuance of the provisions contained in. subsection (2) of section 22 of I.R.O. for determining as to which one of the trade unions, of the establishment ofโ€ฆ
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