| Citation(s) |
|---|
| 2018 SLG 1476 2018 SLD 1476 2018 PLC 48 |
Labour Appellate Tribunal, Balochistan
Labour Appeal No. 5 of 2017, decision Dated: 25-08-2017. Hearing Date : 23-08-2017.
ZAHOOR AHMED MENGAL, MEMBER
Shahid Javed for Appellant. Abdul Zahir Kakar for
Respondent No.2.
Labour Appeal No. 5 of 2017, decision Dated: 25-08-2017. Hearing Date : 23-08-2017.
ZAHOOR AHMED MENGAL, MEMBER
Shahid Javed for Appellant. Abdul Zahir Kakar for
Respondent No.2.
PWD EMPLOYEES UNION (CBA) THROUGH PRESIDENT
VS
DIRECTOR LABOUR WELFARE/REGISTRAR, TRADE UNION, QUETTA AND ANOTHER
Law:
Section:
Balochistan Industrial Relations Act (XIV of 2010)--- ----Ss. 12, 50, 52 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Cancellation of registration of Trade Union with similar name of a registered union---Labour Court rejected stay application filed with grievance petition by the President of Collective Bargaining Agent--- Grant of temporary injunction--- Principles---Appellant/ President Collective Bargaining Agent contended that there existed pre-requisite ingredients for granting stay application--- Respondent contended that matter of true representation of workers could be resolved through evidence, so Labour Court had rightly refused stay application---Validity---Appellant had challenged the registration of the respondent Union on the ground that Registrar Trade Union had wrongly registered the Union of the respondent on the basis of bogus list of workers and respondent was not the real representative of workers---Assertion of the appellant could not be said to be true without evidence---Deep appreciation of evidence/record was not necessary to decide application for interim injunction but only tentative assessment was required to ascertain whether ingredients i.e. prima facie case, balance of convenience and irreparable loss was there---Appellant has failed to prove the necessary ingredients to get injunctive order in their favour---Labour Court had rightly assessed the material submitted by the parties and had come to right conclusion---No illegality or infirmity having been noticed in the impugned order, Labour Appellate Tribunal upheld the same and appeal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: ZAHOOR AHMED MENGAL, MEMBER.--- This appeal is directed against the Order dated 13-02-2017 passed by the Presiding Officer, 1st Labour Court, Quetta, wherein the Petition under sections 50, 52(4) read with section 12 of BIRA, 2010 and application under Order XXXIX, Rules 1 and 2, C.P.C. read with section 54 (3) of BIRA, 2010 filed by applicant/appellant was rejected. 2. Brief facts of the case are that the appellant is the President of P.W.D Employees Union Balochistan (CBA) which is established to safeguard the interests of…
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