1. ' AZIZULLAH M. MEMOM, J- 1. Leamed counsel states that he has complied with the office objections.
2. Allowed subject to all just exceptions 3&4: Respondents 1,2 and 8 have filed their respective comments against the contents of this constitution petition which are taken on record.
2. ' The petitioner has filed this constitution petition to seek the following declaration: A .Hold and declare that the impugned order dated 6-6-2005 (Ann. P/17) is illegal, without competence and nullity in the eye of law and set aside the same; B. Direct the respondent No.8 to submit the list of the Junior Executives for inclusion in the voters list; C. Direct the respondent No, l and/or his nominee to implement its earlier order dated 15-3-2005 (Ann. P/12) and proceed finalizing of the list of voters after including the names of the Junior Executives and hold the polls within 15 days of the orders by this Hon'ble Court.
3. D. Direct the respondent No, l and/or anybody as his nominee or acting on his behalf from proceedings with the holding of ballot without including the Junior Executives in the voters list; E. Grant any other additional and/or further relief which may be deemed fit and proper in the circumstances of the case."
4. ' Heard Mr. Ch. Muhammad Ashraf Khan for the petitioners and Mr. Ch. Muhammad Rashid Ahmed Advocate for respondent No.8.
5. ' Some of the remaining respondents named above are present but are not represented through their Advocates. Respondents 1, 2 and 8 have filed their comments respectively against the contents of this constitution petition.
6. ' The petitioners assert that they along with respondents 2 to 7 are Registered Trade Unions under the provisions of Industrial Relations Ordinance 2002; respondent No.8 viz. M/s Pakistan National Shipping Corporation employed the "workmen" who are serving under them, it is further asserted that on the expiry of the previous tenure of Collective have filed their comments respectively against the contents of this constitution petition.
7. ' The petitioners assert that they along with respondents 2 to 7 are Registered Trade Unions under the provisions of Industrial Relations Ordinance 2002; respondent No,8 viz. M/s Pakistan National Shipping Corporation employed the "workmen" who are serving under them, it is further asserted that on the expiry of the previous tenure of Collective Bargaining Agent due steps are being taken for the election of new CBA according to the relevant provisions of the law, and the respondent No,1 viz the Registrar of the Trade Unions initiated necessary action for such a purpose.
8. ' Petitioners assert that respondent No,8 was bound to submit complete list of the eligible voters "including the Junior Executives for preparation of votes" lists. It is alleged that respondent No,1 (viz. The Registrar of Trade Unions) went on changing the stand as to whether or not the "Junior Executives" serving under respondent No,8 come within the meaning of "worker and workmen" and also entitled to cast their respective votes in the Referendum, for the purpose of the election of the Collective Bargaining Agent.
9. ' In brief, through this constitution petition the petitioners seek a verdict to declare that the "Junior Executives" come within the meaning of "worker and workmen" and thereby eligible to cast their respective votes.
10. ' In their parawise comments, respondent No,8 have specifically asserted that the "Junior Executives" working in their establishment are part and parcel of the management of their establishment and perform managerial as well as administrative duties and do not come within the meaning of "workers and workmen" as defined under the Industrial Relations Ordinance 2002; it is further specifically pleaded that the said "Junior Executives" are members of Pakistan National Shipping Corporation Officers" Association and they are contributing/paying monthly subscription to such association; further, elections of the said association having already held on 18-4-2005, all such "Junior Executives/Officers" falling in Grades IX and XIII had actually cast their respective votes to elect the office-bearers of Pakistan National Shipping Corporation Officers" Association.
11. ' The facts and circumstances involved in this constitution petition do not require to look into the question as to whether or not the Registrar of Trade Unions competently changed his stand as to the status of the Junior Executives of respondent No,8; suffice it to say that on the face of the above quoted stand taken by the respondent No,8, it is purely a matter of evidence to arrive at a proper conclusion as to whether or not the "Junior Executives" working under respondent No,8 come within the meaning of "workers and workmen" as defined by the Industrial Relations Ordinance 2002; the disputed questions of fact can neither be entertained by this Court by means of constitution petition nor any evidence can be allowed to be adduced in support and against the same under the constitutional jurisdiction of this Court; the petitioners are duty bound to approach the proper forum constituted under the relevant provisions of law to first seek a judicial verdict on the status of "Junior Executives" working under the respondent No,8 as is being disputed; in the absence of such a competent judicial verdict regarding their status, nobody else is competent to say as to whether or not the "Junior Executives" are entitled to cast a vote/votes in the referendum to elect Collective Bargaining Agent.
12. ' Consequently, this constitution petition is maintainable which is thereby dismissed in limine Miscellaneous Applications found to be not along with listed.