Seaman

Petitioner was a registered Trade Union of working seamen who worked as such and held valid continuous discharge certificate

Respondents who were also registered Trade Unions of working seamen, holding continuous discharge certificates, moved an application to Registrar, Trade Unions for holding secret ballot for election of Collective Bargaining Agent under provisions of S. 22 Industrial Relations Ordinance, 1969

In response to notice given by Registrar Trade Unions calling upon registered Trade Unions to indicate their desire they wanted to contest secret ballot for determination of Collective Bargaining Agent, petitioner as also other respondents expressed their desire and proceedings for determination of Collective Bargaining Agent were pending Petitioner Union as also other respondents challenged competency of Registrar to ask for holding a referendum for determination of Collective Bargaining Agent

Petitioner's contention was that seamen who had valid discharge certificate were not employed in the establishment who were actually engage and employed on ship

Registrar by his impugned order disposed of this and several other points raised and decided to prepare list of voters who would be entitled to cast their votes in the referendum

Provisions of Merchant Shipping Act, 1923 and Rules framed thereunder made it clear that. "Seamen" meant ever person employed or engaged in any capacity on board any ship

Held, since expression "seamen" as defined by S. 2(8) of Merchant Shipping Act was confined only to those who were employed or engaged in any capacity on board any ship Trade Unions which held valid Continuous Discharge Certificate and were no engaged in any capacity on board any ship could not be considered in the establishment

Order of Registrar disposing of objections and points raised and deciding to prepare list of voters, entitling them to cast their votes in the referendum was declared to be without lawful authority and of no legal effect and Registrar was directed to consider whether seamen in trade union had beer employed o- engaged on board any ship or not.