| Citation(s) |
|---|
| 1972 SLG 824 1972 SLD 824 1972 PLC 441 |
Sindh High Court
Petition No. 517 of 1970, 25th May, 1971
ABDUL KADIR SHAIKH AND KHUDA BAKHSH MARRI, JJ
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Petition No. 517 of 1970, 25th May, 1971
ABDUL KADIR SHAIKH AND KHUDA BAKHSH MARRI, JJ
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Messrs Hotel Columbus Ltd., Karachi
VS
Karachi Hotel Workers Union And 2 Others
Law:
Section:
Keywords: Illegal, Order, Determination, Government, Labour Court, Certificate, Orders, Procedure, Notification, Prohibit, Jurisdiction, Petition, Notice, Place, Locus Standi, Management, Impugned Judgment, Objections, Director, Office, Information, Registration Certificate, Ballot Papers, Verification, Establishment, Trade Union, Termination Of Service, Collective Bargaining Agent, Trial Court, Constitutional Petition, Invalid, Registered, Costs, Copy, Proceedings, Resignation, Chairman, Period, Intimation, Provisions, Without Jurisdiction, Petitioner, Receipt, Federation, Legal Position, Dispute, Call Result: Petition accepted JUDGMENT KHUDA BAKHSH MARRI, J.-This Constitutional Petition is directed against the order dated 12-9-70, of learned Chairman, First West Pakistan Industrial Court, Karachi, by which petitioner was "prohibited from continuing the lock-out and in all fairness it is expected that it will allow its workmen aforesaid to resume their duty forthwith." 2. The facts giving rise to this petition briefly are, that respondent No. 1, Karachi Hotel Workers' Union, a registered Trade Union under West Pakistan Trade Unions Ordinance, 1968, claiming to represent workers employed in petitioner's hotel issued him a notice of demand. Under section 26 (1) of Industrial Relations Ordinance, 1969 on 1-1-1970, and subsequently on 15-1-1970 issued a notice of strike under section 28 (1) of Industrial Relations Ordinance, 1969, as a result, Assistant Director, Labour Welfare Government of West Pakistan, Karachi, called upon petitioner to attend a joint meeting with workers to be held on 26-1-1970 for discussion on strike notice. 3. The petitioner however, challenged the locus standi of respondent No. 1 Karachi Hotel Workers' Union for being incompetent under law, either to issue notice of demand or notice to call a strike, this intimation was sent duly to respon dents Nos. 1 and 2 by letters Annexures 'C' and 'D' dated 23rd and 21st January 1970 respectively, which are reproduced as under: "ANNEXURE 'C' January 23, 1970 The Assistant Director, Labour Welfare. Government of West Pakistan, Karachi. Dear Sir, With reference to your letter No. AD/Con-E-11…
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