Case Details

Citation(s)
2016 SLG 2797 2016 SLD 2797 2016 PLC 160
Labour Appellate Tribunal, Sindh
Appeal No. KAR-10 of 2015, Dated: 7th October, 2015.
ALI SAIN DINO METLO, MEMBER

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MESSRS KARACHI CLUB STAFF WORKERS UNION THROUGH GENERAL SECRETARY

VS

PRESIDING OFFICER, SINDH LABOUR COURT NO.5 AND ANOTHER

Law:

Section:

Sindh Industrial Relations Act (XXIX of 2013)--- ----Ss. 2(ix), (xxx), 12(1) & 48---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(b)(f)--- Cancellation of registration of Trade Union---Registration of Trade Union, was cancelled by the Labour Court on the ground that establishment (Club) being neither Industrial nor Commercial, its employees could not form Trade Union--- Validity---Sindh Industrial Relations Act, 2013, was applicable to "Establishments" and "Industries", while the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, was applicable to 'Industrial Establishment' and 'Commercial Establishment'---Definition of "Establishment" and 'Industry' given in the Sindh Industrial Relations Act, 2013, was wider than the definition of 'Industrial Establishment' and 'Commercial Establishment', given in the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---'Club' was "Commercial Establishment" as defined in the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Labour Court did not correctly held that Club was not 'Establishment' or `Industry '---Earning of profit, was not essential for an 'Industry', and Trade Union, could be formed in a non-profit organization---Act of Labour Court, besides being illegal, was also improper and mala fide-Impugned order was set aside and Labour Court was directed to keep the registration of appellant Trade Union intact. 2008 PLC 58; 1993 PLC 543; 1989 PLC 760; PLD 1980 SC 307 = 1982 SCMR 126 and 2010 PLC 20 ref. THIS JUDGMENT DELIVERED BY: ALI SAIN DINO METLO, MEMBER:---.---- The appellant has challenged order dated 5th January, 2015, of the Sindh Labour ' Court No.V, Karachi, permitting/directing the respondent # 2 (Registrar Trade Unions Sindh) to cancel registration of the appellant union. 2. Briefly, the facts are that two trade unions i.e. Karachi Club Employees Union, registered on 4th October, 1962, and Karachi Club Staff Workers Union (appellant), registered on 3rd January, 2012, were working in the establishment of Karachi Club. 3. On 6th September, 2014, the respondent # 2, at the instance of Karachi Club, filed…
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