Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22---Constitution of Pakistan (1973), Art. 199---Determination of Collective Bargaining Agent through referendum---Validity---Constitutional jurisdiction---Scope---Factual controversy---Determination of respondent union as Collective Bargaining Agent through referendum, had been challenged in Constitutional petition alleging that respondent union had committed rigging, goondaism and manipulation in referendum---Allegation of rigging in holding referendum would require investigation of disputed question of fact which would necessitate taking of evidence, but same could not be done in Constitutional jurisdiction of High Court---Constitutional petition. thus was not maintainable. K.E.S.C. Progressive Workers' Union y. K.E.S.C. Labour Union 1991 SCMR 888; A.F. Ferguson & Co. v. Sindh Labour Court and another PLD 1985 SC 429; Mian Muhammad v. Government of West Pakistan 1968 SCMR 935 and Benedict F.D 'Souza v. Karachi Building Control Authority 1989 SCMR 918 ref. ORDER This is a petition under Article 199 of the Constitution of Islamic Republic of Pakistan filed by the petitioners wherein they have prayed for declaration that the respondent No. 2 Union did not secure 1/3rd votes out of total number of workmen as such the issuance of CBA certificate by the respondent No. I in favour of respondent No. 2 would be illegal, ab initio, invalid, without lawful authority and jurisdiction and repel be ordered and further the respondents Nos. 1, 2 and 10 be restrained from taking any advantage or benefit of impugned CBA certificate by posing/claiming to be the Collective Bargaining Agent and the facilities allowed to the petitioner-Union prior to 21-3-1996 be not withdrawn. The above petition has arisen out of the following brief facts. The referendum was held on 21-3-1996 for determination of Collective Bargaining Agent in respect of establishment of respondent No. 10. The petitioners have stated that the respondent No. 10 submitted a list of total number of workers as 13282 as required under subsection '(5) of section 22 of IRO, 1969 which list was received by the Trade Unions contesting the referendum but the…

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