Case Details

Citation(s)
1982 SLG 1634 1982 SLD 1634 1982 PLC 843
Labour Appellate Tribunal, Sindh
Application No. KAR-37 of 1982, heard on 3rd February; 1982.
Z. A. CHANNA, APPELLATE TRIBUNAL

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IFTIKHAR HUSSAIN AWAN

VS

TROLLOPE COLLS CEMENTATION OVERSEAS LTD. WORKERS UNION

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ---S. 8(3) -Registration of a Trade Union by Registrar under orders of Labour Court-Cannot be challenged by employer on objection that workers were not its employees-Employer can raise objection as to legality of registration of Union including objection that Union does not have at least one-third of total number of work­men employed by it an members of the 'Union when the Union seeks to be declared as Collective Bargaining Agent. Bata Shoes Company v. Registrar of Trade Unions, Sind and 2 others P L D 1978 Kar. 569 rel. Syed Naeem Bukhari for the Company. Shafiq Qureshi for Workers' Union. Jehangir Azar, Assistant Director for Director Labour. Date of hearing: 23rd February, 1982. DECISION The record and proceedings in application No. I of 1982, Trollope Colls Cementation Overseas Ltd., Workers' Union v. Registrar, Unions culminating in the judgment passed by the learned 1lnd Labour Court on 1st February, 1982 directing the Registrar of Trade Unions to register the Trollope Coils Cementation Overseas Ltd. Workers' Union, was called for in exercise of the sue motu powers of revision of this Tribunal, to examine the legality, correctness and propriety of the said order The main ground on which this exercise was entered into was that whereas the Workers' Union claims that they are the employees of the Trollope Coils Cementation Overseas Limited, the company's case is that the workers are in fact employees of the Agha Khan Foundation and Projects. On 17th February, t982 the learned counsel for the Agha Khan Founda­tion and Hospital appeared before this Tribunal and made a statement that the Agha Khan Foundation and Hospital were not desirous of being made a party to these proceedings as it is not their claim that they are the employers of the workers employed by the Trollope Coifs Cementation Overseas Limited who wish to form a Union of workmen. 2. Apart from the above statement made by the learned counsel for the Agha Khan Foundation and Hospital, the claim of Trollope Coils Cementation Overseas Ltd., that the workers employed in the project are in fact the employees of the Foundation can be appropriately gone in to…
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