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Revision No. LHR‑280 of 1985, decided on 22nd September, 1985.

‑‑‑Ss. 8(7) & 38(3‑a)‑‑Election of office‑bearers of trade union‑‑No -confidence motion against office‑bearers passed‑‑Annual elections, held thereafter‑‑Legality of annual election not challenged‑‑Application for direction to Registrar to hold election dismissed by Labour Court‑‑Order of Labour Court in circumstances, upheld by appellate Tribunal in revision.

M.A. Hamid Awan for Petitioner.

Date of hearing: 17th September, 1985.

The order, dated 30‑7‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore is reported to be of no legal effect whereby the petition of the petitioner under section 8(7) of Industrial Relations Ordinance, 1969 for direction to the Registrar to hold elections of office‑bearers was dismissed.

2. The facts are that no‑confidence motion was set up against respondents Nos. 2 to 9 which was passed but the Registrar did not approve the same Thereafter, annual election was held on 25‑5‑1985 in which respondents Nos. 2 to 9 failed. The contention of the petitioner that the election of 25‑5‑1985 was not valid has not been accepted by the learned lower Court. Since annual election have been held there is no need to hold fresh election unless it is held that the said annual election was illegal. Since nobody has challenged so far the legality of the annual elections held on 25‑5‑1985 there is no occasion to say that they were illegal nor fresh elections can be ordered. The petitioner A has achieved his object since in the annual elections respondents Nos. 2 to 9 against whom no‑confidence motion was set up have failed. The petition of the petitioner was thus rightly disallowed by the learned lower Court.

3. As a result the revision fails and is dismissed in limine.

A.E.

Revision dismissed.

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