Case Details

Citation(s)
1981 SLG 2422 1981 SLD 2422 1981 PLC 845
Labour Appellate Tribunal, Sindh
Appeal No. KAR-540 of 1979, heard on 27th January, 1980.
Z. A. CHANNA, APPELLATE TRIBUNAL

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CHAMPION TEXTILE MILLS LTD. KARACHI

VS

EMPLOYEES UNION

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- S. 34-Union's application lying pending before Labour Court--Registration cancelled by Registrar-Effect-Application abated--Union, in circumstances, no longer entitled to seek enforcement of any right. National Steel Mills v. Employees' Union 1975 P L C 427 rel. Mehmood A. Ghani for Appellant. Abdul Rehman, General Secretary for Respondent. Date of hearing : 27th January, 1980. DECISION This appeal is directed against an order passed by the learned Fourth Labour Court on 6th August, 1979 rejecting the objection of the appellant-Establishment that the application under section 34, I. R. O., filed by the respondent-Union stood abated, as its registration was cancel­led by the Registrar of Trade Unions by his order, dated 15th June, 1978. 2. The respondent-Union had filed an application under section 34, I. R. O., on 15th October, 1977, for payment of wages and other legal dues to the workers whose services had been terminated by the appellant establishment. This application unfortunately continued to be pending till 25th June, 1979, when the Registrar of Trade Union passed an order cancelling the registration of the respondent Union on the ground that it had ceased to exist. The appellants establishment thereupon submitted an application to the learned Labour Court on 6th August, 1979 praying that the respondent-Union's application under section 34, I. R. O., be dismissed on the ground that its registration had been cancelled. The learned Labour Court took the view that the only requirement of law was that such an application must be filed by the C.B.A., and since admittedly the respondent-Union was the C. B. A., when the said application had been filed/instituted, it was properly instituted and was required to be disposed of on merits even though the Union which had filed the applica­tion had ceased to exist. In taking this view the learned Labour Court appears to have misconstrued the legal position. An application under section 34 is not only required to be filed by the C. B. A., or an employer but further can only be for the enforcement of any right guaranteed of secured to it or him by any law, award or…
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