| Citation(s) |
|---|
| 1977 SLG 1936 1977 SLD 1936 1977 PLC 13 |
Sindh High Court
Constitutional Petition No. 1385 of 1974, 11th October, 1976
AGHA ALI HAIDER, J
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Constitutional Petition No. 1385 of 1974, 11th October, 1976
AGHA ALI HAIDER, J
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Marie Adelaide Leprosy Centre Employees Union
VS
Registrar Of Trade Unions, Sind And Anoth2r
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 26
Keywords: Commission, Constitutional Petition, Petitioner, Proceedings, Natural Justice, Consideration, Constitution, Division, Protection, Petition, Copy, Costs, Jurisdiction, Registrar Of Trade Unions, Place, Federation, Establishment, Armed Forces, Withdrawal, Registered, Impugned Order, Order, Defence, Conditions, Verification, Prejudice, Audi Alteram, Registration Certificate, Labour Court, Provisions, Parties, Notice, Constitution Of Pakistan, Writ Jurisdiction, Cancellation Of Registration, Procedure, Government, Certificate, Rebuttal, Orders, Resolution Passed, High Court, Cancellation, Executive, Service Of Pakistan, Precedent, Director, Management, Office, Audi Alteram Partem, Trade Union, Party To The Proceedings, Plea, Interpretation, Appellate Tribunal Result: Petition allowed JUDGMENT The circumstances in which this constitutional petition has arisen briefly stated, are as follows: - 2. The petitioner-Union was registered by the Registrar of Trade Union in the year 1971. It bad raised certain demands, but there was a settlement arrived at between the petitioner and the Management sometimes in 1972. However, it was not to last long, as there was a fresh charter of demand and a notice for strike under section 26 of the Industrial Relations Ordinance, 1969. While the matters thus stood between the parties, the registration of the petitioner-Union was withdrawn by the Registrar of Trade Union, Sind, by order dated 30-10-1974. As references have got to be made to the same, and also in view of the fact that the order in a brief one, it will be in the fitness of things to reproduce the same in extenso. It reads: - "It has been held by the National Industries Relations Commission, Islama bad, on a complaint by Services Hospital, Lahore, that the Industrial Relations Ordinance is not applicable to the Services Hospital, Lahore In view of this position Messrs Marie Adelaide Leprosy Centre is not covered under the definition of 'industry'. Moreover, the Fifth Sind Labour Court, in Application No. 214/73, under section 34 of the I.R.O., 1969, entitled Adamji Foundation v. Adamji Foundation Workers' Union and another held that charitable hospitals, and such…
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