Case Details

Citation(s)
2018 SLG 1680 2018 SLD 1680 2018 PLC 205
Labour Appellate Tribunal, Balochistan
Labour Appeal No. 6 of 2017, decided on 29-08-2017. Date of hearing: 23-08-2017.
ZAHOOR AHMED MENGAL, MEMBER
Shahid Javed for Appellant. Abdul Zahir Kakar for
Respondents Nos.1 and 2.

IRRIGATION LABOUR UNION BALOCHISTAN THROUGH PRESIDENT

VS

BALOCHISTAN IRRIGATION EMPLOYEES UNION THROUGH PRESIDENT AND ANOTHER

Law:

Section:

Balochistan Industrial Relations Act (XIV of 2010)--- ----Ss. 6, 13 & 55---Registration of third trade union in presence of two trade unions---Pre-requisites---Labour Court had cancelled the registration certificate of third trade union as were already existing---Appellant/third trade union contended that Labour Court had not given opportunity to lead the evidence---Office bearers of two trade unions contended that registration certificate was issued in connivance with the Registrar of Trade Unions---Validity---Record revealed that appellant had applied for registration of third union as there already existed two registered unions---Section 6(2)(b) of Balochistan Industrial Relations Act, 2010 stipulated that when there were two or more registered unions in the establishment or group of establishments or industry with which the trade union was connected then one fifth membership of the total number of workmen employed in such establishment, group of establishments or industry for third union was mandatory---Appellant failed to fulfill the numeric strength required for the registration of union---Inquiry conducted by Research Officer was also in favour of the stance of respondents---Contention of appellant as well as the act Registrar of Trade Unions had no support from the record, therefore, in presence of clear law there was no need of further inquiry or leading of any evidence---Registrar of Trade Unions had already cancelled the registration of appellant soon after announcement of Labour Court's ---Labour Court had rightly reached to the conclusion that appellant was wrongly registered by the Registrar against the clear directions of law. THIS JUDGMENT DELIVERED BY: ZAHOOR AHMED MENGAL, MEMBER.--- 1 Mr. Shahid Javed, Advocate learned counsel for the appellant and petitioner filed two matters as Revision Petition No.02/2017 under section 115, C.P.C. read with section 55 of the BIRA, 2010 and Appeal No. 06/2017 under section 13 read with section 55 of BIRA, 2010 against the order dated 16-03-2017. I will dispose of both the Revision No. 2/2017 and Appeal No.06/2017 by this common judgment. Facts of Appeal: 2. Precise facts of the appeal are that the…
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