Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22(10)---Certificate of Collective Bargaining Agent issued to Trade Union---Embargo of two years placed by S. 22(10), Industrial Relations Ordinance---Applicability and extent. The embargo of two years for the trade union to make an application for determination of Collective Bargaining Agent has been made applicable only where a registered trade union has been certified as a Collective Bargaining Agent under clause (e) of subsection (9) of section 22, Industrial Relations Ordinance, 1969,- i.e. where a trade union after a contest had received the highest number of votes and has consequently been certified as a Collective Bargaining Agent by the Registrar. No doubt, subsection (9-a) was added to section 22, by Ordinance XIX of 1974 subsequently, but if the intention was to apply the same embargo as referred to in subsection (10) to a trade union certified as Collective Bargaining Agent under subsection (9-a), a corresponding amendment would have been made by the Legislature in subsection (10) as well. Since no such amendment was made in subsection (10) of section 22, the Legislature did not intend to make the provisions of subsection (10) applicable to a trade union certified as Collective Bargaining Agent under subsection (9-a) of section 22, Industrial Relations Ordinance, 1969. Object behind subsection (10) of section 22 appears to be to prevent multiplicity of referendums and to ensure that a collective bargaining agent once determined should continue to represent the workers at least for two years, but the rule clearly appears to have been intended to apply only to a trade union certified as a collective bargaining agent after a contest. If the intention was to apply the same rule to a trade union certified as collective bargaining agent without a contest, in terms of subsection (9-a), nothing prevented the legislature from making a corresponding amendment in subsection (10) extending the provisions of the said section to such trade union also. Pioneer Steel Mills Employees Union v. Presiding Officer, Labour Court, Lahore and 4 others 1982 PLC 256; Mahmood Textile Mills Workers' Union v. The…

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