Case Details

Citation(s)
2012 SLG 470 2012 SLD 470 2012 CLC 369
Sindh High Court
High Court Appeal No.205 of 2009 and Constitutional Petitions Nos. S-245 and S-282 of 2008, decision dated: 29-08-2011
MUSHIR ALAM, C.J. AND NISAR MUHAMMAD SHAIKH, J

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THATTA CEMENT COMPANY EMPLOYEES UNION through GENERAL Secretary

VS

REGISTRAR TRADE UNIONS, HYDERABAD REGION and 2 others

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Constitution of Pakistan, 1973

Section: 199

Law: Industrial Relations Ordinance, 2002

Section: 3,4,5,6,7,8,9(5)

(a) Law Reforms Ordinance (XII of 1972)------S. 3, proviso---Industrial Relations Ordinance (XCI of 2002), Ss. 3, 4, 5, 6, 7, 8 & 9(5)---Intra-court appeal---Maintainability---Registration of trade union---Right of appeal---Order of registration of trade union, was assailed by employer company and the same was maintained by Single Judge of High Court---Plea raised by respondent trade union was that intra-court appeal was incompetent on account of bar contained in proviso to S.3 of Law Reforms. Ordinance, 1972, as order under appeal was passed in Constitutional petition under Art.199 of the Constitution, which had arisen out of the proceedings commenced before Registrar, trade unions on application of respondent 'trade union and order for grant of such certificate of registration of trade union, issued by Registrar in favour of respondent trade union was an original order passed in such proceedings, in which right of appeal was provided under S.9(5) of Industrial Relations Ordinance, 2002---Validity---Bar contained in proviso to S.3 of Law Reforms Ordinance, 1972, was applicable---Intra-court appeal was dismissed in circumstances. Workers' Union of PIA, Institute of Planetaria, Karachi v. Fida Muhammad Khan and another Civil Appeal No.365 of 1993 and Abdul Sattar v. Messrs S.G.S. Pakistan (Pvt.) Ltd. and another PLD 2011 Sindh 40 rel (b) Industrial Relations Ordinance (XCI of 2002)--- ---Ss. 3, 4, 5, 6, 7 & 8---Civil Procedure Code (V of 1908), S.11---Constitution' of Pakistan, Art.199---Constitutional petition---Res judicata, principle of---Applicability---Registration of trade union---Petitioner trade union assailed registration of respondent trade union before High Court in exercise of Constitutional jurisdiction---Similar petition filed by employer company had already been dismissed by,.. High Court---Effect---Grant of certificate in issue in respect of respondent trade unions, issued by Registrar, trade unions stood maintained on dismissal of Constitutional petition and appeal filed against such decision had also been dismissed, therefore, grant of the registration could not be cancelled or set aside by High Court in subsequent petition, especially…
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