Law:

Section:

Keywords: Establishment, Parties, Maintain, Order, Grievance, Collective Bargaining Agent, Interim Order, Consideration, Delay, Responsibility, Orders, Trade Union, Petitioner, Notice, Labour Court, Constitutional Petition, Receipt, Registrar Of Trade Unions, Notices, Methods, Deductions, Cause Of Action, Technicalities, Period, Minutes, Fresh Cause Of Action, Claims, Determination, Change, Resignation, Certificate, Amenable, Petition, Guarantee, Satisfaction, Objections, Place, Jurisdiction, Constitutional Jurisdiction ORDER WAJIHUDDIN, J. I have heard all the learned advocates as well as some of the parties at quite some length. On 5.9.1991, when this petition was placed before me, pre-admission notices were ordered for the respondents besides requiring the respondents Nos. 1 and 2 to submit comments. Notice of the stay application was also directed but without passing any ad-interim order. However, on the next dale of hearing, there learned Judge, seized the case, ordered that steps for holding referendum may be taken by the respondent No.1-Registrar but till 15.9.1991 he shall not fix a date for the referendum itself. On 15.9.1991, while the case was adjourned for the counter and rejoinder affidavits to be filed of today's hearing, the ad interim order of stay was not extended. 2. At the the this petition was filed and first came up, the contention from the side of the petitioner union was that it was the Collective Bargaining Agent in the Karachi Port Trust and that the prescribed period of two years under Section 22(2) of the Industrial Relations Ordinance, 1969, having expired requests were made by the respondents Nos.3 and 4-unions to hold a referendum lor determination of a fresh Collective Bargaining Agent but such moves, according to the petitioner-union, were not entertainable because the minimum, requirement of One-third membership of the worker force in the context of each of the applicant-unions, as employed in K.P.T establishment, was not satisfied. It was pointed out that, upon receipt of notice dated 23.8.1991 from the registrar, the petitioner-union had raised objections with regard to the minimum requirement of membership in the two…

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