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 petition 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 aero plane, has won the referendum for Collective Bargaining Agent (C.B.A.) 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 (NIRC). 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 certificate 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. However, he states that as a gesture of good will, 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.
5. ' In such circumstances, and by consent of the parties present, it is ordered that the respondent No,2 shall decide the application regarding change of office-bearers of the union by 31st August, 2008 and till that date the present office- bearers from whom Messrs Abdul Saleem Sarhadi, Sr. Vice President, Nazeer Ahmed Memon, Deputy Secretary General, M. Abbas, Member Central Executive Committee, and Aslam Mumtaz, General Secretary Headquarters, are present in Court, shall not give Charter of Demands to the management. However, the concerned authority shall be free to issue certificate of C.B.A. To the successful union. The respondent No,2 shall ensure that the application regarding change of office-bearers is decided by 31st August, 2008, even by antedating the hearing.
6. ' The petition is disposed of in the above terms along with the listed applications.