{{MISSING PAGE IN CUT}} ' The petitioner (Habib Bank Workers' Union Lahore) by means of Writ Petition No, 2412 of 1983 has challenged the order, dated 25t March, 1983 of the learned Punjab Labour Appellate Tribunal, Lahor whereby a revision petition against order, dated 12th February, 1983 of the Punjab Labour Court No, 2, Lahore was entertained and injunction was granted against the respondent No, 3 from holding referendum till the decision of the Revision Petition.
2. The writ petition was admitted to regular hearing by this Court on 5th July, 1983 and notice was issued regarding interim relief praye for in the petition.
3. None has appeared on behalf of the respondents Nos, 1, 2 and to oppose this petition.
4. The contention of the learned counsel for the petitioner is that Punjab Labour Appellate Tribunal has no jurisdiction to stay the holding of referendum by the Registrar, Trade Unions as the former has very limited jurisdiction. Reliance was placed on National Bank of Rakista Employees Union v.
Chairman, Punjab Labour Court .
5. It was further submitted that no injunction could be granite against the Registrar, Trade Unions from performing his statutor functions. Section 22 (2) of the Industrial Relations Ordinance, 196 reads :- "Where there are more registered Trade Unions than one in an esta lishment or a group of establishment, the Registrar, shall upo an application made in this behalf by any such Trade Union which has as its members not less than one-third of the total number o workmen employed in such establishment or group of establish meats or by the employer (or the Government) hold1 (within fiftee days from the making of the application) a secret ballot to deter mine as to which one of such Trade Unions shall be the Collective Bargaining Agent for the establishment or group."
6. The representative of the Registrar present in Court state that the respondent No, 3 had already prepared the lists of worked members for holding referendum as envisaged under section 22 (2) of the Industrial Relations Ordinance, 1969 since the application was filed b the petitioner. The referendum, however, could not be held on account of injunction issued by the learned Punjab Labour Appellate Tribunal Lahore.
7. After hearing learned counsel for the petitioner and the representative of the respondent No, 3 the order of injunction granted by the respondent No, 1 vide impugned order, dated 25th May, 1983 is modified in the manner that the respondent No, 3 may hold a secret ballot for the determination of Collective Bargaining Agent, for the establishment but ' shall not announce the result pending decision of the revision petition before the Punjab Labour Appellate Tribunal. Subject to the observation made above this petition is disposed of. 1983 PLC 1256