Case Details

Citation(s)
1981 SLG 2077 1981 SLD 2077 1981 PLC 154
Labour Appellate Tribunal, Sindh
Appeal No. KAR-510 of 1979, heard on 29th January, 1980.
Z. A. CHANNA, APPELLATE TRIBUNAL

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EMPLOYEES UNION

VS

STATE BANK OF INDIA, KARACHI

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 32 (1-A)-Application to Labour Court-Locus standi ­General Secretary of registered Trade Union-Competent to file application except where otherwise provided in constitution of Trade Union-Constitution authorising General Secretary to sign and serve notices of demands and strike-General Secretary, in circumstances, held, deemed to be authorised to file application to Labour Court if demands are rejected and conciliation proceedings in respect of demands fail. Shalimar Silk Mills Mazdoor Union v. Management P L J 1974 Tr. C. (Lab.) 338 (2); M/s. A. I. Silk Mills Ltd.'s case 1970 P L C 662 and Karachi Warehouse Clearing Workers' Union v. Pakistan Warehouse Car­riers Workers' Union P L D 1978 Kar. 617 rel. (b) Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 32 (1-A) & 37 -Application of Trade Union relating to demands of workers-Rejected by Labour Court on grounds that (1) it was filed by a person not competent to do so, and (2) appellant-Union had not established that it was registered and was Collective Bargaining Agent-Order of Labour Court, in circumstances, held, being rejec­tion of application of Union's application in regard to its demand, amounts to an award-Hence appealable. Province of West Pakistan v. Muharram Ali 1970 P L C 408 and Mahmood Industries v. Mazdoor Union 1976 P L C 59 distinguished. M. O. Badshah v. Presiding Officer, Sind Labour Court P L D 1975 Kar. 57 rel. (c) Industrial Relations Ordinance (XXIII of 1969)- -- S. 32(1-A) read with Ss. 9 & 10-Application of Trade Union relating to its demands under S. 32(1-A)-Objection regarding cons­titution of Trade Union-Cannot be raised in proceedings under S. 32(1-A)-Union allegedly constituted in contravention of provi­sions of Ordinance-Remedy only by way of complaint by Registrar for cancellation under S. 10-Application resisted on contention that General Secretary signatory of application was not a workman, hence could not be a member of Union-Such contention, held, could not be raised in proceedings under S. 32(1-A) in presence of certificate of registration of Union-Remedy on that account, held, available only under S.…
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