Case Details

Citation(s)
1982 SLG 1691 1982 SLD 1691 1982 PLC 1038
Sindh High Court
Constitutional Petition No. S/60 of 1979, decided on 27th January, 1982.
B. G. N. KAZI, J

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GUL AHMED TEXTILE MILLS LTD.

VS

REGISTRAR OF TRADE UNIONS AND 2 OTHERS

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 7, 8 & 10 -Registration of Trade Union-Application by union made validly-Registrar raising certain objections which were also replied to -Reply of union not taken into consideration ­Registrar neither registering nor communicating rejection within prescribed period of 15 days and thereafter without taking into consideration reply of union against certain objections sending rejection letter-Labour Court on appeal of union directing Regis­trar to issue registration certificate-Order of Labour Court challenged by employer before High Court by constitutional peti­tion-Four Unions already existing in establishment-Remedy for cancellation of registration of union otherwise available under S. 10-Four trade unions already existing hence registration of fifth union, held, could not be understood to have adversely affec­ted the employer -Interference in writ jurisdiction refused by High Court-Writ jurisdiction--Constitution of Pakistan, 1973, Art. 199. Abdul Jalil v. Registrar of Trade Union, West Pakistan, Lahore and another 1971 P L C 507; Bata Shoe Company (Pak.) Ltd., Karachi v. Registrar of' Trade Unions, Sind and 2 others P L D 1978 Kar. 567 Syed Mushtaq Hussain Shah v. Riaz Muhammad Hazarvi and another P L D 1978 Kar. 612 and Rustam Cycle Factory Mazdoor Union v Rustam and Sohrab Cycle Factory Labour Union and 3 others 1981 P L C 414 rel. Mian Fazaldin v. Lahore Improvement Trust, Lahore and another P L D 1969 S C 223 ref. Khalid M. Ishaque for Petitioner. Shahenshah Hussain and Mirza Muhammad Kazim for Respondent No. 3. Dates of hearing: 7th December, 1980; 28th May; 1st November, 1981 and 18th January, 1982. JUDGMENT The petitioner, a public limited Company, seeks to challenge the order of the IVth Sind Labour Court, Karachi dated 16th May, 1978, accepting the appeal of respondent No. 3 against the order of the Re­gistrar, Trade Unions dated 30th March, 1978, whereby the application for registration of respondent No. 3 was rejected, and directing respon­dent No. 1 to issue registration certificate in favour of respondent No. 3 forthwith. The facts leading to the filing of the Petition briefly stated are…
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