Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-S. 22(2) Referendum, holding ofApplication forRival union in the establishment which had applied for holding Referendum in the establishment for determination of Collective Bargaining Agent did not possess required one­/third members of voters as it attached alongwith application moved for holding Referendum, list of its members containing less than onethird members of votersMandatory requirement of showing at least onethird of total number of workmen employed in establishment, alongwith application for holding Referendum, having not been fulfilled, Registrar of Trade Unions had no jurisdiction to entertain application moved by rival union for holding Referendum and to proceed on same to hold referendumProceedings of referendum were declared illegal, in circumstances. Treasurer of Charitable Endowments for Pakistan v Central Board of Revenue, Islamabad and others PLD 1981 Kar. 357; Trustees of the Port of Karachi v. Muhammad Saleem 1994 SCMR 2213; M/s. Premier Mercantiie Services (Pvt.) Limited, Karachi and 6 others v. The Registrar of Trade Unions Sindh, Karachi and 2 others 1993 PLC 312; The United Bank Limited Labour Union v. Registrar of Trade Unions, Government of Sindh and 3 others 1992 PLC 78; Utility Stores Corporation of Pakistan Limited v. Punjab Labour Appellate Tribunal and others PLD 1987 SC 447; Ghulam MohiudDin v. Chief Settlement Commissioner PLD 1964 SC 829; Yasin Khan and another Settlement and Rehabilitation. Commissioner PLD 1967 Kar. 295 and Haji Muhammad Asghar v Malik Shah Muhammad Awan and another PLD 1986 SC 542 ref. H.L. Shahani and Bhajandas for Petitioner. M.A. Rashid for Respondents. Date of hearing: 20th June, 1996 JUDGMENT This petition is directed against the proceedings of referendum held on 551995 seeking declaration that the proceedings were not warranted under the law and that the jurisdictional requirements were not satisfied, as such were nullity and liable to be quashed and be further directed not to give effect to the said referendum and issue certificate of Collective Bargaining Agent to respondent No.3 (UBL Workers Front, Sukkur Zone). The relevant facts of the petition are…

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