1984 PLP 1482 (PLC)

(i) that order of Registrar of Trade Union is void ; (ii) that respondents Nos. 2 to 6 were not entitled to cast their votes in the elections as they are neither workmen nor members of the Union. (iii) that respondents Nos. 2, 4, 5 and 6 cannot be the office‑bearers as out of 10 office‑bearers, 5 are outsiders which is in violation of section 7 (d) of I.R.O., 1969, and further prayed that the operation of the result as contained in the report submitted by respondents regarding election held on 16th August, of 1983 be stayed. Brief facts of this matter are that respondents Nos. 2 to 6 were emp loyees of Messrs Atlas Autos Limited and were said to have teen dismissed from service by their employer on 19th July, 1983 and they preferred appeal before National Industrial Relations Commission but N. I. R. C. by order, dated 20th July, 1983 had permitted the respondents 2 to 6 to contest section of Union. Being aggrieved Atlas Autos Limited filed Constitution Petition No. D‑564/83 in which petitioner of this constitution petition viz. Atlas Group of Companies' Employees Union and Respondents 2 to 6 of this petition, were made parties (as respondents 3 to 7). The Constitu tion Petition No. D‑564 of 1983 was disposed of and following order was passed by consent on 1st August, 1983: --‑ The election of office‑bearers of the respondent No. 3 (Union) would be held at a place other than the premises of the petitioner Company, in which elections respondents 4 to 8 would be entitled to contest for the posts of office‑bearers. The election would be held at a place and on the date to be fixed by the Registrar of Trade Unions. Application stands disposed of," On 15th August, 1983 Mr. Justice Saleem Akhtar in view of the circumstances that election was fixed on 16th August, 1983 passed an order that respondents 2 to 6 be allowed to participate in the elections and their ballot‑paper's be kept separately in sealed cover and that respondents should not declare results till further orders. In that order Registrar was directed to submit report on 18th August, 1983. However, elections are over and report of Registrar is on record. Mr. M. L. Shahani Advocate for petitioner contended that since respondents 2 to 6 are not workmen as such they have no right of votes and cannot contest the elections. He further submits that only 25% outsiders contest elections, therefore, this petition be admitted and results be not declared. Mr. Shahenshah Hussain Advocate for respondents 2 to 6 submitted that the appeal of respondents is pending and they have been allowed to contest elections which were held in pursuance of the order of this Court made in Constitution Petition No. S‑75/83 on 1st June, 1983. Therefore, this constitution petition is infructuous. On 4th July, 1983 directions were issued by High Court in Constitu tional Petition No. S‑75/83 that after observing all the formalities elections be held within three weeks. Accordingly elections of Union were fixed on 23rd July, 1983. In the meanwhile on 19th July, 1983 respondents 2 to 6 were dismissed and in view of this order they were not entitled to exercise right of vote and not to contest elections. Against dismissal order they moved N. I. R. C. and got the orders on 20th July, 1983 and 21st July, 1983 by which they were allowed to contest and participate in the elections of office members. Subsequently they were also allowed to contest elec tions by consent order in Constitutional Petition No. 564/183. The matter regarding Messrs Atlas Group and Private respondents is still pending before N.

1. R. C. where order of dismissal of respondents has been challenged and it is yet to be decided whether order of dismissal is in accordance with law, or void. Therefore, at this stage it is too early to say that respondents were not entitled to contest elections or cast votes. It is open to petitioners to challenge the election at proper time when status of respondents 2 to 6 is determined. In my view no irregularity or illegality has been committed and no prima facie grounds for admission of the petition are made out. Accordingly I am not inclined to admit this petition which stands dismissed. A. E.