Case Details

Citation(s)
1971 SLG 3017 1971 SLD 3017 = 1971 PLC 42
Sindh Labour Appellate Tribunal
Trader Union Appeal No. 266 of 1970, decided on 10th August 1970
Presented By: Md. Nurul Islam Khan, Chairman S. A. Haleem and M. Karim, Members

THE EAST PAKISTAN AIRLINES PILOTS ASSOCIATION,

VERSUS

, THE REGISTRAR OF TRADE UNIONS GOVERNMENT OF EAST PAKISTAN

Law:

Section:

(a) Industrial Relations Ordinance (XX111 of 1969), S. 8(3) Registration of Trade Union-Appeal to Labour Court- Scope- Court not only to see non-compliance of procedure by Registrar but also to examine any defect or deficiency in application for registration of Trade Union. The Registrar after receiving application for registration of Trade Union neither made any objection within 15 days time as required under section 8(I) of the Industrial Relations Ordinance, 1969 nor registered it even after expiry of 60 days time. The appellants in appeal before the Labour Court under section 8(3) of the Ordinance contended that the Court should not go into the formalities and intricacies of legal requirements of Registration but confine itself to the question of non-compliance of the procedure by the Registrar and issue directions for registration of the Trade Union. Held: The Labour Court cannot remain content to scrutinise the procedural defects of the Registrar, only while there is an application pending with prayer to direct him to register the Trade Union. The. Labour Court should also examine whether things standing as they are, the Registrar of trade Union could register the Trade Union and whether there sire any objections Which could be validly raised by the registrar. For the laches of the Registrar of Trade Unions a Trade union cannot be registered against the legal provisions of law irrespective of the merit. A Trade Union for its registration must comply with certain provision of law, and the mere failure of the Registrar to communicate hi-i objection to the Trade Union within time does not remove the deficiency of the Trade Union, if there be any. (b) Industrial Relations Ordinance (XX 111 of 1969), S. 3(a) Craft Union Cannot be refused registration-Workers can combine on regional basis or on basis of particular category of workers. The application for registration of the Trade Union of Pilots of the P. I. A. C. restricting its membership to only the Pilots hailing from East Pakistan was contested by the Registrar on the grounds that the regional restriction was opposed to section 3(a) of the Industrial Relations Ordinance, 1969 and that such a Trade Union…
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