Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-----S.22 (5)--Interpretation of S.22. 1f trade union having received the highest number of votes has to demonstrate that the number of votes secured by it in the secret ballot is not less than one-third of the total number of workmen employed in the Establishment, there is no escape from the conclusion that there can be no other list of voters other than the one aforesaid. This interpretation flows from the language of section 22 of the Ordinance itself, if read as a whole. Any other interpretation that the date in relation to which the trade union is to demonstrate itself membership of not less than one-third of the total number of workmen is to be one day earlier than the poll would be open to great mischief, for the employer would then be able to frustrate or defeat every successful trade union from being declared as the Collective Bargaining Agent by hiring temporary workers or apprentices just before the date of poll. In that situation, the will of the employer will surely defeat the will of the voters. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.22(5)--Collective Bargaining Agent, declaration of--Trade Union successfully secured requisite number of votes of not being less than one-third of the total number of workmen employed on a day earlier to the poll--Deputy Registrar Trade Union could declare the Trade Union as duly elected and certify it to be the Collective Bargaining Agent. ORDER ABDUL KADIR SHAIKH, J.--This case pertains to the election of Collective Bargaining Agent (C.BA.) of Karachi Electric Supply Corporation Limited, respondent 5 (hereinafter to be referred for the sake of brevity as "Establishment") which has four Unions namely: (1) K.E.S.C. Democratic Mazdoor Union (hereinafter to be referred as petitioner). (2) K.E.S.C. Labour Union (hereinafter to be referred as respondent 3). (3) K.E.S.C. Progressive Workers Union (hereinafter to be referred as respondent 4). (4) National Association of Power K.E.S.C. Employees Union (hereinafter to be referred as respondent 6). Out of these four unions, respondent 4 union made an application, dated 15-12-1985 to National Industrial…

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