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2014 PLC 1

Sayyad ABID HUSSAIN SHAH vs REGISTRAR OF TRADE UNIONS,

Citation2014 PLC 1
CourtLahore High Court
Case No.Writ Petition No,10104 of 2013
Date2013-08-29
Judge(s)Shahzada Mazhar
ResultOrder accordingly

ORDER

' SHEZADA MAZHAR, J.--- By filing the present writ petition, the petitioner has challenged the order dated 20-5-2013 by way of filing representation before respondent No,1, however, no action was taken on the said representation, thereafter the petitioner moved another application before the District Coordination Officer, that too was no entertained, therefore, the petitioner filed an appeal on 24-8-2013 before the Punjab Labour Court No,11, Dera Gljazi Khan, however, the said Court was not available therefore, the same was entertained by Labour Court No,9, Multan who issued notices to the parties and the date of hearing of the appeal was fixed on 13-9-2013 before the Original Court No,11. Against this order dated 27-8-2013, the present writ petition has been filed wherein the petitioner has challenged not only the order dated 27-8-2013 but also order dated 20-5-2013.

2. Learned counsel for the petitioner submits that election on 27-4-2013 were not held as per law, the same are held after the period prescribed under the law, the proceedings of so-called election were submitted with the respondent No,1 after the prescribed period. Learned counsel further submits that certificate issued by respondent No,1 vide impugned order dated 20-5-2013 is liable to be set aside in view of the discrepancies mentioned above. It is next argued that although the impugned order dated 20-5-2013 is appealable and petitioner has filed appeal which is pending as mentioned above, however, as the concerned Labour Court No,11 is not available and Labour Court No,9 is not hearing the matter, therefore, present writ petition has been filed. Further submits that under section 9(10) of Industrial Relation Act, 2010 the Labour Court is required to decide the grievance of the petitioner within seven days. States that as the election held on 27-4-2013 was illegal and the veracity of the same is under challenge, therefore, the respondent No,18 is not entitled to participate in the referendum to be held tomorrow and seeks direction bf this Court for restraining the referendum.

3. Learned counsel for the respondents Nos.2 and 4 to 17 on watching brief entered appearance before this Court and submits that petitioner has no locus standi to file the instant writ petition.

Further submits that the referendum to be held tomorrow was not subject-matter of the appeal filed by the petitioner before Punjab Labour Court No, 11/9.

4. After hearing the parties, this Court deems it proper to direct the Punjab Labour Court No,9, Multan to decide the appeal filed by petitioner within a period of seven days as required under section 9(10) of the Punjab Industrial Relations Act, 2010 from the date of copy of this order strictly in accordance with law after hearing all the concerned.

5.

In the meanwhile, the referendum of CBA shall be held as per schedule, however, respondent No,1 shall not issue certificate of CBA as under section 24 of the Punjab Industrial Relation Act, 2010 till the decision of the petitioner's appeal mentioned above. In case of the appeal is decided in favour of the petitioner/appellant, the referendum would automatically become illegal and stand set aside.

6. With this observation, the instant petition stands disposed of.

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