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Industrial Dispute No. 27 of 1965, decided on 20th July 1970.

S. 5(5) read with S. 2(n)‑Industrial dispute ‑Parries‑--only workmen can bring an industrial dispute before Court‑Salesman‑Not a workman‑ Constitution of Workers' Union laying down that non‑workmen could not be its office‑bearers‑Office of General Secretary, nevertheless, held, by a salesman of company‑'Strike notice served by such General Secretary; held, not valid and Union, held, not legally constituted to raise industrial dispute.

F. A. O. No. 145 of 1965 (unreported) ref.

A. M. Qureshi for Petitioner.

A. A. Shareef for Respondent.

The General, Secretary, Union Karkunan‑e‑Brooke Bond (Pakistan) Ltd., Rawalpindi petitioner filed a petition under section .5(5) 'of the industrial Disputes Ordinance, 1959 against the Chairman, Brooke Bond (Pak.) Ltd., Karachi, respondent, raising several demands.

The respondent while resisting the petition, raised preliminary objections that the salesman employed by the respondent‑company were not workmen within the meaning of section 2(n) of the Ordinance and as such the Union was illegally constituted as many of its office‑bearers were salesmen, therefore no Industrial Dispute could be raised on their behalf under the Ordinance. The Industrial Court vide interim award dated 1‑7‑1965 overruled the objection. Aggrieved by that award the respondent went up in appeal to the high Court, which was accepted vide order dated Genera 14‑3‑1969 in F. A. O. No. 146 of 1965. The High Court held that the salesmen serving in the company were not Chair workmen within t13 "leaning of section 2(n) of the Ordinance and as such preliminary objection raised by the respondent before the Industrial Court must prevail. It was further held that no industri4l dispute concerning them could be legally raised.

In the present case some of the office‑bearers of the Chair petitioner's Union being salesmen were not workmen, the Industrial Dispute concerning them could not be legally raised.

Now the next point which requires consideration is as to whether such a Union could raise a dispute. According to clause 2(C) of the constitution of the Union no person who is a member of the managerial staff, could be a member of the Union. In clause 4 it laid down that non‑workman could not be an office‑bearer of that Union. The General Secretary of the petitioner's Union is a salesman and as such he is not a workman, as laid down by the High Court in the judgment cites above. In the present case; strike notice was served by him which. is contrary to law further we find that it is only, workmen, who can bring the dispute under the Industrial Disputes

Ordinance, 1959 and not salesmen who are not workmen. As such the petitioner's Union is not legally constituted to pursue this dispute.

In the result this petition is dismissed.

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