1. ' Through the instant petition, the petitioner seeks the following reliefs: "(i) To declare that the provisions of new Industrial Relations Ordinance, 2002 and Notification dated: 16-11-2002 specifically subsection (11) of section 20 and section 80(a) and (b) of Industrial Relations Ordinance, 2002 is prospective in nature from the date of its enforcement and has no retrospective effect detrimental to the rights of the petitioner and act of Respondents Nos.2 and 3 of non-performance and not conducting referendum meeting for the determination of C.B.A. Is against the fundamental rights of the petitioner available by the Constitution and is ultra vires and void in the eye of law.
(ii) To direct Respondents Nos.2 and 3 to conduct referendum meeting forthwith for the determination of CBA for a further terms with effect from 31-10-2003.
(iii) To declare that Respondent No,4, i,e, Exh.C.B.A. Has completed its tenure on 30-10-2003 and has no right to continue for a further period of one year which is against the provisions of law. Further the Respondent No,4 has lost its entity and cannot continue further and their actions taken after expiry period i,e, 20-10-2003 are null and void.
(iv) To direct the Respondents Nos.2, 3 and 5 not to sanction/accept and bargain the charter of demand submitted by Respondent No,4 in the interest of justice.
(v) Any other relief or reliefs which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(vi) Costs of the petition."
2. ' The petitioner is Karachi Port's Docks Workers Union. The respondent No,4 was CBA in referendum held on 3-10-2001 for a period of two years under 'section 22 of the late Industrial Relations Ordinance. Industrial Relations Ordinance 2002 by subsection (1.1) of section 20 raised the period of CBA with tenure from two years to three years. Thus, tenure of Respondent No,4 as CBA has increased to three years. According to the petitioner it was detrimental to the petitioner's right. It was contended that the provisions of subsection (11) cannot be given retrospective effect. The interpretation of section 20(11) came before the Division Bench of the Lahore High Court in Water and Sanitary Agency (WASA) Employees' Welfare Union v. Registrar of Trade Unions. Lahore (2003 PLC 386) on similar facts. We may reproduce the relevant observation, it reads as follows:-- "7. A bare reading of aforesaid clause (b) of section 80(2) of Industrial Relations Ordinance, 2002 shows that all orders passed and actions taken under the repealed Ordinance shall be deemed to have been passed, commenced and taken under the provisions of present Ordinance of 2002. The order of certification of respondent No,2, as CBA, shall, therefore, be deemed to have been passed under the present Ordinance of 2002 and subsection (11) of section 20 of Industrial Relaticns Ordinance, 2002, provides that no application for determinaion of the Collective Bargaining Agent shall be entertained within a period of three years from the date of such certification. It is thus, manifest that the prohibitory period, under the present law, stands extended for two years to three years and the appellant could not have validly mcved an application for the determination of a new CBA before the expiration of the period of three years of the certification of Respondent No,2 as the CBA. The argument of the appellant's counsel that the legislative provisions are not to be read as retrospective in nature, is also of no avail to the appellant, in the present case, because the law itself disclose a different intention, as is clear from the working of clause (b) of section 80(2), discussed above. It may further be mentioned here that the appellant moved the application for the determination of the CBA on 28-10-2002, when the present Ordinance No, XCI of 2002 had already come into existence with effect from 26-10-2002 and the appellant could invoke the remedy for the determination of the new CBA, only under the present Ordinance, which restrained the appellant from moving an application for the-determination of a new CBA within a period of three years from the date of certification of the CBA, as provided in subsection (11) of section 20 of the aforesaid Ordinance."
3. ' Therefore, it is wrong to contend that subsection (11) of section 20 of Industrial Relations Ordinance cannot be given retrospective effect is devoid of any force. The view expressed in the case of WASA Employees' Workers Union is fully applicable.
4. ' The petition, therefore, is dismissed in limine, with no order as to costs.