| Citation(s) |
|---|
| 1988 SLG 1407 1988 SLD 1407 1988 PLC 890 |
National Industrial Relations Commission
Appeal No. 12(64) of 1987, decided on 12th March, 1988.
M. S. H. QURAISHI, CHAIRMAN, S.IJAZ-UL-HASSAN AND ASHRAF ALI, MEMBERS
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Appeal No. 12(64) of 1987, decided on 12th March, 1988.
M. S. H. QURAISHI, CHAIRMAN, S.IJAZ-UL-HASSAN AND ASHRAF ALI, MEMBERS
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PAKISTAN WAREHOUSE CARRIERS WORKERS UNION
VS
THE BENCH OF THE , ISLAMABAD and 10 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.22(1), 22-B(3)(b), 22-D & 22-F--Jurisdiction of Commission--Grant of C.B.A. Certificate--Appeal against--Section 22-B does not create jurisdiction but contains procedural provisions--No three tiers in Commission corresponding to Registrar "Labour Court" and "Tribunal" and all functions of three forums, as relatable to Commission, are to be discharged by Commission itself in accordance with S.22-B and the procedure laid down in Regulations made under S.22-F--Remedy against decision by a Bench of Commission lies only before a Full Bench of the Commission in terms of S.22-D and an appeal which passes test of admissibility under that section cannot be thrown out on ground that an appeal from a similar order of Registrar would not lie--Full Bench would have all the powers for disposal of such appeal as are available to a Labour Court or a Tribunal in terms of S.22-B(3)(b) read with S.22-D(2)--Provision of appeal against an order determining and certifying a C.B.U. does not operate to exclude an appeal from grant of a C.B.A. Certificate--Contention that grant of a certificate of C.B.A. under S.22(1) did not constitute a "decision" but was only an "order" and as such not appealable under S.22-D, repelled--Assumption that in dealing under S.22(1), there was no other party involved was not warranted because other parties might become proper or even necessary for ascertaining whether condition of having members not less than one-third of total number of workmen employed in the establishment was fulfilled--Objections to maintainability of appeal rejected. Karachi Electric Supply Ltd. Corporation Labour Union v. Registrar, National Industrial Relations Commission, Islamabad and 2 others 1987 P L C 340 ref. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 22(1)--Collective Bargaining Agent Certificate, grant of--Parties to proceedings--Grant of C.BA. Certificate in favour of a Union does concern the employer inasmuch as he is compelled under the law to negotiate with the C.B.A. and not with any other Union and a Union can be certified as C.B.A. only for those branches of the organization in which it…
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