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Civil Miscellaneous No. 2025 of 1983 in Writ Petition No. 2412 of 1983, decided on 22nd February, 1984.

‑‑ Ss. 22 (2) & 38 (3‑a)‑Determination of Collective Bargaining Agent‑Powers of Labour Appellate Tribunal‑Tribunal in exercise of revision powers passing interlocutory injunction restraining Registrar from holding referendum till decision of revision pro ceedings‑Order of Appellate Tribunal challenged in constitutional petition before High Court on grounds (1) Appellate Tribunal having very limited jurisdiction had no jurisdiction to stay holding of referendum by Registrar and (2) no injunction could be granted against Registrar restraining him from performing statutory functions under S. 22 (2)‑.Impugned interlocutory injunctive order of Labour Appellate Tribunal, in circumstances, modified by High Court to extent that Registrar may hold referendum but shall not announce result pending decision of revision proceedings before Appellate Tribunal Constitutional jurisdiction‑Provisional Constitution Order (P. O. 1 of 1981), Art. 9.

National Bank of Pakistan Employees Union 4v. Chairman, Punjab

Labour Court 1983 P L C 1256 ref.

Muhammad Asghar Malik for Petitioner.

Nemo for respondents Nos. 1, 2 and 4.

The Petitioner (Habib Bank Workers Union Lahore) by means of Writ Petition No. 2412 of 1983 has challenged the order, dated 25th March, 1983 of the learned Punjab Labour Appellate Tribunal, Lahore whereby a revision petition against order, dated 12th February, 1983 of the Punjab Labour Court No. 2, Lahore was entertained and injunction was granted against the respondent No. 3 from holding referendum till the decision of the Revision Petition.

2. The writ petition was admitted to regular hearing by this Court on 5th July, 1983 and notice was issued regarding interim relief prayed for in the petition.

3. None has appeared on behalf of the respondents Nos. 1, 2 and 4 to oppose this petition.

4. The contention of the learned counsel for the petitioner is that Punjab Labour Appellate Tribunal has no jurisdiction to stay the holding of referendum by the Registrar, Trade Unions as the former has very limited jurisdiction. Reliance was placed on National Bank of Pakistan Employees Union v. Chairman, Punjab Labour Court (1983 P L C 1256).

5. It was further submitted that no injunction could be granted against the Registrar, Trade Unions from performing his statutory functions. Section 22 (2) of the Industrial Relations Ordinance, 1969 reads: --‑

"Where there are more registered Trade Unions than one in an estab lishment or a group of establishment, the Registrar, shall upon an application made in this behalf by any such Trade Union which has as its members not less than one‑third of the total number of workmen employed in such establishment or group of establish ments or by the employer (or the Government) hold (within fifteen days from the making of the application) a secret ballot to determine as to which one of such Trade Unions shall be the Collective Bargaining Agent for the establishment or group."

6. The representative of the Registrar present in Court stated that the respondent No. 3 had already prepared the lists of worker members for holding referendum as envisaged under section 22 (2) of the Industrial Relations Ordinance, 1969 since the application was filed by the petitioner. The referendum, however, could not be held on account of injunction issued by the learned Punjab Labour Appellate Tribunal, Lahore.

7. After hearing learned counsel for the petitioner and the repre sentative of the respondent No. 3 the order of injunction granted by the respondent No.1 vide impugned order, dated 25th May, 1983 is modified in the manner that the respondent No. 3 may hold a secret ballot for the determination of Collective Bargaining Agent, for the establishment but shall not announce the result pending decision of the revision petition before the Punjab Labour Appellate Tribunal.

Subject to the observation made above this petition is disposed of.

A. E.

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