Case Details

Citation(s)
1986 SLG 1878 1986 SLD 1878 1986 PLC 32
Sindh High Court
Constitutional Petition No. S-47 of 1984, decided on 13th August, 1985.
IBADAT YAR KHAN, J

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K.M.C. SANITARY AND GENERAL EMPLOYEES UNION

VS

PRESIDING OFFICER, SIND LABOUR COURT No. 1 and 5 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S. 10--Cancellation of registration of trade union--Such registration having been granted as compromise before Labour Court in pending appeal against refusal by Authority to register same--As result of compromise there being no decision before High Court to be examined on merits, High Court, held, not to import its own views without material and evidence submit by parties before Authority, and verdict of such authority brought before High Court--Case remanded to Authority with direction that whole controversy should be properly examined-­Applications for registration to be disposed of according to law after notice to petitioner union. Rashid Ahmed for Appellant.'' Abdus Sattar Shaikh, A.A. -G. for Respondents Nos. 1 and 2. S.M. Muslim Naqvi for Respondent No. 3. Mirza Muhammad Kazim for Respondents Nos. 4, 5 and 6. Date of hearing: 13th August, 1985. JUDGMENT Petitioner is one of the Trade Unions of the employees of the Karachi Metropolitan Corporation. The petitioner also happens to be the collective bargaining agent for K. M.C. employees, which may be called an establishment. Respondents Nos. 4, 5 and 6 are also Trade Unions of workers but are serving under Karachi Water and Sewerage Board, who though not respondent, are represented by Mr. Umar Yousuf Deda on Court notice. The grievance raised in this petition is that respondents Nos. 4, 5 and 6 have been registered as Trade Unions of employees serving under the Karachi Water and Sewerage Board and perhaps are aspiring to become Collective Bargaining Agent for the Karachi Water and Sewerage Board. The petitioner feels aggrieved against this because according to the learned counsel for the petitioner, if this is permitted, the petitioner who is already acting as a Collective Bargaining Agent for the Karachi Water and Sewerage Board as well would be deprived of that representative character, so far as the Karachi Water and Sewerage Board is concerned. It may be stated that some times in 1983 the three respondent Unions had applied for registration, but this registration was refused by the Registrar of Trade Unions through a communication, dated 11-5-1983 on…
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