Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34, 22(1)

  Industrial Relations Ordinance (XXIII of 1969) S. 34 read with S. 22(1)-Application to Court-Locus stand Collective bargaining agent only can make application-Workers' Union not registered-Not a Collective bargaining agent hence incom petent to make application. Date of hearing: 18th August 1973.                                                                                                                             DECISION This is an appeal against an award of the learned Presiding Officer of Sind Labour Court No. V, Karachi, dated May 14, 1971, whereby the learned Labour Court came to the conclusion that 21 worker had been locked out and they were entitled to restoration in service with full back benefits. The appellant's case was that it had not locked out these workers, but bad terminated the services of some of them, who were in its employment en the ground that they had gone on illegal strike. The appellant from the very beginning contended that the application under section 34 of the Industrial Relations Ordinance, 1969 hereinafter called the Ordnance), was not maintainable, inasmuch as the Sartaj Hotel Workers' Union (hereinafter called the respondent-Union), as not a registered Trade Union. The learned Labour Court did not apply its mind to this question and omitted to give any finding on this point. 2. This appeal can be disposed of on the short ground that the application under section 34 of the Ordinance was not maintainable, as the respondent-Union was not a registered Union on the 7th of February 1973, when the application was made. The application was filed by Mushtaq Ahmed Siddiqui, General Secretary of the Union In Paragraph 1 of the application, he stated that the applicant-Union was a registered Trade Union. In Paragraph 3, of the application, it was stated that the Union came into existence on 27th January 1973, and…