| Case ID |
098d9567-bcdf-4ac3-805d-a5d878c64db9 |
| Body |
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| Case Number |
Writ Petition No. 3205 of 1982 |
| Decision Date |
Jan 10, 1984 |
| Hearing Date |
Nov 16, 1983 |
| Decision |
The Lahore High Court ruled that the National Industrial Relations Commission's subsequent notice was effective and that the trade union, which was registered after the first notice, could participate in the ballot. The petitioner's claims were dismissed based on the interpretation of the relevant sections of the Industrial Relations Ordinance and the regulations of the National Industrial Relations Commission. The court emphasized the necessity of following the prescribed procedures for determining collective bargaining agents and upheld the validity of the elections conducted by the Commission. Consequently, the petition was dismissed with costs. |
| Summary |
The case revolves around the eligibility and participation of various trade unions in the collective bargaining agent elections for the Pakistan Railways. The Lahore High Court examined the provisions of the Industrial Relations Ordinance and the National Industrial Relations Commission's regulations, focusing on the procedural aspects of conducting secret ballots. The court determined that the inclusion of a newly registered trade union in the elections was lawful, despite earlier challenges regarding its registration status. This decision underscored the importance of following legal frameworks in labor relations and ensuring that all eligible parties have a fair opportunity to participate in the electoral process. Keywords: Industrial Relations, Collective Bargaining, Secret Ballot, Trade Union Rights, Labor Law. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan Railways,
National Industrial Relations Commission
|
| Judges |
MUHAMMAD ASLAM MIAN, J
|
| Lawyers |
Aitizaz Ahsan,
Syed Iftikhar Ahmad Deputy A.-G.,
M. Ismail Bhatti,
Irshad Ahmad Qureshi,
S. A. Latif
|
| Petitioners |
UNITED UNION OF PAKISTAN RAILWAYS WORKERS
|
| Respondents |
Respondent No. 3,
Respondent No. 2,
Respondent No. 4,
NATIONAL INDUSTRIAL RELATIONS COMMISSION
|
| Citations |
1984 SLD 1112,
1984 PLC 305
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
National Industrial Relations Commission (Procedure and Functions) Regulations, 1973
|
| Sections |
22(5),
22(6),
22(3),
22(EE),
16(22),
16(25)
|