Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ----Ss. 5 to 10, 22, 22-A & 22-EE---Registration of Trade Union as Collective Bargaining Agent (C.BA.)---Petitioner-Union, which was being constantly elected as Collective Bargaining Agent (C.BA.) in establishment concerned last 8 years through referendum, was last elected C.B.A. for two years term in referendum in 1990---Some of office-bearers of respondent-Union which was defeated in that referendum, set up an industry-wise trade union and got it registered with Registrar of Industry-wise Trade Unions despite same was not qualified to be registered as the Union had no requisite number of members--­Respondent-Union not only was registered, but also was declared as Collective Bargaining Agent over head of petitioner-Union which had earlier duly obtained C.BA. Certificate in a hotly contested referendum---Petitioner-Union challenged C.BA, Certificate of respondent-Union by filing Constitutional petition which was disposed of by consent order whereby C.BA. Certificate of respondent-Union was declared null and void and case was sent to National Industrial Relations Commission (N.I.R.C.) to be decided afresh after hearing parties---Commission by its majority decision declared registration of respondent-Union and its C.BA. Certificate as valid while registration and C.BA. Certificate of petitioner-Union was declared void---Petitioner-Union challenged majority view of N.I.R.C. befoRe High Court and prayed for declaration that its C.BA. Certificate continued to subsist and was effective-Powers of N.I.R.C. under S. 22-A of Ordinance for registration of industry-­wise trade unions were just as powers of Registrar of Trade Unions under Ss.5, 6& 7 of Ordinance in respect of registration of a local union in establishment---Both sets of provisions were independent of each other and none of them was capable of rendering action taken under other as redundant---After election of petitioner-Union in referendum as C.BA. in establishment for a period of two years, an industry-wise trade union could be registered, but it could not claim status of Collective Bargaining Agent (C.B.A.) merely on basis of its…

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