Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 22 & 25-A---Constitution of Pakistan (1973), Art. 199---Collective Bargaining Agent---Determination of---Constitutional petition---Existence of alternate adequate remedy---Non-availing of---Maintainability of petition--­Petitioner union which existed as Collective Bargaining Agent (C.B.A.) in the establishment, after expiry of its two years term as C.BA., applied for holding fresh referendum to determine C.B.A. for next term---In previous referendum wherein petitioner union was determined C.BA., not only workers engaged in manual or clerical work were included in list of voters, but those designated as highly skilled workers in the category H.S.W: I, H.S.W.-II, H.S.W: III, were also included in the list---Such highly skilled workers which previously were included in voters' list, having been excluded by the management from voters' list, petitioner union filed application before National Industrial Relations Commission (N.I.R.C.) for a direction to management to furnish complete list of workers to Registrar, Trade Unions for purpose of holding referendum--­National Industrial Relations Commission issued directions accordingly and Registrar scheduled a joint meeting for the purpose---Prior to next date fixed for preparing schedules of referendum to be held for determination of C.B.A., N.I.R.C. modified its earlier order to the extent that names of those persons who were classified as H.S.Ws. I, II & III and were promoted from workmen to managerial cadre, should n6t be supplied to Registrar as they were not eligible to vote in referendum---Such amended order passed by N.I.R.C. was challenged in Constitutional petition---Held, in case amended order of N.I.R.C. was either ex parte illegal, or was passed without hearing petitioner union as alleged by it, only course open to it was to have again approached N.I.R.C. for recalling said order and also seeking a direction that irrespective of workers classified as H.S.Ws. I to III having been promoted to officer cadre, they were yet "workmen" and could not have been excluded from exercising their right of vote in the referendum---Petitioner union, in…

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