Ehsan Ahmed Ch. VS Member NIRC etc

W.P. No.1067l2}t3

FONT NO.HCID'G

T t HEET rll THE T' HIGH I'tAiIABAD GA'E NO' r llI'P'NO'1o67 OF zolt

Ehlcn Ahmed ChoudhrY Ut.

Gcmmllllcn, ltlcmcbcd elc.

llcmbcr, Nctlcncl lndutlrirrl Relatlcnt Pellllcner by I ]ft' Khcttd llmcll' Aduoccte fetpcndentr by I f,ll' Abdur Rcrheed Awsnr Aducccte Deile cf hecrlng r O9oO4'2Otl' Through the present writ NOOn-UL-HAQ N' QUREIHI t'

constitutionol iurisdiction with the proyer petition, the petitioner hqs invohed o5.o3.2or3 possed by respondent No'l moy be thot the impugned order dqted

setosidebeingwithoutiurisdictionqndwithoutlqwfulouthority.

2.Brieffqctsgivingrisetothedisposqlofinstqntwritpetitionqrethqtthe petitionerisqSecretoryGenerolof.PqhistonWAPDAEmployeesPeghom union for the estoblishment of wApDA q industry wise trqde Union,,, which is

qnd of present enjoying the stqtus of ond its oll corporqtized componies

CollectiueBorgqiningAgent(cBA).Thepe.itionerqssecretoryGenerqlofthe soidUnionsubmittedproceedingsfortheopprovolofnewlyelectedoffice person nomely by the Commission. Another beorers, which wos duly opproved qlso filed onother proceedings before the Registror' Muhqmmod lhhloq Khqn office beorer, in which, nqme of respondent NlRc for opprouql of newly elected

No.3wosqlsoincluded,butthesomeproceedingsweredeclqredfoheond bogusbytheCommission.Agqinstthotorder,respondentNo.3filedoppeol which obiection of non-functioning of Full Bench before Full Bench of NIRC on before respondent No.3 filed w.P. No'3471/2o11 of NtRc wqs roised. There-qfter,

thisCourt,whichwqsdismissedvideorderdotedzS.o4.zolzwiththe qvqil oppropriote remedy before NlRg' consequently' observotion to qnd direction wos issued to tlre ndent No.s fired oppeor before NrRc

W.P. No.106712013

petitioner Union to conduct qn internql elections in the month of Mqrch' 2Ol3

lRA, 2ol2 vide strictly in qccordqnce with the constitution ond provisions of given by the order dqted o7.o2.2o13 qnd did not set oside the opprovol the Election leqrned Registrqr, Trqde Unions. ln complionce with thot order, committee completed election process crs per decision of centrql Executive

beorers' (Morhozi Mqilis-e-Amlo) ond issued finql list of newly elected officer g(o) of lRA, 2012 before There-ofter, respondent No.3 filed qpplicqtion u/s in which notices respondent No.2 for conducting election under his supervision qdjourned to l2'O3'2O13' were issued to the respondents qnd the cose wqs g(O) of lRA, 2c/12 before Member' Respondent No.3 ogqin filed qn oppeol u/s

NIRC for conducting of internol elections of the Union under its supervision'

elections ond form who ollowed respondent No.3 to porticipote in the internql group, if he so desires vide impugned order dqted O5'O3'2O13' Feeling petition.

oggrieved, the petitioner hqs filed the lnstont writ Leqrned counsel for the petitioner hos orgued thot impugned order

pqssed by NIRC is potently illegol, qs the commission could not entertoin ony

subludice before oppeol/opplicotion despite the fqct thqt the motter is olreody qnother Bench of NIRC of Lohore. He further orgued thqt on one hond of the Union respondent No.l issued direction for conducting internql elections provisions of IRA' 2012 qnd strictly in occordqnce with the constitution ond the group ond purticipqte on the other hond, ollowed respondent No.S to form a nor member of in the election process, whereqs he is neither the officer beorer the Union, rqther his membership wos concelled/rescinded by the Mqrhozi

