DECISION An application has been moved today under section 39(1 )(b) read with sections 36 and 37 of the Industrial Relations Ordinance, 1969, for impleading British Airways Employees* Union as a party in these proceedings. Mr. M. A. Khan, the learned Representative for the respondents objects to implead the said Union as a party on the ground chiefly that it is a belated application. There is much force in the objection of Mr. M. A. Khan. The referendum was held on 12th of April, 1973 when B.
O. A. C. Employees* Union was declared to be the 'Collective Bargaining Agent*. The application, if any, should have been made to the Labour Court and not before the Tribunal. In these circumstances I do not find any force ia the application for impleading the party concerned as a party. The application is dismissed.
2. So far as the appeal is concerned, the main contention of Mr. A. Majeed was that 12th of April, 1973 when the referendum was held was a 'declared holiday*. This may be so. The conduct, however, of the Union discloses that they participated in the referendum but lost the same. They were able to secure only seven votes as against 67 by the other side. Under section 22, sub-clause (9) of the I.R.O., 1969 all that the Registrar has to do is to fix a date of the poll and intimate the same to each of the contesting Trade Unions and also to every employer. This is done. No prejudice is caused1 to the Union. The record shows that the Union did participate in theL referendum but lost it. There is no force in the appeal. The appeal is'4 dismissed. Appeal dismissed I accordingly find that it is proved that the applicant had remained absent owing to illness and that the enquiry held in hot-haste by the respondents denied the applicant a fair opportunity of defending himself. He would therefore be presumed to have been locked-out and prevented from resuming his work on 13th April 1970. He was not even given the order of dismissal and as such the objections of the respondent that this application was filed1^ after a great delay or that this application under section 34 of the Industrialj Relations Ordinance is not maintainable as the grievance procedure has not| been resorted to, cannot be upheld. The result therefore is that this application is allowed and the applicant is ordered to be re-instated in service from 5th March 1970 with pay and all other benefits.