Law: National Industrial Relations Act, 2012

Section: 14, 57

Industrial Relations Act (X of 2012)--- ----Ss. 14 & 57---Punjab Industrial Relations Act (XIX of 2010), Preamble--Registration of Trade Unions/Federations/confederations, matter of---National Industrial Relations Commission /NIRC, powers of---Trade Union seeking registration on similar / existing name---Provincial Registrar Trade Unions, powers / responsibilities of---Appellant (All Pakistan Trade Union Federation) was aggrieved of respondents registration (issuance of certificate) by the Registrar Trade Unions Punjab by the name of All Pakistan Trade Union Federation Punjab--Stance of the respondents was that the Punjab Industrial Relations Act, 2010 ( the PIRA, 2010 ) does not prohibit the registration of unions / federations with same, similar or identical name---Whether the Provincial/Punjab RTU could entertain any application for registration of another federation in the name and style of the respondents---Held: Section 14 of Industrial Relations Act , 2012 ( the IRA, 2012 ) makes it abundantly clear that no trade union, federation and confederation can be formed and seek its registration having same, similar on identical name---There is no difference between the names of appellant and respondent except that respondent added word Punjab at the end of name of appellant ("ALL PAKISTAN TRADE UNIONS FEDERATION") which was artful, cunning, deceptive, insidious and sneaking---Law does not only prohibit the registration if the name is same but if it is similar or identical in essence if names are alike and indistinguishable---The name of respondents conveyed as if respondents was Punjab chapter of the appellant---Admittedly, the appellant / federation was registered about two decades ago and vide letter of even date said fact was communicated to the provincial Registrars including Provincial RTU (Respondent)---It appeared that Provincial RTU (Respondent) did not hold a proper inquiry to ascertain the fact that name being used by the respondents was already registered with NIRC---The IRA, 2012 is a Federal statute, which empowers NIRC to take notice of certain acts and proceedings initiated before the Labour Courts and provincial RTUs---Subsections…