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Application No. 20 of 1972, decided on 13th May 1972.

. 49 read with Civil Procedure Code (V of 1908), O. XXXIX, r. 1‑Injunation restraining strike‑Can be issued even before commencement of strike‑Union serving strike notice yet recognised as Collective Bargaining Agent as two other Unions duly registered existed Union, in circumstances, directed to restrain from taking recourse to strike and Registrar of Trade Unions directed to determine Collective Bargaining Agent out of existing Unions within 21 days.

Mahmood Abdul Ghana for Applicant.

Fayyaz Muhammad Azad for Respondent.

The applicants have filed Application No. (171/72). Under section 34 of the I. R. O., 1969, against the respondent‑Union alleging that the respondent Union is not competent to take recourse: to the strike until they are declared collective bargaining agent. In this miscella neous application they want this Court to prohibit the strike. Mr. Fayyaz Muhammad Azad has appeared for the respondent Union in response to the notice to the Union. His contentions are as follows:-

(a) The respondent. Union is the only Union in the establishment. In any case it is the Union which was registered prior to any other Union and hence it has to be deemed to be the collective bargaining agent.

(b) Under appropriate circumstances the Court has powers to issue injunction. Section 45 of the I. R. O., 1969, is available to them and if it is held that the continuance of the strike may be prohibited, it may be done at the proper stage.

Mr. Mahmood Abdul Ghani for the applicants contends as follows :‑

(a) There are two other Unions which had been registered long before the registration of the respondent‑Union and the Management recognised one of those Unions as the collective bargaining agent and hence the respondent‑Union cannot claim to be the recognised Union.

(b) Under appropriate circumstances the Court has powers to issue injunction restraining the party from taking recourse to strike before the actual commencement of the strike.

In the circumstances of this case it appears that the determination of the collective bargaining agent is necessary. In this view of matter this Court wilt restrain the Union from taking recourse to the strike. The Registrar of the Trade Unions who is represented by Senior Clerk Mehar Illahi shall hold the referendum for the determination of the collective bargaining agent as early as possible within a period of 21 days. The Management shall supply a copy of the list of employees to the Registrar on or before 20th of May 1972. Mr. Muhammad Rafeeq, President of the Karim Silk Mills Mehnatkash Union is present in the Court. He is directed to supply the list of his members on or before the 20th of May 1972. General Secretary Abid Hussain of the respondent‑Union is also present. He is directed to apply for the referendum today to the Registrar. He shall also submit a list of his members on or before the 20th of May 1972.

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