Find a Lawyer

Application No. 12 of 1971, decided on 22nd May 1971.

S. 52 read with Civil Procedure Code (V of 1908), rr. 1 & 2 ‑ Collective bargaining agent‑Workers' Union already in existence recognized by employer for 20 years‑Second Workers' Union registered recently serving strike notice‑Such Union, unless ascertained as recognised collective bargaining agent, held, cannot serve strike notice‑‑Temporary injunction restraining such Union from proceeding on strike, in circumstances, granted.

Mahmood Abdul Ghani for Applicants.

Abdul Hameed, General Secretary for Respondents.

Karachi Cotton Association Ltd. is registered under the Companies Act. The Karachi Warehouse and Transport Workers' Union which is registered with the Registrar of Trade Unions, Karachi for more than 20 year is recognised by them as the bargaining, Union. Responders Karachi Cotton Warehouse Workers' Union has been registered recently. They have served a notice of strike on the' Karachi, Cotton Association and its affiliated members under section 26 of the Industrial Relations Ordinance, 1969.

Through this application Mr. Mahmood Abdul Ghani appear ing for the applicants wants me to restrain the Karachi Cotton Warehouse Workers' Union from proceeding on strike. A notice of this application was sent to the respondents. Abdul Hameed who claims to be the General Secretary of this Union appeared with Mr. Obaidur Rahman. Mr. Obaidur Rehman is an Advocate and, therefore, he could appear in this Court only with the permission of this Court. He was asked to indicate the grounds on which the Court may permit him to appear. He refused to give any ground and, therefore, his application for permission to appear was rejected. Abdul Hameed then applies for time. This Court was prepared to allow him time provided he gave in writing that the proposed strike of 27th May was postponed or otherwise this application will become infructuouy The General Secretary refused to give in writing to do so.

The short contention raised by Mr. Mahmood Abdul Ghani is that the respondent‑Union is not a collective bargaining agent and in the presence of the old Union which has been recognise by the Management for the purpose of bargaining, the respondent‑Union cannot serve any notice of strike. To support thx contention he refers to section 52 of the Ordinance, which read as under:

"Any act or function which is by this Ordinance require to be performed by or has been conferred upon a collective bargaining agent may, until a collective bargaining agent has been ascertained under the provisions of this Ordinance, be performed by a registered‑union which has been recognised by the employer or employers."

Prima facie, therefore, the contention of Mr. Ghani that the respondent‑Union cannot serve a notice of strike is correct I will, therefore, issue temporary injunction against the respondent Karachi Cotton Warehouse Workers' Union restraining then from proceeding of the proposed strike from 27‑5‑1971 till the decision of the applications preferred by the applicants undo section 34 of the Ordinance.

A copy of this Order shall be sent to the Conciliator of the plea who will not proceed with the conciliation proceedings with the respondent‑Union till further orders.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.