Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.22, 34 & 37 Referendum for determination of Collective Bargaining Agent Referendum proceedings were objected to on ground that requirements of S.22 of Industrial Relations Ordinance, 1969 for fulfilment of 1/3rd majority by contesting union had not been proved Enquiry was held by Authority concerned in a proper way on direction of Labour Court, statements were recorded properly of all workers produced by Trade Union which had filed application for holding referendum, names and other particulars of said workers were mentioned in their respective statements Every worker's statement was recorded separately and got it signed by him Statements of seventy six workers out of one hundred and three, who were members of said union were recorded by Authority and said seventy six workers constituted statutorily required number of 1/3rd of a contesting union Application filed by rival union under S.34 of Industrial Relations Ordinance, 1969 disputing referendum proceedings, had rightly been dismissed by Labour Court Order of Labour Court could not be interfered with by Labour Appellate Tribunal in appeal filed under S.37 of said Ordinance. JUDGMENT This is an appeal under section 37 of the Industrial Relations Ordinance, 1969, against the order, dated 27 5 1999, passed by the learned Labour Court No.VI at Hyderabad, in Application No.69 of 1998 under section 34 of the LR.O., 1969. 2. I have head Mr: Fasahat H. Rizvi, learned counsel for the appellant, Mr. Muhammad Buksh Joyo, Assistant Director Labour (Trade Unions) for respondent No.1 and Rana Mehmood Ali Khan,. Representative of respondent No.2. 3. Mr: Fasahat Hussain Rizvi, learned counsel for the appellant submits that the requirements of section 22 of the I.R.O., 1969 for fulfilment of 1/3rd majority by the contesting union for determination of the Collective Bargaining Agent, has not been proved. No doubt the Assistant Director Labour, in accordance with the direction of the trial Court, upon a joint statement of the parties, had held an enquiry and thereby made a report that 1/3rd majority was proved, but the said report merits no consideration on the grounds,…

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