Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 7(2)(b), 10

Law: Constitution of Pakistan, 1973

Section: 199

(a) Industrial Relations Ordinance (XXIII of 1969) S. 7 (2) (b) read with S. 10-Trade Union -Registration--Law saddles Registrar and Labour Court with responsibility for ensuring due compliance with provisions of Ordinance in regard to registration of a Trade Union-Registrar may move Labour court for cancellation of registration of Trade Union in case of cantravention of any of provisions of Ordinance. (b) Constitution of Pakistan (1973) Art. 199 and Industrial Relations Ordinance (XIII of 1969), S. 7 (2)(b)-Constitutional jurisdiction-Question of fact-Whether membership of Labour Union on date of its registration less than minimum number of members required under S. (2) (b) of Industrial Relations Ordinance-A question of fact which may best be adjudicated upon by Labour Court after due notice to parties and summoning and/or examining or recording necessary evidence Question, held, not proper subject-matter of proceedings under Art. 199 of Constitution. Date of hearing : 12th February 1980.                                                                                                                           JUDGMENT This writ petition filed by Rustam Cycle Factory Mazdoor Union was admitted on 17th March 1979 for consideration of the petitioner grievance that permitting the registration of respondent No. 1 as a Trade Union under the provisions of the Industrial Relations Ordinance, 1969, the Registrar of Trade Unions, Lahore Region, respondent No. 4, violated the provision of clause (b) of subsection (2) of section 7 of the I. R. O. which enjoins that in the event of there being more than one registered Trade Union in the establishment or group of establishments or industry, a Trade Union shall not be entitled to registration unless the Trade Union applying for regis tration has as its members not less than 1/5th of the total number of work men employed in…