Case Details

Citation(s)
2013 SLG 1922 2013 SLD 1922 2013 PLC 236
Labour Appellate Tribunal, Sindh
Revision Application No.KAR-13 of 2012, decision dated: 28-08-2012.
ALI MUHAMMAD BALOCH, MEMBER MESSRS GHANDHARA NISSAN LTD.

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through Constituted/authorized person

VS

GHANDHARA NISSAN LTD. AZAD LABOUR UNION through President/General Secretary and others through Constituted/authorized person vs GHANDHARA NISSAN LTD. AZAD LABOUR UNION through President/General Secretary and o

Law:

Section:

(a) Industrial Relations Act (IV of 2008)-------S. 9 (Revived by Industrial Relations (Revival and Amendment) Act (XV of 2010)---Registration of Trade Union---Scope---Registrar of Trade Unions was bound to inform the concerned union about its registration application within fifteen days, but if Registrar would fail to do so, the concerned union was authorized to approach Labour Court in appeal---Subsection (3) of S.9 of Industrial Relations Act, 2008, had not given any character to the employer---Employer or any other union in the matter of registration, had no right to be heard or to be taken into consideration---Registration of Trade Union could not be challenged on the ground that chance of hearing had not been given to the employer or other Trade Union. Essa Cement Industries Workers Union v. Registrar of Trade Unions and others 1998 PLC 500 rel. (b) Industrial Relations Act (IV of 2008)--- ----S. 55(4) (Revived by Industrial Relations (Revival and Amendment) Act (XV of 2010)---Revisional power of Appellate Tribunal---Scope---Tribunal has suo motu revisional powers under S.55(4) of Industrial Relations Act, 2008 and could call record of any case or proceedings, either pending or disposed of if not covered by any other provision for the purpose of appeal---Revisional powers of the Tribunal were restricted only to the checking of correctness, legality and propriety of the order passed by the Labour Court---While deciding the revision, Tribunal was bound to check the correctness of the order passed on the basis of the facts produced before the Labour Court, and the legality of the order. Norwich Union Fire Insurance Society Limited v. Muhammed Jawed Iqbal 2 another 1986 SCMR 1071; Jannat Textile Mills Limited v. Sindh Labour Appellate Tribunal and others PLD 1979. Kar. 725 rel. Muhammad Humayun and Ghulam Murtaza Saryo for Applicant. Muhammad Shafiq Qureshi for Respodents Nos.1 to 7. Altaf Hussain, Assistant Director Labour (TU) for Respondent No.8. Nemo for Respondents Nos.9 and 10. Date pf hearing: 13th August, 20012. ORDER ALI MUHAMMAD BALOCH (MEMBER).--- The Informant/ Applicant is an automobile company and registered under the Companies Ordinance, 1984…
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