1. Mr. Sanaullah Noor Ghouri, Advocate has filed his Vakalatnama on behalf of respondent No. 3, which 'is taken on record. He has also filed statement on behalf.'of respondent No. 3 that Referendum has been held and in such circumstances the petitioner has become infructuous.
2. The parties as well as their learned counsel present in the Court state that Union of Civil Aviation Employees, represented by the office bearers of Chaudhry Sanaullah Zia Group, under the symbol of aeroplane, has won the Referendum for Collective .Bargaining Agent (CBA) held on 5.8.2008.
3. The case of Zaheeruddin Babar and others is that Chaudhry Sanaullah Zia and other members of his group, including Abdul Saleem Sarhadi, are not the true representative of the Union and their application for change of office bearers is pending before the respondent No. 2 (N.I.R.C.). Mr. Gohar Iqbal, representing Zaheeruddin Babar, contends that the respondent No. 2 may be directed to decide the application without further loss of time and till that certified of C.B.A. May not be issued in favour of the Union or alternatively Chaudhry Sanaullah Zia and other office bearers of the Union should not give the Charter of Demands to the management.
4. Mr. Abdul Saleem Sarhadi, Senior Vice President of the Union, contends that the union, having won the Referendum, has the right to have the certificate of C.B.A.
5. However, he states that as a gesture of goodwill, they shall not submit the Charter of Demands to the management till the decision of the N.I.R.C. On the application regarding change of office bearers of the union, provided. The application is decided by the end of this month.
6. The petition is disposed of in the above-terms alongwith the listed applications.