' The P. U. T. C. Labour Union and the P. U. T. C. Workers' Union Rawalpindi have both submitted this petition under section 22-EE of the Industrial Relations Ordinance, 1969. It has been submitted that in the Province of Punjab alone there are 7 depots of P. U. T. C. Of these 5 depots are situated at Lahore and two depots are situated at Rawalpindi and Islamabad. It has been submitted that the two depots which are situated at Rawalpindi and Islamabad are independent and all recruitments and promotions etc. Are done by the respondents Nos. 2 and 3 locally without any reference to their headquarters at Lahore. The petitioners are registered Trade Unions with the Joint Director Labour Welfare, Rawalpindi Region and that a Secret Ballot was held on 19-12-1978. It has been submitted that the employees of 5 depots of P. U. T. C. At Lahore have got two Trade Unions registered at Punjab level with the Respondent No. 1 and these Unions do not represent the employers of P. U. T. C. At Rawalpindi and Islamabad. It has been submitted that respondent No. 1 is about to hold a secret ballot for all the depots of P. U. T. C. Between the two Unions of Lahore and that the appellant should be granted stay order or else they will suffer irreparable loss.
2. The Joint Director, Labour Headquarters had addressed a letter to the applicant Union on 4-6- 1960 requesting him to confirm if he intended to participate in the said referendum and if so to supply a list of technical employees in terms of section 22(3) (d) of the I. R.
0. Subsequently however the Assistant Director, Labour (Registration) addressed another letter to the applicant Union informing that the letter issued on 4-6-1980 has been withdrawn due to the reason that the applicant Union was registered with the P. T. U., Rawalpindi whereas the request for determination of C. B. A. Was for the whole of the establishment and the applicant Union was not competent to contest the referendum on Punjab basis.
3. The learned counsel for the Azad Mazdoor Union-Lahore which had applied for holding a referendum submitted before me that under section 22-EE of the I. R.
0. The application for determination a C. B. U. Can either be moved by a Union or federation or the Federal Government may make a reference for determining a C. B. U. In a particular establishment.
He submitted that the Commission may stop or prohibit the proceedings to determine a C. B. A.
Under section 22(2) for any establishment after the receipt of the reference for determining of a C.
B. U. He submitted that the proceedings cannot be stopped on receipt of an application from a Union of workmen or a federation of such Trade Unions. He further submitted that an application for determining separate C. B. Us. In all the depots at Lahore was moved by P. U. T. C. Mazdoor Union, Kot Lakhpat Depot, Lahore and the learned Senior Member after hearing the parties has rejected that application. He had not, therefore, determined any C. B. U. For Lahore depots.
4. The learned counsel also referred to the decision given by a Division Bench of this Commission on 30-5-1977 in G. T. S. Alfateh Labour Union, Lyallpur v. P. U. T. C. And 8 others under which the stay granted was vacated in view of the proviso below clause (c) of subsection (1) of section 22-EE of the I. R.
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5. The learned counsel tor the applicants further submitted that there was no difference between "reference and "application" and that in the case referred to by the learned counsel for the respondent the grounds on which the stay was vacated were not on account of the proviso below clause (c) of section 22-EE (1). He further submitted that if the stay was vacated the application would become infructuous as the referendum shall be held and the Union which has been registered on Punjab basis shall become C. B. A. For the Rawalpindi depots as well. The learned counsel for the Respondents Nos. 2 and 3 submitted that reference and application were not one and the same thing and that when a thing has been expressly provided in the law it cannot be given any other interpretation and that the respondent would request for vacation of stay for referendum at Lahore.
6. The Registrar of Trade Union has no doubt asked the applicant Union No. 1 as to whether it wanted to be contestant in the secret ballot to determine a C. B. A. For the Establishment of P. U. T.
C. On Punjab basis and subsequently withdrew that letter for the reason that the applicant was not registered on Punjab basis and could not take part in the referendum being held on Punjab basis.
The proviso made below clause (c) of section 22-EE (1) is absolutely clear and leaves no doubt that the proceedings to determine C. B. A. Could be stopped or prohibited only after the receipt of a reference for determination of C. B. U.
7. I do not agree with the view that a "reference" and the "application" were one and the same thing as in that case "after the receipt of a reference for determination of the C. B. U." Since B this proviso is not applicable in respect of an application made in this behalf by a Trade Union or a federation of such Unions I vacate the stay order issued on 8-9-1980.
' I shall further proceed to deal with the application made under section 22-EE of the I. R.
0. In accordance with the provisions made in that section and for this purpose a notice may be issued to all the registered Trade Unions of P. U. T. C. At Lahore and Rawalpindi/Islamabad to submit their comments on the application made by the applicant within 15 days at Islambad. I shall thereafter fix a date for hearing view points of the Unions and the employer.