Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 34 & 38(3-a)---Interim injunction restraining elected Labour Union from functioning as Collective Bargaining Agent---Validity---Elections in only labour union in the establishment were held and same were submitted to Registrar of Trade Unions for approval and for about half a year elected labour union remained in operation, when Labour Court on applications filed by employer under S.34 of Industrial Relations Ordinance, 1969, restrained elected union from functioning as Collective Bargaining Agent by its order passed after about six months from election of Labour Union---Documents produced on record had proved that after election of union, the employer and elected labour union nominated their representatives as members of Fair Price Shop Committee members of Works Council and to decide such other matters and employer also provided official transport to elected office-bearers of labour union---Such action would operate as estoppel against subsequent posture adopted by employer after about six months of election by assailing validity of status of elected labour union as Collective Bargaining Agent--­Registrar of Trade Unions before whom election of Labour Union was submitted for approval, neither having cancelled election nor having disapproved office-bearers of elected union, Labour Court could not issue interim injunction restraining office-bearers of elected Labour Union from performing their functions---Appellate Tribunal accepting revision, set aside order of Labour Court, with direction to finalise hearing of application of employer filed under S.34 of Industrial Relations Ordinance, 1969 up to specified date. 1990 PLC 296 ref. M.A. Javed for Petitioners. Muhammad Arshad, Representative of Respondent No. 1. Zafar Ali Chaudhary, Representative of Respondent No.2. JUDGMENT Subject-matter of present revision petition is the order dated 23-5-1998, having been rendered by the learned Labour Court, Sargodha (camping at Jhang), while dealing with the petition under section 34, Industrial Relations Ordinance, 1969, filed by the Pak American Fertilizers Limited, Iskanderabad, District Mianwali, against the…

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