Law: Balochistan Industrial Relations Act, 2010

Section: 77

Law: Industrial Relations Act, 2012

Section: 2(xviii),2(xxvi),57

Balochistan Industrial Relations Act (XIII of 2010)--- ----S. 77---Industrial Relations Act (X of 2012). Ss.2(xviii), 2(xxvi) & 57---Appeal---Complaint regarding embezzlement of funds of the Labour union---Maintainability---Jurisdiction of Labour Court for entertaining the complaint pertaining to Labour union---Scope---Newly elected President of the union filed a complaint against the ex office-bearers of the union regarding embezzlement of union funds--- Ex office-bearers raised objections regarding the maintainability of the complaint in view of promulgation of Industrial Relations Act, 2012---Contention of the newly elected President of the Labour union was that the matter did not fall within the purview of Industrial Relations Act, 2012 and the Labour Court had no jurisdiction to entertain the complaint for the reasons that the said union was local in nature not having its branches in more than one province---Validity---Union in question was not registered under Industrial Relations Act, 2012, its membership was confined only to the extent of one district and not in more than one province---Union in question had been registered under the provisions of Balochistan Industrial Relations Act, 2010 and the provisions of Industrial Relations Act, 2012 were not attracted---Appeal was dismissed in circumstances. 2014 SCMR 535 ref. 2014 PLC 145 and 2014 PLC 148 rel. JUDGMENT ABDUL GHIAS NOUSHERWANI (MEMBER).--- The appellant challenged the order of Learned Presiding Officer 1st Labour Court Balochistan dated 19-9-2014 wherein the objection of appellant/ respondent with regard to jurisdiction was rejected and complaint under section 77 of B.I.R.A., 2010 was entertained for trial. 2. For disposal of instant appeal brief facts are that the appellants/ respondents were ex-office-barriers of Quetta Serena Hotel Labour Union whereas respondents petitioner No.1 is the recently elected president of the same union who after holding the office of the union filed a complaint under section 77 of B.I.R.A., 2010 against the appellants/respondents with the following prayers:--- "It is, therefore, prayed that the complaint may kindly be accepted and respondents Nos.1 and 2 may…

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