| Citation(s) |
|---|
| 1977 SLG 1652 1977 SLD 1652 1977 PLC 371 |
Labour Appellate Tribunal, Sindh
Appeal No. HYD-311 of 1976, heard on 25th November 1976.
GHULAM RASOOL SHEIKH, PRESIDING OFFICER
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Appeal No. HYD-311 of 1976, heard on 25th November 1976.
GHULAM RASOOL SHEIKH, PRESIDING OFFICER
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MESSRS COFCOT TEXTILES LID., HYDERABAD
VS
PEOPLES UNION
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)- - S. 25-A-Appeal-Decision on preliminary objection-Also a decision, hence, appealable. M. O. Basha v. The Presiding Officer, Labour Court III, Karachi and others P L D 1975 Kar. 57 rel. (b) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A (4) & (10)-Subsection (10) of Ordinance XXIII of 1969- Cannot be read independently of subsection (4) of such Ordinance--Collective Bargaining Agent being allowed to make application on behalf of individual workers, no reason to suppose Collective Bargaining Agent's incompetency to make joint application on behalf of all workmen having common cause of action. (c) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A-Question of fact, disputed-Objection that General Secretary of Union as Collective Bargaining Agent served grievance notice when his authority from workers ceased to have effect not admitted by other party-Question involved a disputed question of fact, needing evidence-Question not having been gone into by Labour Court and Appellate Tribunal not in position to go into question, case remanded to Labour Court for taking evidence on matter and disposal of objection on meats. Ghulam Hussain for Appellant. Wasiullah Qureshi for Respondent. DECISION This appeal has been filed against the order of the Labour Court dismissing the preliminary objections. 2. The appellant terminated the services of 174 workers. It is said that the Union as Collective Bargaining Agent took up the matter with the appellant. Consequently, a grievance notice dated 10th May, 1976 was served by the General Secretary of the Union on behalf of all the workmen. Since the grievance was not redressed, an application to the Labour Court was filed by the General Secretary. 3. The application was resisted. Some preliminary objections were raised. The first objection which was taken was that every worker should have filed a separate application under Section 25-A, I. R. O. and, therefore, the joint application made by the General Secretary was not maintainable. This objection was overruled in view of subsection (10) of Section 25-A, I.R.O. as added by an amendment dated 23rd December,…
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