| Citation(s) |
|---|
| 1977 SLG 1486 1977 SLD 1486 1977 PLC 1 |
Lahore High Court
Writ Petition No. 1014 of 1976, decided on 23rd July 1976.
GUT MUHAMMAD KHAN, J
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Writ Petition No. 1014 of 1976, decided on 23rd July 1976.
GUT MUHAMMAD KHAN, J
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RIAZ HUSSAIN SHAR AND 23 OTHERS
VS
PUNJAB LABOUR COURT No. 2, LAHORE AND 7 OTHERS
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)- -- Elections of Union-Can be set aside only on ground of malpractices, illegalities or corrupt practices affecting materially result of such elections-Legislature never intended interference of Labour Court on arbitrary, fanciful or flimsy grounds-Objection of 7 persons to an election of Union with over 1500 members-Held, cannot he a valid ground to interfere with election. The elections could be set aside only if there was some evidence of mal-practices, illegalities or corrupt practices affecting materially the result of elections as is the well-established rule in such cases. The Scheme of the Ordinance shows that the Legislature never intended any interference of the Labour Court on arbitrary, fanciful or 19irnsy grounds. In any case, it cannot be a valid ground to interfere if seven persons object to an election of a Union with over 1500 members. (b) Industrial Relations Ordinance (XXIII of 1969)--- Ss. 8 & 10-Objection to constitution of Union being repugnant to certain rules-Can only be taken note of by Registrar who can lodge a complaint with Labour Court under S 10-Labour Court cannot take up such issue sun moth but can, in complaint under S. 10 direct Registrar to cancel registration-Labour Court, however, not empowered to direct Registrar to hold meeting of general body for purpose of amending constitution. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---Election of Union-Meeting held arid elections conducted in presence of representative of Registrar-Objections raised not supported by evidence-Elections, held, could not be set aside by Labour sura in circumstances of case. Muhammad Nawaz Kasuri for Petitioner. Nemo for Respondent No. 1. Abid Hassan Minto for Respondents Nos.2 to 8. JUDGMENT The petitioners and respondents 2 to 8 are members of Refinery Employees' Union (Regd.). Attock Oil Company Limited, Refinery Morgah, Rawalpindi (hereinafter called the Union). Their present litigation finds its origin in the order dated 5th February, 1975, of the Punjab Labour Court No. 2, respondent No. 1, wherein the following observations were made: - "For the foregoing discussion I dismiss the…
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