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Petition No. QSA‑245 of 1984, decided on 29th October, 1984.
‑‑‑S.38(5)‑‑Contempt proceedings‑‑Employees declared by Labour Court and Appellate Tribunal as work‑charged‑‑Such employees applying to Registrar for registration of their union and Registrar registering their Union and holding referendum between such Union and an existing Union‑‑Plea in contempt proceeding that Registrar did not act upon orders of Appellate Tribunal though copy thereof placed before him‑ Neither copy of application of union for registration nor that of order of registration nor of registration certificate brought with petition for contempt proceedings‑‑Result of referendum not disclosed and rival Union not moving for contempt‑‑In‑ absence of such documents, it be said if any contempt of Court committed by any respondent‑‑Petition in circumstances, filed.
Abdur Rashid Randhawa for Petitioner.
Date of hearing: 29th October, 1989.
This is a petition under section 38 (5) of the Industrial Relations Ordinance, 1969 for proceeding against the respondents for contempt of Court. The facts are that respondents Nos.1 to 40 were declared by the learned Labour Court and this Tribunal as work‑charged employees and not permanent employees of the petitioner but they applied to the Registrar, respondent No.41, for the registration of the union. The Registrar registered the union and held referendum between the said union and an already existing union for the election of C.B.A. It is said that the copy of the order of this Tribunal was placed before the Registrar but he did not act upon it. No copy of the application for registration of union and no copy of the order of registration of the union of the respondents Nos.1 to 40, nor any copy of registration certificate has been brought with the petition. It is not disclosed which A of the two unions won the referendum. The rival union has not moved for contempt. On account of want of documents mentioned above, it cannot be said at this stage if any contempt of Court has been committed by any of the respondents. The petition, therefore, is filed.
A. E.
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