| Citation(s) |
|---|
| 2016 SLG 2819 2016 SLD 2819 2016 PLC 306 |
Supreme Court (AJ&K)
Civil Appeals Nos. 121 and 122 of 2013, heard on 26th May,2014, Date of hearing: 26th May, 2014.
CH. MUHAMMAD IBRAHIM ZIA, JUSTICE, RAJA SAEED AKRAM KHAN, JUSTICE
Riaz Tabassum and Zaffar Hussain Mirza, Advocate for Applicants (in C.A. No.121 of 2013).Muhammad Idrees Mughal, Advocate for
Respondents (in C.A. No.121 of 2013).Muhammad Idrees Mughal, Advocate for Appellants (in C.A. No.122 of 2013).Muhammad Riaz
Civil Appeals Nos. 121 and 122 of 2013, heard on 26th May,2014, Date of hearing: 26th May, 2014.
CH. MUHAMMAD IBRAHIM ZIA, JUSTICE, RAJA SAEED AKRAM KHAN, JUSTICE
Riaz Tabassum and Zaffar Hussain Mirza, Advocate for Applicants (in C.A. No.121 of 2013).Muhammad Idrees Mughal, Advocate for
Respondents (in C.A. No.121 of 2013).Muhammad Idrees Mughal, Advocate for Appellants (in C.A. No.122 of 2013).Muhammad Riaz
Civil Appeal No.121 of 2013UBL PROGRESSIVE EMPLOYEES UNION THROUGH PRESIDENT AND 2 OTHERSVSUNITED BANK LIMITED AND 5 OTHERSCivil Appeal No.122 of 2013UNITED BANK LIMITEDVSREGISTRAR TRADE UNIONS IN AZAD JAMMU AND KASHMIR AND 7 OTHERS
Law:
Section:
(a) Azad Jammu and Kashmir Industrial Relations Ordinance, 1974--- ----Ss. 5, 6, 7, 10, 12 & 13---Registration/cancellation of Trade Union--- Remedy against--- Proceduure--- "Workman"---Determination---Scope---High Court had quashed order of Registrar Trade Union with regard to registration of Trade Union---Validity---Only a workman actually employed could be a member of Trade Union---If any of the members of trade union was not a workman then such Trade Union could not be registered---Question whether all the members and office bearers of the union were workmen or not, was to be determined by the Registrar Trade Union---If Registrar TradeUnion refused to register a Trade Union or failed to issue certificate then Union might file an appeal in the Labour Court---Only one appeal had been provided against non-registration of union---No appeal against registration of Trade Union could be filed---Employer had no right to file appeal against the registration of Trade Union---Registration of Trade Union could be cancelled by the Labour Court on the complaint of Registrar Trade Union---Registrar Trade Union was to make inquiry and if facts were mis-stated or registration of union was violative of provisions of Azad Jammu and Kashmir Industrial Relations Ordinance, 1974 then he might make complaint to the Labour Court for cancellation of Trade Union---Employer could file application for cancellation of Trade Union to the Registrar Trade Union---Nothing was on record that nature of duties of office bearers of union was such that they could not be termed as workmen---Question whether an employee would fall in the category of "workman" or not could not be determined from his designation rather it had to be determined from the nature of duties he performed---Such controversy could not be resolved without relevant record---Employer/Bank having accepted the jurisdiction of Registrar Trade Union Employer/Bank to register Trade Union of Workmen, was estopped from taking position that Azad Jammu and Kashmir Industrial Relations Ordinance, 1974 was not applicable on Banks---Bank might file application before the Registrar Trade Union for initiating inquiry and making…