Law:

Section:

Keywords: Freedom Of Association, Federation, Provisions, Orders, Maintain, Prejudice, Petitioner, Associations, Objections, Double Membership, Writ Jurisdiction, Establishment, Registered, Claims, Subscription, Exclusive Jurisdiction, Parties, Locus Standi, Contravention, Proceedings, Petition, Costs, Registrar Of Trade Unions, Collective Bargaining Agent, Grounds, Province, Finance, Division, Notice, Right To Establish, Disposal, Order, Certificate, Jurisdiction, Payment, Trade Union, Counter Affidavit, Disclose, Impugned Order, Commission JUDGMENT M. HUSSAIN ADIL KHATRI, J. - The Petitioner is industry wise Trade Union of the Workmen employed by National Development Finance Corporation, the Respondent No.4, herein and is registered with the National Industrial Relations Commission since 28-11-1977. Respondent No.3, is also registered likewise. On the joint application of the Petitioner and Respondent No.3, referendum was held on 16-3-1989, wherein the Petitioner was declared as elected Collective Bargaining Agent for the workmen employed by Respondent No.4. It is the case of the Petitioner that the total number employed by Respondent No.4 is 335 out of whom 298 workmen are the members of the Petitioner Union. Out of the total number employed by Respondent No.4, in Karachi Zone, is 209 out of which 175 are the members of the Petitioner Union. The subscription is paid by the members of the Petitioner Union through deduction from their salaries under Section 23 of the Industrial Relations Ordinance which system is known as check of system and will be referred to hereinafter as such. The Respondent No.2, was formed as a Trade Union of the Workers of Respondent No.4, employed at Karachi only and made an application to the Respondent No.1, the Registrar of Trade Unions for the Province of Sind for its registration as such Trade Union. The Petitioner by its letter dated 18-11-1989 raised objection to the registration of Respondent No.2 on the following grounds:- (a) Respondent No.2 neither had, nor it could have 20% of the total number of workmen employed by Respondent No.4 as its members which is the mandatory requirement of Section 7(2) of the Ordinance. (b) Out…

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