| Citation(s) |
|---|
| 1990 SLG 1307 1990 SLD 1307 = 1990 PLC 218 |
Writ Petition No. 52 of 1984, decided on 17th December, 1989.
Raza Ahmad Khan and Abdur Rehman Khan, JJ
NATIONAL RADIO AND TELECOMMUNICATION CORPORATION EMPLOYEES AND WORKERS' UNION, HARIPUR Through it s General Secretary
VERSUS
LABOUR APPELLATE TRIBUNAL, N.W.F.P. PESHAWAR and 3 others
Law:
Section:
RAZA AHMAD KHAN, J.--The employees of National Radio and Tele- Communication Corporation, Haripur (hereinafter referred to as NRTC) .formed a Trade Union under the name of NRTC Employees and Workers Union, Haripur (hereinafter referred to as the petitioner Union) and got it registered under section 8 of the Industrial Relation Ordinance, 1969 (hereinafter referred to as the 1R0) with respondent No. 4 the Registrar Trade Unions, appointed under section 12 IRO, at Peshawar vide its certificate of registration, dated 29th April, 197.0. It was sometimes in 1983 that seemingly NRTC through its General Manager, respondent No. 3 herein, as per his Letter No. W-93/83, dated 12-9-1983 moved respondent No. 4 for cancellation of the registration of the petitioner Union. 1t appears that the latter, vide his letter dated 13-9-1983 (Annexure `J') authorised the General Manager, NRTC under section 13(b) of IRO to lodge a complaint under section 10 (ibid) "for cancellation of registration of NRTC Employees Workers Union". Consequently a complaint to this effect was filed with respondent No. 2 on the ground that the registration of the petitioner union, being against section 1(3)(a) of 1R0, was absolutely illegal and prayed that necessary direction be issued to respondent No. 4 for the cancellation of its registration. After recording such evidence as was produced by the parties, respondent No. 2 accepted the complaint and issued direction to respondent No. 4 vide his detailed judgment dated 19-2-1984 "to cancel the registration of respondent union". An appeal was preferred before respondent No. 1 which was, however, dismissed vide judgment of the learned Tribunal dated 2-4-1984, thereby maintaining the finding of respondent No. 2. Resultantly respondent No. 4 cancelled the registration of the petitioner on 8-4-1984. The petitioner union, through its General Secretary has invoked the Constitutional jurisdiction of this Court by means of this writ petition to call into question the judgments of both the respondents 1 and 2 as also the order of respondent No. 4 , seeking a declaration to hold these as without lawful authority and thus of no legal…