Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22(2)---Application for holding referendum---Applicant being one of the registered trade unions in the establishment filed application for holding referendum for determination of Collective Bargaining Agent---Applicant having failed to establish that it had at least 1/3rd membership of the total strength of the workmen which was the condition precedent for holding referendum, its application for holding referendum thus, was rightly dismissed. JUDGMENT The petitioner is a Trade Union registered in the name of Employees ,Union and is aggrieved of order, dated 19-1-1995, of Registrar Trade Unions, Bahawalpur Region, Bahawalpur, respondent No. 1 whereby the petitioner's application for holding referendum has been rejected. 2. I have heard the learned counsel for the parties at length and have also gone through the reply submitted on behalf of the Registrar, Trade Unions, Bahawalpur Region, Bahawalpur. 3. The facts in brief are that the petitioner-Trade Union was constituted it. 1976 and was registered in the same year vide registered Certificate No. 501, dated 9-2-1976 issued by respondent No. 1 and on the application of the petitioner in 1976, under section 22 of Industrial Relations Ordinance, 1969 for holding a referendum, the Registrar Trade Union certified the petitioner/union as Collective Bargaining Agent under section 22(1) of the Industrial Relations Ordinance, 1969 as it was the only Trade Union in the establishment i.e. Adam Sugar Mills Ltd., Chishtian and the petitioner remained as Collective Bargaining Agent till 1985. In 1985 on the application, of the Mazdoor Ittfaq Union/respondent No. 2 for holding of referendum, elections were held in which respondent No. 2 came out as winner and under the law respondent No. 2 was certified as Collective Bargaining Agent from 1985 to 1987. In 1987, on winning the elections, the petitioner-union was certified as Collective Bargaining Agent from 1987 to 1989 and then again it was declared as Collective Bargaining Agent by respondent No. 1 from 1989 to 1991. In 1992 respondent No. 2 won the election and was declared as Collective Bargaining Agent from 1992 to…

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