1977 PLP 471 (PLC)

2. In the first poll held for this purpose between 6 Trade Unions, the Railway Workers' Union secured the highest number of votes (6467), but it could not be declared as the Collective Bargaining Agent because this number Of the votes was less than one third of the total number of workmen employed in workshops establishment, and because the law laid down in the first pro viso to section 22(9), Industrial Relations 'Ordinance, 1969, hereafter referred to as I. R. O. is "that no Trade Union shall to certified to be the Collective Bargaining Agent for an establishment or group of establishments unless the number of votes received by it is not less one-third of the total number of workmen employed in such establishment or group". The second proviso to the same subsection further lays down "that, if no Trade Union secures such number of votes in the first poll, a second poll shall be held between the Trade Unions which secure the two highest numbers of votes in the first poll and the Trade Union which secures a majority of the votes cast at the second poll shall be certified in the prescribed manner to be the Collective Bargaining Agent". Consequently, arrangements were initiated to hold the second poll between the aforesaid Union and the Railway Mazdoor Union which had stood second in the first poll by receiving 1614 votes. The latter Union, has expressed its desire to refrain from participating in the second poll. A legal question, therefore, has arisen to the effect whether the second poll should be held despite this development, or, on the other hard, the only other Trade Union left in the field should forthwith be declared and certified as the Collective Bargaining. Agent.

3. I gave notices to both the Trade Unions in question to hear them on this point. The Trade Union standing first in the first poll has not cared to put in appearance. The other Union has appeared through Mr. M. A, Rahim but he has shown his indifference in the matter. I, therefore, am left to form my own views in the matter.

4. The position would have been non-problematic if a similar question had arisen in the first poll, if the application for the determination of the Collective Bargaining Agent, which has been made by the management, had been made by a Trade Union and if no other Trade Union had desired to be a contestant in that poll. Such a case would have found a complete answers in subsection (9-A) of section 22, ibid, which reads as follows:- "(9-A).-If no Trade Union indicates under clause (a) of subsection (5) that it desires to be a contestant in the secret ballot, the Registrar shall certify the Trade Union which has made the application under subsection (2) to be the Collective Bargaining Agent." In such a case, the Trade Union making the application would have been declared to be the Collective Bargaining Agent.

5. The present case, however, is of the second poll and there is no such provision about such a poll. On the other hand, the wording of the second proviso aforequoted, is imperatively to the effect that no Trade Union secures in the first poll votes equal to, or more than one-third of the total number of workmen employed in the establishment concerned, "the second poll shall be held between the Trade Unions which secure the second highest number of votes in the first poll." This specific provision, considered in juxtaposition to the foregoing, provisions of section 22 (9-A) I. R. O laves no room for holding either general grounds or in view of any implied provisions, that on account of withdrawal of the candidature by the Trade Union standing second in the first poll the necessity for holding the second poll has been avoided. The result is that in order to meet the requirements of the law, the second poll has to be held. There is no need to look into the wisdom of the law in this behalf; because the wording of the law is clear. It may, however, be noted in passing that the voters, if" they so choose to do, may still avoid determina tion of the Trade Union standing first in the first poll as the Collective Bargaining Agent, by either casting no vote in favour of either of the two Trade Unions in the second poll, or by casting equal number of votes in favour of both of them. So, one cart see some wisdom in the law which is made not for the particular case in hand, but for all the times.

6. For the foregoing reasons, I direct that the second poll shall be held, despite withdrawal of candidature by one of the Trade Unions eligible for this poll.