| Citation(s) |
|---|
| 1986 SLG 2261 1986 SLD 2261 1986 PLC 726 |
Labour Appellate Tribunal, Punjab
Appeal No. 118 of 1983, decided on 26th February, 1986.
GHULAM ABBAS KHAN, PRESIDING OFFICER
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Appeal No. 118 of 1983, decided on 26th February, 1986.
GHULAM ABBAS KHAN, PRESIDING OFFICER
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MAZDOOR ITTAHAD UNIONS
VS
THE REGISTRAR OF TRADE UNIONS, DERA GHAZI KHAN and another
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 3(a), 7(2)(a) a (b)--Trade Union, registration of--Trade union seeking registration, held, would be bound to fulfil requirements of Ss.3(a) a 7(2(a) & (b) of Ordinance XXIII of 1969--Failure to comply with provisions of Ordinance XXIII of 1969 would not entitle trade union for registration. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 7(2)(b)--Trade Union, registration of--Requisite number of members of registration--There being already two registered trade unions functioning in establishment, new trade union seeking registration, held, would be required to have members not less than 1/5th of total number of workmen employed in establishment--Trade union having members less than 1/5th of total number of workmen would be refused registration. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 8(i)--Word 'satisfaction', connotation of--For registration of trade union, satisfaction of Registrar, held, would be necessary in accordance with requirement of the whole ordinance and not of any particular section--Word 'satisfaction' having been used therein, same would make room for enquiry by Registrar--Silence on part of Registrar with regard to any illegality in objections made by him would not make it imperative for such Registrar to issue registration certificate--Silence of Registrar if interpreted in favour of Union seeking registration would amount to estoppel against law which could not be permitted--Time limit provided by law for Registrar to grant/refuse registration is directory in nature and not mandatory. P L D 1975 S C 134ref. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 3 a 7(2)(a), (b)--Trade 'union, registration of--Contradictions--Plea that opportunity to meet out contradictions was not given by Registrar, held, would not be convincing in view of fact that union seeking registration had been submitting list of membership again and again. (e) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 3 a 7(2)(a), (b)--Qanun-e-Shahadat Order (10 of 1984), Art.118 -Extraneous considerations--Plea of--Such plea not established on record, held, could not be…
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