Case Details

Citation(s)
1981 SLG 2458 1981 SLD 2458 1981 PLC 932
Labour Appellate Tribunal, Sindh
Appeal No. KAR-673 of 1980, decided on 5th February, 1981.
Z. A. CHANNA, APPELLATE TRIBUNAL

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EMPLOYEES UNION

VS

PREMIER TOBACCO INDUSTRIES LTD., KARACHI

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- --- Ss. 6 (2) (a), 22 (12) & 32 (I-A)-Industrial dispute, raising of by Collective Bargaining Agent - Trade Union of Workers of Factory as well as Head Office-Factory closed down under orders 8f Labour Court under S. O. 11-A of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and services of all employees of Factory terminated-Trade Union as Collective Bargaining Agent, in circumstances, held, could not be treated as representing employees of Factory since employees ceased to be workmen. Abdul Hakim for Appellant. Mehmood Abdul Ghani for Respondent: Date of hearing : 5th February, 1981. DECISION The appellant-Union, which claims to be the Collective Bargaining Agent in the Premier Tobacco Industries, the respondents herein, made an application under section 32 (1-A); I. R. O. for adjudication of the demands detailed in its charter of demands, appended to the main application. The learned Labour Court has dismissed the appellant­ Unions application on the ground that the respondents factory at Karachi has since been closed by order of the learned Labour Court, dated 22nd April, 1980, and service of all the employees in the factory had been terminated pursuant to the said order. . The appellant union has, accord­ingly, come up in appeal to this Tribunal against the said decision. 2. It was not disputed by Mr. Abdul Hakim, the learned counsel fox the appellant-Union, that the Karachi, factory of the respondent industries has been closed down and the service of all the employees in the factory have been terminated in pursuance of the order of the learned Labour, Court dated 22nd April, 1980, made under Standing Order 11-A. He, however, contended that the appellant-Union was not only Collective Bargaining Agent of the workers employed in the Karachi factory of the respondents but also of the employees in the Head Office of the respon­dents. The contention of the learned counsel finds support from the letter, dated 29th October, 1980, of the Registrar of Trade Union, stating that the appellant Union now remains Collective Bargaining Agent only in respect of the employees working…
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