| Citation(s) |
|---|
| 1976 SLG 784 1976 SLD 784 1976 PLC 410 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-709 of 1973, decided on 2nd November 1973.
LNAMULLAH KHAN, APPELLATE TRIBUNAL
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Appeal No. KAR-709 of 1973, decided on 2nd November 1973.
LNAMULLAH KHAN, APPELLATE TRIBUNAL
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JINNAH POSTGRADUATE MEDICAL CENTRE EMPLOYEES ASSOCIATION
VS
REGISTRAR, TRADE UNIONS
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)- Ss. 10, 11 & 13(b)-Cancellation of registration-Authority to move Labour Court-Registrar competent to authorise any one to lodge complaint with Labour Court-Delegation of such power by Registrar Question of fact-Not raised before Labour Court-Cannot be raised in appeal-Complaint filed before Labour Court by Deputy Director (Registration)-Contention that complaint not having been filed by Registrar was not maintainable-Question whether Deputy Director (Registration) was authorised by Registrar under S. 13(b) to make complaint not raised before Labour Court-Such question of fact,, held, could not be raised in appeal. (b) Pakistan Essential Services (Maintenance) Act (LIII of 1952)- S. 7-A read with Industrial Relations Ordinance (XXIII of 1969),. S. 10-Provisions of Pakistan Essential Services (Maintenance) Act, 1952-Not in conflict or contrary to provisions of Industrial Relations Ordinance, 1969 so as to debar a Union from mere registration Contention that Workers' Union ceased to exist merely by extension of unfounded provisions . Essential Services (Maintenance) Act. 1952, held, unfounded. (c) Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 1(3) & 10-Registration of Union sought to be cancelled for reasons that persons "employed in administration of State" were enrolled as its members-Labour Court, held, could not accept mere opinion of Registrar-Question being of fact must be decided by Labour Court on evidence supporting contention of Registrar, after applying its own mind. Mirza Abdur Rashid for Appellant. Khaliquzzaman for Respondent. Date of hearing : 2nd November 1973. DECISION This is an appeal against an order of the learned Presiding Officer of Sind Labour Court No. III, Karachi dated 9th October 1973 whereby the learned Labour Court ordered the registration of the appellant Union to be cancelled. The facts necessary for the disposal of this appeal briefly put are these. 2. The Deputy Director (Registration), for Registrar of Trade Unions, Karachi, made an application on 6th March 1972, under section 10 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance),…
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