Law:

Section:

(a) Industrial Relations Ordinance (XCI of 2002)-------Ss. 2(xxix), 14, 18, 20, 49(4)(c) & 80---Status of Federation of workers as Trade Union and protection to Federation already registered under Industrial Relations Ordinance, 1969---While implementing Industrial Relations Ordinance promulgated in 2002, legislature under S.80 of newly promulgated Ordinance had given protection to Federation of Workers already registered under Industrial Relations Ordinance, 1969---Law would not stop there as it was clearly provided under S.14(1) of Industrial Relations Ordinance, 2002 that a Trade Union was a body corporate and had got perpetual succession---Till date the registration of Federation of Workers with National Industrial Relations Commission, was intact and had not been cancelled---Provisions of S.18 of Industrial Relations Ordinance, 2002, in the present dispensation had also upheld the concept of Federation of Workers, which had provided that any two or more registered Trade Unions belonging to an industry, could constitute an Industry-wise Federation--Provisions of S.49(4)(c) of Industrial Relations Ordinance, 2002 had mandated to National Industrial Relations Commission to determine a Collective Bargaining Agent in any establishment having Federation of Trade Unions and in that back-ground, Federation of Workers, could not be restrained to participate in the referendum which was its legal right---Rights which accrued to the Federation of Workers, under the law could not be interfered with, unless and until registration thereof was cancelled. (b) Industrial Relations Ordinance (XCI of 2002)--- ----Ss. 2(xxix), 6(2)(b), 20(3)(b), 49(4)(a)(b)(c) & 54---Right of Federation of Workers, to participate and contest referendum---Petition before National Industrial Relations Commission---Registrar, in case of referendum would also call upon the Federation of Workers to submit the list of the affiliated Trade Unions together with the list of members of such Trade Unions for the smooth conduct of referendum---Federation of Workers under the present dispensations, had not been debarred from participating in the referendum---Contention of counsel for petitioner…

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