Law: Industrial Relations Ordinance, 2002

Section: 12(3)(iv)

Law: Constitution of Pakistan, 1973

Section: 199

Industrial Relations Ordinance (XCI of 2002)--- ----S. 12(3)(iv)---Constitution of Pakistan, Art.199---Constitutional petition---Cancellation of registration of a trade union by the Registrar under S.12(3)(iv) of Industrial Relations Ordinance, 2002---Procedural requirements---Issuing of show-cause notice and holding of inquiry---Petitioners were registered trade unions of Karachi Port Trust (KPT)---Registrar, Trade Union cancelled registration of petitioners under S.12(3)(iv) of Industrial Relations Ordinance, 2002 without holding an inquiry and without issuing any show-cause notice to the petitioners---Legality---Although under S.12(3)(iv) of Industrial Relations Ordinance, 2002, Registrar, Trade Union had the power to cancel registration of a trade union but such power was to be exercised only after holding an inquiry, which meant proper application of mind and providing an opportunity to the concerned union---Registrar, in the present case, neither conducted any inquiry nor any show-cause notice was ever issued to the petitioners---Constitutional petition was allowed in circumstances and letters issued for cancellation of registration of petitioners/union were set aside with the direction that Registrar, Trade Union was at liberty to take action, if any, in accordance with law. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, JUSTICE--------- This common order will dispose of both the aforesaid petitions. All learned counsel agreed to argue the whole petitions at Katcha Peshi stage. The case of both the petitioners are that they are registered Trade Unions of Karachi Port Trust. The secret balloting proceedings were initiated by the Registrar Trade Union for the Election of K.P.T. Both the petitioners through their office-bearers approached for participation in the secret balloting when for the first time they came to know that the registration of their trade unions have been cancelled by the Registrar, Trade Union in the year 2006 under section 12(3)(iv) of the Industrial Relations Ordinance, 2002, hence they have assailed the cancellation of their trade unions on the ground that neither any show-cause notice was ever issued to them nor any inquiry was conducted…

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