1. This is the application made on behalf of the respondent praying that the main application under section 34 of Industrial Relations Ordinance, 1969 be dismissed as according to them it had become infructuous in view of the fact that the applicant-Union having since lost in the refrendum held on 30-4-1975 and as such it ceased to be the Collective Bargaining Agent of the workmen concerned.
2. Notice of this application was given to other side which was received by the applicant on the same day. But it appears that neither any objection in writing to this effect was filed on behalf of the applicant whereby controverting the allegations of the respondent nor any arguments were advanced on behalf of the applicant on the date of arguments viz. 5-7-75 as learned counsel for the applicant remained absent.
3. As a necessary corollary the allegation of the respondent to the effect that the applicant-Union lost in the refrendum held on 30-4-1975 stands unchallenged and unrebutted. Therefore the only point for consideration would be whether in view of the fact that the applicant had lost its character of being the Collective Bargaining Agent would render the main application under section 34 infructuous.
4. In support of his contention my attention has been drawn by Mr. Haji Ghulam Hassan, Learned Representative of the respondent to the Decision of Mr. Justice Inamullah Khan the S. L. A. T. reported in 1975 PLC 427 in which it has been held that in case of industrial dispute pending before the Labour Court and the Union loosing character of C. B. A. such Union cannot continue proceedings and it must either withdraw or apply to Court for substitution by new Collective Bargaining Agent. Whereas in the instant case the applicant-Union neither withdrew the application nor applied to this Court for substitution for new Collective Bargaining Agent. Therefore the proposition as it stands today as supported by the aforesaid decision would be that the main application under section 34 of I. R. O., 1969 becomes infructuous. For, the applicant-Union which has lost its character of being C. B. A. cannot continue proceedings.
5. Therefore on this legal point alone and without going into the merits of the case I allow the Misc.
6. Application and the overriding effect of this order would be that the main application under section 34 becomes infructuous, hence stands dismissed.