| Citation(s) |
|---|
| 1977 SLG 1677 1977 SLD 1677 1977 PLC 421 |
Sindh High Court
Constitutional Petition No. 149 of 1974, decided on 15th November 1976.
NAIMUDDIN, J
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Constitutional Petition No. 149 of 1974, decided on 15th November 1976.
NAIMUDDIN, J
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CANTEEN STORES DEPARTMENT, KARACHI
VS
SIND LABOUR COURT No. V AND 2 others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)- -----Ss. 1(3) & 8-Application of Ordinance-Registration of Trade Union-Canteen Stores Department 17eld, exempted under S. 1(3) from provisions of Ordinance-Trade Union formed by employees of such establishment could not be registered under S. 8. Abdul Razzak v. Pakistan Red Cross Society and another W. P. No. 332 of 1973 and United Builders a Associates v. Presiding Officer, Punjab Labour Court No. 1. Lahore and others 1976 P L C 855 rel. Abdul Razzak v. Pakistan Red Cross Society and another Writ Petition No. 332 of 1953 and The General Manager, Cantt. Stores Department v. Lt.-Col. Mohammad Zaman Khan (Retd.) 1st Appeal No. 434 of 1970 not applicable. Obaidur Rehman for Appellant. Amanullah Qadri for Respondent. Dates of hearing : 10th December 1975 and 15th November 1976. JUDGMENT This is a petition under Article 199 of the Constitution, whereby the petitioner has sought a declaration that the registration of the Canteen Store Department Employees' Welfare Union, respondent No. 3 (hereinafter called the Union), granted by the Registrar, Trade Unions, Sind, respondent No. 2, under the Industrial Relations Ordinance, 1969 thereinafter called the I. R. O.) is without lawful authority and of no legal effect and the proceedings initiated by the Union in Industrial Dispute No. 422(47) under, section 32(1)(a) are also without lawful authority and be quashed. 2. The facts, giving rise to this petition briefly stated are that on the 7th August, 1912, on an application made by the Union to the Registrar, Trade Unions, Karachi, he granted to them a certificate of registration. Thereafter, the Union submitted a charter of demands under section 26(1) of the I. R. O. to the petitioner and on 30th September, 1972, the Union served another notice under section 26(3) of the I. R. O. for conciliation and strike and on coming to know of the registration through the abovementioned notices, the Registrar, Trade Unions, filed an application under section 10 of the I. R. O. with Sind Labour Court V for cancellation of the registration of the Union. During the pendency of this application, the Union also filed an application under…
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