' This petition is filed under the provisions of section 22-A(8)(g) of the I.R.O., 1969, by the petitioner who is an employee of the establishment of Fazal Vegetable Ghee Mills i,e, respondent No, 2 as Electrician and being an employee is also a member of Fazal Vegetable Ghee Mills Workers' Union which is a registered trade union and is also enjoying the status of collective bargaining agent. It is contended that the petitioner was a candidate for the post of President of the said union in the election which was held on 24-4-1996. It was contended that the elections were manipulated and rigged by the respondent No, 1 which otherwise suffers various illegalities and irregularities. It was contended that the result was submitted before respondent No, 3 i,e, Registrar of Trade Unions, Islamabad for approval but the same has yet not been approved. It was submitted that such acts constitute unfair labour practice within the meaning of sections 15 and 16 of the I.R.O., 1969.
Considering such averments interim injunction was granted to the petitioner on 6-5-1996. The petition was strongly contested by the respondents Nos. 1 and 2. The respondent No, 3 was proceeded ex parte.
2. I have heard the learned counsel for the parties and have also considered the record of the case with their help.
3. It is an admitted feature of the case that the petitioner is an employee as Electrician in the establishment of respondent No, 2 i,e, Fazal Vegetable Ghee Mills and was also previously a member of the Fazal Vegetable Ghee Mills Workers' Union. Fazal Vegetable Mills Workers' Union is a registered trade union and is also enjoying the status of collective bargaining agent in the establishment. It is also an admitted feature of the case that the elections of the union were held on 24-4-1996 and the result of the election is pending before respondent No, 3 i,e, Registrar, Trade Unions, Islamabad for approval. The record of the case reveals that the membership of the present petitioner was cancelled on 16-2-1995 and the constitution of the union filed as Annexure 8, Article 10(3), which is duly approved by the Registrar, Trade Unions, Islamabad reveals the reasons for expulsion of a member from the membership of the union i,e, consecutively not attending three meetings of the union. A notice in this behalf dated 12-2-1995 was also given to the petitioner and vide order dated 16-2-1995, his membership was cancelled. Against the cancellation of the membership, the present petitioner did not avail any legal remedy. Thereafter, the schedule of elections was announced on 18-4-1996 i,e, after the expiry of about more than one year. The petitioner has although challenged the Schedule of Elections on the ground that he was on leave and therefore the respondent No, 1 with mala fide intention, has announced the schedule to pave the way for election as President of the Union but these arguments are misconceived as admittedly the membership of the petitioner from union was cancelled about one year before, therefore, he was not entitled to take part in the elections of the union. The present petition is therefore, misconceived and the petitioner, being not a member of the union, has got no right to ethe fate of the elections of the union. The respondent No, 3 is therefore at liberty to announce the approval of the result of the elections and the interim injunction order dated 6-5-1996 is recalled.
The petition is dismissed without any orders as to costs.