Case Details

Citation(s)
1981 SLG 2461 1981 SLD 2461 1981 PLC 958
Labour Appellate Tribunal, Sindh
Appeal No. KAR-60 of 1981, decided on 15th February, 1981.
Z. A. CHANNA, APPELLATE TRIBUNAL

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MERCHANT NAVY SEAMENS UNION

VS

REGISTRAR OF TRADE UNIONS, KARACHI

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)---- -- S. 10(1)--Proceedings for cancellation of registration of Trade Union--Requirement-Complaint in writing by Registrar-­Presentation of complaint personally by Registrar--Not essential­ Complaint resented by Assistant Director, Labour having been made in wring by Registrar, held, quite valid. (b) Industrial Relations Ordinance (XXIII of 1969)--- -- Ss. 10 & 11-Complaint for cancellation -of registration made by Registrar-Made initially against General Secretary of Trade Union-Subsequently on application allowed by Labour Court Trade Union substituted as respondent-No objection raised on such substitution-Trade Union contesting complaint-Objection as to improper parties raised in appeal, in circumstances, rejected. (c) Industrial Relations Ordinance (XXIII of 1969) -- --- Ss. 10 do 21 read with Industrial Relations (Sind) Rules, 1973, r. 10-Submission of return-Registration of Trade Union can­celled by Labour Court for failure in submission of annual accounts to Registrar within prescribed time-Contention that mere failure to comply with provisions of law did not amount to its contravention -Non-submission of accounts return by due date in spite of show-cause notice by Registrar, in circumstances, held violation of provisions of S. 21 amounting to contravention of law. (d) Industrial Relations Ordinance (XXIII of 1969)-- --- S. 10-Cancellation of registration of Trade Union-Union not holding general body meeting for 4 years (since August, 1976) as per requirement of its constitution-Explanation that meeting not held due to circumstances in country-Not a valid ground­ Martial Law Regulation 23 promulgated in September, 1977 permitting holding of such meetings and elections of Trade Unions­ Contravention of constitution of Trade Union, in circumstances, held, rightly treated as falling within mischief of S. 10 for cancella­tion of registration. (e) Industrial Relations Ordinance (XXIII of 1969)-- -- Ss. 7(1)(j) & 10-General Secretary of Trade Union continu­ously holding office since 1961-Whether a ground for cancellation of registration-Section 7, held, deals with requirements for registration No…
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