Ghulam Muhammad preferred the instant application against the Registrar, Trade Unions, D. I.
Khan Division, Camp at Bannu, General Manager, Bannu Sugar Mills, Serai Naurang and 10 others under section 25-A of Industrial Relations Ordinance, 1969 to the effect that the Election of Workers'
Union, Bannu Sugar Mills, Serai Naurang, dated 25th December, 1982 and its approval by the Registrar, Trade Unions, D. I. Khan vide his letter No, A-D/BU-37, dated 15th January, 1983 are mala fide and illegal and should be cancelled. Applicant further alleged that he is member of Workers Union, Serai Naurang which is a Registered Trade Union. That P. I. D. C. Bannu Sugar Mills Welfare Union, Serai Naurang has got a separate constitution under which all the matters of workers are managed. That respondent No, 1 informed respondent No, 6 vide letter No, RTU/BU/3/121, dated 7th February, 1983 to the effect that a meeting of General Body of Workers Union, was convened, on 25th December, 1982 in which 900 Workers participated and Elections of office-bearers i. e., defendants 3 to 12 had taken place on the said date. Moreover, the said Elections had been approved by the Registrar vide letter No, AD/BU-37, dated 15th January, 1983. That according to section 5 of the constitution the Elections should be conducted by way of Ballot Papers and the said Election has not been conducted by Ballot Papers which is against the constitution and null and void. Moreover, on 25th December, 1982 it was a Public Holiday and it is impossible for such a huge crowd to gather on such a Public Holiday and thus the Elections are illegal and against the spirit of the constitution and should be cancelled.
2. The petitioner submitted an application for temporary injunction restraining the defendants not to act upon the said Elections and letter No, AD/BU/37, dated 15th January, 1983. The respondents contested the application and detailed arguments of Abdur Rashid Khan, Advocate for applicant and Abdur Razzaq Khan, Advocate for respondents and Bashirullah Registrar, Trade Unions, D. I.
Khan at Bannu have been heard at length.
3. Counsel for the applicant argued that the Elections are void as it was a Public Holiday. The elections have not been conducted by way of Secret Ballot Papers. It is impossible that 900 workers has gathered on Public Holiday. Moreover, section 5 of the constitution has been violated. The applicant further stressed that the application is within time and should be accepted and the elections being void should be cancelled and orders for re-elections should be made.
4. Counsel for the respondents on the other hand argued that the application is not maintainable and that the Court has got no jurisdiction in this matter. That no grievance notice has been given and that the instant application is by worker against the workers. Moreover, the season is over as far as Mir Ali is concerned he has resigned and that the applicant is a member of Welfare Union and is its office-bearer.
5. Original record requisitioned and thoroughly perused. The instant application under section 25-A of Industrial Relations Ordinance, 1969 is not maintainable because no grievance notice has been given by the applicant. Moreover, as is clear this is an application of worker against the workers.
Strangely enough the applicant is the office-bearer of Welfare's Union and thus not a Member of Workers Union. He is the Office Secretary of another Union namely, Welfare Union.
7. Last of all on the day of arguments counsel for the applicant submitted an application that he has preferred an application under section 25-(A) inadvertently. This should be corrected and treated under section 34-A. The application has been preferred during the course of arguments, counsel for the applicant became aware of the lacuna of his case, so the application is preferred at a very belated stage. Moreover, according to the new constitution no provision has been violated, so keeping in view all these factors the instant application is not maintainable which is hereby dismissed. Two copies of the judgment are sent to the Secretary, Labour, Government of North-West Frontier Province, Peshawar as required under the rules.