Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--Ss.7(2) & 22---Scope and application of S.7(2), Industrial Relations Ordinance, 1969---Application for registration of second trade union in the same establishment---Holding of any full-fledged enquiry by the Registrar of Trade Unions, before registration of such union was not expressly provided by S.7(2) of Industrial Relations Ordinance, 1969---Registrar of Trade Unions had, prima facie, found that employees who had filed affidavits were, in fact, employed in the, establishment and granted registration---Question as to whether factually the members of second trade union were employees or workers of the establishment could again be agitated by the establishment at the time of referendum for electing a Collective Bargaining Agent in terms of S.22, Industrial Relations Ordinance, 1969---If second Trade Union would not have the required number of workers as its members it would not be able to participate in the election of Collective Bargaining Agent---High Court, therefore, was justified in not interfering with the registration of second trade union in circumstances. Subsection (2) of section 7 of the Industrial Relations Ordinance, 1969 does not expressly provide for holding of an inquiry, but it lays down that a Trade Union of workmen shall not be entitled to registration under the Ordinance (a) unless all its members are workmen actually engaged or employed in the industry with which the trade union is connected; and (b) where there are two or more registered trade unions in the establishment, group of establishments or industry with which the trade union is connected, unless it has as its members not less than one-fifth of the total number of workmen employed in such establishment, group of establishments or industry, as the case may. In the present case, the establishment objected to the registration of second trade union on the ground that its members were no longer in service of establishment as their temporary employments were terminated. The objection was repelled to inasmuch as thirty affidavits were filed by the workers. The Registrar of Trade Unions, prima facie, found that they were, in fact,…

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