Mojlis-e-Amlo qfter observing qll legol formqlities' This point wqs qlso in oppeol before NIRC highlighted in writ petition before this court os well os ond respondent No.3 never chqllenged his concetlqtion of membership' The

24'08'2011' As o.puty Registrqr, NIRC olso confirmed this foct vide order dqted

W.P. No.1067l2}t3

perArticleT(5)oftheConstitutionoftheUnion,qmemberwhodoesnotpqy ony cogent reoson' sholl ceose union funds for 3-months consecutively without No'3 is neither the to be the member of the union, whereos respondent is being poid under chech off system member of the Union nor his union fund therefore he is not etigible to porticipote in the election process' He hqs

requestedthotimpugnedorderdqtedo5.o3.2ot3mqybesetqside.

No.3 hos roised

4.At the very outset, leorned counsel for respondent writ petition' He hqs orgued thqt qs objection on the mointqinobility of instont impugned through the instont writ order doted o5.o3.2ot3, which hos been is not competent' The petitioner petition is interim in nqture hence writ petition should hque opprooched proper forum for redressol of his grievqnce' if ony' by writ petition could be filed by qn filing qppeql u/s 58 of the lRA, 2c,12. The is o stronger for this purpose' Vide opproved officei beorer, while the petitioner occepted the opplicotion of the order doted 18.11.2011, the respondent No.2 petitionerondopprovedelectionproceedingson<llistofofficebeorers.Agoinst dqted o7'o2'2o13 wqs thqt order, respondent No.3 filed oppeol ond order possed with the consent of porties thot fresh internol election of the union sholl in occordonce with the Constitution be conducted in the month of Morch,2Ol3 hence in view of obove order' the of the Union ond provisions of the soid Act, Generol of the Union' He petitioner connot clqim himself to be the Secretory hqs futher orgued thqt instqnt writ petition hqs been fired coreressry without going through the contents, os in qlmost porogrqphs of the petition' the

commission hqs been referred, whereqs writ petition hos been fited before this between two groups' hence court. He orgued thqt since there wot o dispute respondentNo.3opproochedrespondentNo.zuls9(6)oflRA,2ol2,who respondent No'3 filed qdjourned the mqtter for 12.03 .2)13,but due to urgency' miscellqneous opplicotion on which, soid order doted o5'o3'2o13 hos been

W.P. No.1067l2OL3

qbove orguments' he hos posred, which is interim in nqture. ln view of petition' requested for dismissol of the instqnt writ qs well os relevont provisions of lqw

5.Arguments hqve been heqrd, record

perused.

The petitioner himself hqs odmitted in poro (d) of instqnt writ petition

thqthehqdnotporticipotedintheelectionprocessthereforeheisqstrqnger qs the sqme could be filed by qn for the purpose of filing instqnt writ petition, opproved office beqrer.

T.Moreover,orderdqtedoT.oz.xol3wclspossedbyMember,N|RCwith theconsentofportiesthroughwhichfreshinternqlelectionoftheUnionwere with the to be conducted in the month of Mqrch, 2013 in occordonce lRA, 2c,12' hence the petitioner constitution of the union ond provisions of cqnnot tqhe divergent pleo before this court by impugning order dqted

impugned is interim in g. lt is olso pertinent to mention here thot the order proper forum i'e' NIRC noture, hence the petitioner should hove opprooched qppeql u/s 58 of the IRA' 2c,12' os such' for redressol of his grievonce by filing its present form' Soid section 58 of instqnt writ petition is not mointoinqble in the lRA, Zol}isreproduced hereunder:

,,it Appealr (t) Notwithstqnding anything contqined in' this Ad or by on dny penon oggrieved in ony othter low for the time being in force, owqrdordecisiongivenorosentenceororderdeterminingqnd possed by ony Bench of the certifying o coilectiie bargoining unit qwqrd, decision, sentence or Commissai, iii, *itnin tiirtv doys of such order prefer on ippeal to the Commission"' g. ln view of qbove dircussed legol qs well qs foctuql position' instqnt writ no order qs to costs' petition, hqving no merits, is hereby dismisserl with (HOOn QUNET Hr)

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Uploaded By : Engr. Umer Rasheed Dar