| Citation(s) |
|---|
| 2014 SLG 2703 2014 SLD 2703 2014 PLC 117 |
Sindh High Court
High Court Appeal No.99 and Miscellaneous No.1296 of 2012, decided on 12th December, 2012.
MUSHIR ALAM, C.J.
Ashraf Hussain Rizvi for Petitioner. Abdul Ghaffar for
Respondent No.2. Jaffar Hussain for
Respondent No.3.
High Court Appeal No.99 and Miscellaneous No.1296 of 2012, decided on 12th December, 2012.
MUSHIR ALAM, C.J.
Ashraf Hussain Rizvi for Petitioner. Abdul Ghaffar for
Respondent No.2. Jaffar Hussain for
Respondent No.3.
SHABBIR TILES AND CERAMICS LABOUR UNION through President
VS
REGISTRAR OF TRADE UNIONS and 2 others
Law:
Section:
Sindh Industrial Relations Act (XV of 2010)--- ----S. 24---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court appeal---Determination of Collective Bargaining Agent---Holding of Referendum---Appellant/Labour Union, had urged that 400 workers were deprived of right to franchise; and that S.24(2) of Industrial Relations Act, 2010, had mandated to hold referendum on the strength of 1/5th of the total strength of the workers in the Establishment---Grounds which were raised by the appellant in Intra-court appeal, had not been raised by him in the constitutional petition before the High Court---Pleas that 400 workers were deprived of franchise, or there was application by 1/5th of the total strength of the workers to hold elections, could not be looked into at Intra-court appeal stage, as those were not the legal grounds, but were based on factual controversy---Intra-court appeal against such order could not be maintained on factual grounds. Airport Development Authority v. Registrar of Trade Unions 1982 PLC 26 ref. ORDER MUSHIR ALAM, C.J.--- Petitioner has impugned the orders passed in C.P. No.S-342 of 2011 whereby the referendum held on 5-3-2011 of the respondent No.2 Shabbir Tiles and Ceramics Limited has been questioned. Grounds urged now in the instant appeal are that 400 workers were deprived of right to franchise and secondly that section 24(2) of the Industrial Relations Act, 2010 mandates to hold referendum on the strength of 1/5 of the total strength of the workers in the respondent No.3's establishment . When the learned Counsel was confronted as to whether such ground were raised in C.P. No.S-342 of 2011, he candidly conceded that these…
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