Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 8(3), 37, 38(3-a)

Industrial Relations Ordinance (XXIII of 1969) Ss. 8(3), 37 & 38(3-a)-Revision-Judgment of Labour Court relating to registration of a Trade Union under S. 8(3)-Not an Order hence not open to revision by Labour Appellate Tribunal. Under section 37 of Industrial Relations Ordinance, 1969 only "award", "decision" and "sentences" are made appealable before the Labour Appellate Tribunal. Under section 38(3-ct) the Tribunal is con ferred suo motu revisional jurisdiction only against "order" of a Labour Court. Thus, the scheme of the Industrial Relations Ordinance, 1969 seems to be that appeals are provided under section 37(3) against "decisions", "awards" and "sentences", while orders are made revisable under section 38(3-a). No provision of appeal or revision has been made against the word "judgment" used in section 8(3). The intention of the Legislature in this behalf seems to be that the "judgment" of a Labour Court, while disposing off an appeal filed by a Trade Union against the order passed by a Registrar of Trade Unions rejecting its application for registration or delaying the disposal of the application beyond the period of fifteen days or not issuing the certificate of registration within a period of three days, has not been made either appealable under section 37(3) or, revisable under section 38(3-a). Keeping in view the importance of formation of Trade Unions, the Legislature thought it proper to use different terminology in section 8(3) so as to provide protection to such judgments and not to make them appealable or revisable.                                                                                                                                 JUDGMENT On 1.5A-1980 the Workers' Union of Pans Textile Mills Limited, Samma Satta,…