Case Details

Citation(s)
2011 SLG 1574 2011 SLD 1574 2011 PLC 142
Sindh High Court
Constitutional Petition No.D-2652 of 2010, decision dated: 11-11-2010.
SHAHID ANWAR BAJWA AND TUFAIL H. EBRAHIM, JJ

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M. ASHRAF BULLO and another

VS

PAKISTAN INTERNATIONAL AIRLINES CORPORATION through Managing Director and 4 others M. ASHRAF BULLO and another vs PAKISTAN INTERNATIONAL AIRLINES CORPORATION through Managing Director and 4 others

Law:

Section:

Industrial Relations Ordinance (XXVIII of 1969)-------Ss. 2(x) & 14---Constitution of Pakistan, Art.199---Constitutional petition---Institution of proceedings by individual office-bearers in the name of Trade Union---Petitioners who claimed themselves to be General Secretary and Vice President of the Trade Union in the employer Corporation submitted that under the Industrial Relations Ordinance, 1969, even an individual office-bearer could file a petition; and that was to be deemed to be a petition filed on behalf of the Trade Union---Validity---No provision was available in Industrial Relations Ordinance, 1969 for the proposition submitted by the counsel for the petitioners---Counsel for the petitioners was unable to place on record or point out any authority in support of such contention---If individual office-bearers were allowed to institute proceedings in the name of a Trade Union, it would result to total chaos---Every Trade Union has a constitution and matters were regulated by the constitution; and even if no provision was available in the constitution, the affairs of the Trade Union were entrusted to its executive---Affairs could be entrusted only to a body and not to an individual---Collective Bargaining Agent was not entitled to maintain a constitutional petition in respect of any grievance of its member; similarly a member or office-bearer of a Trade Union, could not maintain a constitutional petition for any grievance of the Trade Union---Petition being, not maintainable was dismissed in limine. Pipe Mills Employees Union Karachi v. Karachi Pipe Mills Ltd., Karachi 1992 SCMR 36 rel. M.A. Ghani Chaudhry for Petitioner. Shafquat Ali Masoomi and Sardar Balakh Sher Khosa for Respondents. Date of hearing: 11th November, 2010. JUDGMENT SHAHID ANWAR BAJWA, J.--- This Constitutional Petition has been filed with the following prayers:--- It is, therefore, most respectfully prayed that the conduct of respondent No.5 in interfering with the affairs of the elected office-bearers of the Union may be declared to be illegal, violative of the principles of natural justice and thus without any lawful authority with the same consequential relief against the…
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