Law: Industrial Relations Act, 2012

Section: 11(i)(c),11(3)

Industrial Relations Act, 2012-- ----S. 11(i)(c) & 11(3)--Application for registration of union--Accepted--Non fulfillment of requirement--Application for cancellation of registration--Matter was inquired--Inquiry report--Filling of reference for seeking permission for cancellation of registration--Accepted--Cancellation order--Challenge to--Period mentioned for cancellation under Section 11 (c) of IRA, 2012 is seven days is not mandatory but directory as it does not envisage any consequences in case of non-compliance within specified period--Learned RTU has rightly cancelled appellant union after recourse to due course of law i.e. filing reference, obtaining permission from Bench of Commission and after adopting due process cancelled union--Appeal was dismissed. PLD 1974 SC 134 & 1975 PLC 822, ref. THIS ORDER PASSED BY: MIAN SHAKIRULLAH JAN, CHAIRMAN---.---- The appellant through the titled appeal assailed the order dated 18-02-2019 passed by the Registrar Trade Union whereby the registration of the appellant union was cancelled. 2. Shortly the facts of the case are that the appellant has filed an application for registration of the union which was accepted and the appellant union was registered vide order dated 26-02-2018. However, after registration of the appellant, the management has filed an application for cancelation of registration of the appellant union on the grounds that the union has not fulfilled the requirement of l/5th membership of the total workmen and that the union has only membership in the province of Sindh and the members of the union have been terminated by the management. On the application moved by the management Deputy Registrar was directed by the RTU to enquire into the matter and submit his report, and in view of the report submitted by the Deputy Registrar, he was directed to move a reference before the Commission for seeking permission to cancel the appellant union. On the reference permission was accorded and finally the registration of the appellant union was cancelled vide order dated 18-02-2019. Feeling aggrieved by the said the appellant has filed the titled appeal. 3. Learned labour representative of the appellant…

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