IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt. Petition No.D-1771 of 2023

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE.

1. For orders on CMA No.7629/23.

2. For orders on O/objection at flag-A.

3. For orders on M.A No.7630/23.

4. For hearing of main case.

07.12.2023

Mr. Jamshed Ahmed Faiz, Advocate for petitioners.

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1. Granted.

2. Deferred.

3. Granted, subject to all just exceptions.

4. The Petitioners have invoked the jurisdiction of this Court under Article 199 of the Constitution, assailing the impending election of the Mari Petroleum Office and Field Contractor’s Workers Union. Their case is that they have been successfully elected as office bearers of the aforementioned Union in earlier Elections but have been denied the right to contest the same on this occasion as the necessary nomination papers have not been issued to them. As such it has been prayed that directions be given for issuance of the nomination papers and that the holding of the election on 11.12.2023 otherwise be declared to be without lawful authority and no any legal effect and be suspended pending final determination of the issue by this Court.

Having considered the matter, we are of the view that the Petition is misconceived as the Union is not a “person” within the contemplation of Article 199, and has not even been arrayed as a respondent, whereas no act of the Registrar of Trade Unions has been impugned. Furthermore, it is discernible from Paragraphs Nos.5 and 6 of the Petition that the membership of the petitioner stands canceled vide an Order dated 14.01.2022, and whilst cognizance has been taken by the Registrar Trade Union upon their complaint, the issue is yet be finally resolved.

In view of the foregoing, the Petition stands dismissed in limine.

J U D G E

J U D G E

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