Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)----- --- Ss, A 19(iii) - Cancellation of registration of Union -­Establishment closed temporarily with Courts permission-Employer terminating services of all workers also-Registrar, in circumstances, hed, could not presume without inquiry that Union had ceased to exist-Cancellation of registration on such presumption, held, not sustainable. DECISION This is an appeal under section 11 of the Industrial Relations Ordinance, 1969 against the order dated 21-6-19;6 of the Registrar of Trade Unions, Sargodha Region, Lyallpur, whereby the petitioner-Union was cancelled. 2. The petitioner is a Trade Union bearing the name of Miari Textile Mills and Industries Workers Union, Lyallpur. Its General Secretary entered into an agreement on 17-6-1976 with the employer that the establishment would be closed from 18-6-1976 to 18-8-76 due to financial stringency and if the financial condition improved the factory would be re­started on 18.8-76. On 18-6-76 the employer filed a petition in this Court under Standing Order I1-A for obtaining permission to close down the whole of the establishment. The General Secretary of the Union appeared in this Court on the same date and confessed judgment. On the basis of his statement the petition was accepted by this Court and necessary permission to close down the whole of the establishment was granted. 3. On the same date i.e. 18-6-1976 the employer terminated the services of all the workers, on the plea that this Court had given permission to close down whole of the establishment. The Registrar of the Trade Union cancelled the petitioner-Union on 21-6-1976 on the basis, firstly, that this Court had given permission to close down the whole of the establishment and secondly that all the workers had been terminated. 4. The order of the Registrar is in violation of natural justice. He had to give a finding under the provisions of section 19 (iii) of the Industrial Relations Ordinance, 1969 as to whether the Trade Union had ceased to exist. This provision is laid down for reference :- The…

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